Washington DC Injury Lawyer Blog
Thousands of Prince George’s County residents commute into Washington, D.C. every day — by Metro, bus, or car — and spend part of their day walking through the District’s busy intersections, crosswalks, and commercial corridors. When a driver strikes a pedestrian in D.C., the injuries are almost always severe: broken bones, head trauma, internal bleeding, and spinal injuries are common because the pedestrian has no protection from the impact. District of Columbia law gives injured pedestrians the right to pursue compensation from the at-fault driver, but D.C.’s fault rules differ significantly from Maryland’s. Lebowitz & Mzhen Personal Injury Lawyers represents pedestrian accident victims in Washington, D.C. and throughout the Maryland-D.C. corridor, with founding partners admitted to the bars of both Maryland and the District of Columbia.
How Does Fault Work in a D.C. Pedestrian Accident?
The District of Columbia follows a contributory negligence rule, meaning that an injured pedestrian can be barred from recovering any compensation if they were partially at fault for the accident. This is the same harsh standard used in Maryland — and it makes legal representation critical for pedestrian accident victims.
Insurance companies defending drivers in D.C. pedestrian cases routinely argue that the pedestrian was jaywalking, crossing against the signal, distracted by a phone, or walking outside a crosswalk. Under D.C. Code § 50-2201.28, drivers must exercise due care to avoid colliding with any pedestrian, and must give the right of way to a pedestrian in a crosswalk. Even so, the defense will look for any evidence of the pedestrian’s own negligence to attempt a complete bar on recovery.
Lebowitz & Mzhen Personal Injury Lawyers builds pedestrian accident cases designed to establish that the driver — not the injured person — bears full responsibility for the collision. The firm’s attorneys gather traffic camera footage, witness statements, and accident reconstruction analysis to counter contributory negligence defenses in D.C. Superior Court.
Where Do Pedestrian Accidents Happen Most Often in D.C.?
Pedestrian accidents in Washington, D.C. cluster around high-traffic areas where vehicles, buses, and foot traffic converge. Corridors that are particularly dangerous for pedestrians include Connecticut Avenue NW, Georgia Avenue NW, Pennsylvania Avenue SE, Rhode Island Avenue NE, and the areas surrounding Union Station, Dupont Circle, and Gallery Place-Chinatown. Many Prince George’s County commuters pass through these areas daily on their way to federal offices, hospitals, and businesses in the District.
D.C.’s “Vision Zero” initiative aims to eliminate traffic fatalities, yet pedestrian deaths have remained stubbornly high. According to the District Department of Transportation, pedestrians account for a disproportionate share of traffic fatalities in D.C. relative to other road users.
What Compensation Can a Pedestrian Accident Victim Recover in D.C.?
An injured pedestrian in Washington, D.C. can pursue both economic and non-economic damages from the at-fault driver. Unlike Maryland, the District of Columbia does not impose a statutory cap on non-economic damages in most personal injury cases, which means there is no predetermined ceiling on pain and suffering awards.
| Damage Type | Examples |
|---|---|
| Medical expenses | Emergency room, surgery, hospitalization, physical therapy, future medical care |
| Lost wages | Income lost during recovery, including sick leave and PTO used |
| Reduced earning capacity | Permanent disability affecting your ability to work |
| Pain and suffering | Physical pain, emotional distress, anxiety, PTSD, loss of enjoyment of life |
| Disfigurement | Scarring, amputation, or other permanent physical changes |
Pedestrian accident injuries often involve extended hospitalization and months of rehabilitation. The at-fault driver’s insurance company may offer a quick settlement that covers only a fraction of these costs. Having an attorney evaluate the full scope of your damages before accepting any offer can make a significant difference in the outcome. Contact Lebowitz & Mzhen to have your case reviewed at no charge.
What Is the Statute of Limitations for a Pedestrian Accident in D.C.?
The statute of limitations for a personal injury claim in the District of Columbia is three years from the date of the accident under D.C. Code § 12-301. If the pedestrian died as a result of their injuries, the family has two years from the date of death to file a wrongful death claim under D.C. Code § 16-2702.
Three years may seem like a long window, but critical evidence — traffic camera recordings, dashcam footage, and witness recollections — deteriorates quickly. Pedestrian accidents that occur near Metro stations or in high-traffic commercial areas may be captured on D.C. government or private surveillance cameras, but this footage is typically overwritten within 30 to 72 hours if not preserved.
Frequently Asked Questions
Can I file a claim if I was jaywalking when the driver hit me?
D.C. follows contributory negligence, so jaywalking could potentially bar your claim if the defense proves it contributed to the accident. However, drivers in D.C. have a duty of due care to avoid hitting pedestrians regardless of where the pedestrian is walking. If the driver was speeding, distracted, or failed to brake, their negligence may outweigh any fault attributed to the pedestrian. An attorney can assess whether a viable claim exists.
What if the driver fled the scene of the pedestrian accident?
Hit-and-run pedestrian accidents are unfortunately common in D.C. If the driver cannot be identified, your own uninsured motorist (UM) coverage may provide compensation for your injuries. Filing a police report immediately and preserving any surveillance footage increases the chance of identifying the driver.
I live in Prince George’s County but was hit in D.C. Where do I file my claim?
Your claim would be governed by D.C. law and filed in D.C. Superior Court, regardless of where you live. The location of the accident — not your residence — determines which jurisdiction’s laws apply. Lebowitz & Mzhen’s founding partners are admitted to both the Maryland Bar and the D.C. Bar, allowing the firm to handle cases in both jurisdictions.
Talk to a D.C. Pedestrian Accident Lawyer
A pedestrian accident can change your life in seconds — leaving you with catastrophic injuries, mounting medical bills, and an insurance company that wants to pay as little as possible. Lebowitz & Mzhen Personal Injury Lawyers represents pedestrian accident victims in Washington, D.C. and has recovered over $90 million for injured clients. Founding partner Jack Lebowitz has litigated personal injury cases in D.C. Superior Court for more than 30 years and is recognized as a National Trial Lawyers Top 100 attorney. Call (800) 654-1949 or contact the firm online for a free consultation. No fees unless you win.
Past results do not guarantee future outcomes. Each case is evaluated on its own facts and applicable law.