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Contributory negligence is a legal doctrine that can bar you from recovering any compensation if you’re found even partially at fault for your pedestrian accident. Washington, DC, is one of only a few jurisdictions that still adhere to this strict rule, making it crucial to work with pedestrian accident attorneys who understand how to effectively counter these defenses.
Insurance companies and defense lawyers routinely argue that the pedestrian was jaywalking, distracted, or otherwise contributed to the accident. Regan Zambri Long knows how to gather evidence, establish fault, and challenge attempts to shift blame onto the victim.
When you’ve been injured in a pedestrian accident, contact Regan Zambri Long for a free consultation. We’re available 24/7, and there’s no fee unless we win your case.
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Understanding the role of contributory negligence in pedestrian accidents is imperative for anyone involved in such accidents in Washington, DC.
Contributory negligence is a legal concept that can dramatically influence the resolution of pedestrian accident cases. In essence, contributory negligence law bars victims from recovering compensation for the negligence of others if they were also negligent in causing the harm.
This differs greatly from comparative negligence systems, where damages are based on each party’s fault.
Understanding the role of contributory negligence in pedestrian accidents is imperative for anyone involved in such accidents in Washington, DC. In 2023, pedestrians made up 32% of all traffic fatalities in the District, almost double the national average of 18%. This underscores how vital it is to understand how liability is determined when a pedestrian is injured or killed.
In pedestrian accidents, several factors can contribute to a finding of contributory negligence. For instance, if a pedestrian was jaywalking, ignoring traffic signals, or walking distractedly, like using a cell phone, these actions could be considered negligent.
Similarly, if a pedestrian suddenly steps into traffic, it gives a driver no reasonable chance to avoid a collision. In such cases, the pedestrian’s actions are critically evaluated to determine if they contributed to the incident.
Insurance companies and defense attorneys often scrutinize the pedestrian’s behavior to find any evidence of fault. This impacts the financial compensation they could recover, leaving them without recourse for compensation for medical bills, lost wages, and other damages resulting from the accident.
However, the application of contributory negligence is not always clear-cut. There are exceptions to who can be held to strict contributory negligence.
For instance, children are often held to a different standard, given their limited capacity to appreciate risks. Or, in situations where the driver’s actions were particularly reckless or egregious, the strict application of contributory negligence might be reconsidered.
In addition, the District of Columbia has put exceptions into place for pedestrians and other vulnerable road users. Under the law, “A pedestrian or vulnerable user of a public highway or sidewalk involved in a collision with a motor vehicle or another vulnerable user; or A vulnerable user of a public highway or sidewalk involved in a collision with a pedestrian” will not be barred from recovering damages, unless their behaviors that caused the injury were greater than the total negligence of all the defendants.
While this exception relieves pedestrians involved in motor vehicle accidents, these cases still require the representation of skilled pedestrian accident attorneys, like those at Regan Zambri Long.
With comprehensive evidence, these personal injury lawyers can challenge allegations of contributory negligence and defend the rights of injured pedestrians.
Navigating your pedestrian accident claim under the strict lens of contributory negligence requires careful strategy and awareness. Here’s what you need to know.
Step 1: First and foremost, immediate action post-accident is critical for your well-being and establishing a case. Report the incident to the police and seek medical attention, even if you do not think you have severe injuries.
Step 2: Document everything from the accident scene and your medical treatments, as this creates a trail of evidence that can be necessary for disputing any claims of contributory negligence.
You’ll also need to gather as much evidence as possible, including taking photographs of the accident scene, collecting contact information of witnesses, and retaining any surveillance footage that may have been captured at the scene. This evidence can provide critical insights into the accident, ultimately determining if you contributed to it in any way.
Step 3: Be mindful of what you communicate to the insurance company and any others, as any statements you make could be used to suggest your fault in the accident. At this point, it is best to consult with a legal professional before discussing the accident with insurance representatives.
Because of how DC contributory negligence law could be applied, seek legal representation as soon as possible. A skilled attorney can help interpret the evidence, negotiate with insurers, and represent you in court if required. They will also ensure you meet the strict filing deadlines for pedestrian accident claims as to avoid missing your opportunity to secure compensation. They can also challenge allegations of contributory negligence, advocate for your rights, and work to achieve fair compensation for your injuries and losses.
Under the potential application of the doctrine of contributory negligence, a pedestrian accident claim requires a proactive and informed approach. With expert legal assistance, you can better position yourself to overcome the challenges of the contributory negligence legal doctrine.
When a pedestrian accident changes your life, the law firm you choose matters. At Regan Zambri Long, our attorneys bring decades of proven success in holding negligent drivers, corporations, and government entities accountable.
Our track record reflects the dedication and skill that set us apart. We’ve obtained multimillion-dollar settlements and verdicts for pedestrians seriously injured in collisions across the DC Metro area, including:
Our attorneys have also recently filed a $60 million lawsuit against Amazon on behalf of a pedestrian who suffered catastrophic injuries after being hit by a delivery vehicle in Washington, DC. The case is being led by founding partner Patrick Regan, along with partner Christopher Regan and attorney Emily Lagan. This ongoing litigation underscores our commitment to fighting for those harmed by corporate negligence and unsafe driving practices.
Our firm’s reputation is built on skill, integrity, and recognition from the nation’s leading legal organizations. Our founding partners, Patrick Regan, Salvatore Zambri, and Victor Long, are board certified by the National Board of Trial Advocacy, a distinction held by only a small percentage of trial lawyers nationwide.
Patrick Regan is also a Fellow of both the American College of Trial Lawyers and the International Academy of Trial Lawyers, two of the most selective professional associations in the United States. Salvatore Zambri has been named among the Top 10 Super Lawyers in Washington, DC, and Sal Zambri, Patrick Regan, and partner Paul Cornoni have each been recognized among the Top 100 Super Lawyers in Washington, DC.
In addition, all six partners at our firm have been recognized among the Lawdragon 500 Leading Plaintiff Consumer Lawyers for their advocacy on behalf of injury victims.
We collaborate with accident reconstruction specialists, medical professionals, and economic analysts to identify negligence and build compelling evidence. With the financial and legal resources to pursue even the most complex cases, our firm is prepared to take every case to trial if necessary.
Every client we represent receives personal attention from our team. From your first consultation to the resolution of your case, we’ll explain each step clearly, keep you informed, and stay focused on achieving the best possible outcome.
Our goal is to help you move forward with confidence and peace of mind.
If you or a loved one has been involved in a pedestrian accident, seek professional legal counsel. Reach out to Regan Zambri Long for a no-obligation, free consultation by calling us or visiting us online.
Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.