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While DC law states that pedestrians always have the right of way in crosswalks and sidewalks, they do not have the right of way when crossing outside of a crosswalk.
Like everyone else on the road, pedestrians must follow the law, including yielding to oncoming traffic and obeying traffic signals. When a pedestrian fails to follow right of way laws, the consequences can be devastating. The Washington, DC pedestrian accident attorneys at Regan Zambri Long know that these cases are complicated because of DC’s strict negligence laws.
With over 200 years of combined legal experience, our personal injury attorneys have the expertise to establish fault and help injured pedestrians recover the compensation they deserve. Contact us today to schedule a free consultation.
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It’s also important to note that turning vehicles must also yield the right of way to pedestrians. Take our recent case of an Amazon delivery driver who was turning while a pedestrian was crossing the road. The woman had begun walking across the crosswalk when the turning delivery van collided with her, causing extensive, catastrophic injuries.
Even when a pedestrian clearly has the right of way, this does not automatically assign fault to the driver. DC courts will still need to assess the behavior of both parties when determining liability in an accident case. If a pedestrian acted unexpectedly before the accident, such as darting into traffic or crossing at an unusually slow pace, that behavior may complicate the personal injury claim.
Understanding right of way rules helps build a strong case, but it does not guarantee compensation on its own.
Situations where a pedestrian does not have the right of way include:
If you enter the intersection while the “DON’T WALK” signal or a flashing red hand is showing, DC law states that drivers do not have to yield. Unfortunately, in such cases, pedestrians may be found at fault for the accident.
This does not mean that the driver will not be held responsible for the accident. However, it is more difficult to prove that driver negligence caused the collision.
Crossing outside of a crosswalk, also known as mid-block crossing, is not automatically illegal in Washington, DC. Under DCMR Title 18, pedestrians may cross mid-block in certain circumstances, provided they yield to oncoming traffic. However, because there’s no marked “crosswalk” protection in the middle of a block, pedestrians don’t have the right of way in these situations.
If you’re struck while crossing mid-block, you may be found partially responsible for your injuries. Though this doesn’t mean you’re automatically at fault. The driver’s conduct and the specific circumstances still matter in these cases.
Jaywalking refers to crossing when crossing is specifically prohibited or when crossing is done in a hazardous manner. This includes:
Crossing where signs prohibit pedestrian crossing
Entering the roadway in a way that creates a hazard
Crossing in violation of specific local regulations
Unlike mid-block crossing, jaywalking carries a strong presumption of fault on the part of the pedestrian. A pedestrian who is struck while jaywalking may be found entirely at fault or bear significant responsibility for their injuries, which could complicate their injury claim.
DC law prohibits pedestrians from suddenly entering traffic in a manner that creates a hazard to others. Under DCMR Title 18, emerging suddenly from between parked cars or other obstacles that block a driver’s view can undermine right of way claims.
Even if the pedestrian was technically in a crosswalk, darting into the path of an oncoming vehicle often results in a finding of contributory negligence, a legal doctrine that prevents the injured pedestrian from receiving any compensation.
Several situations can affect the standard pedestrian right of way rules in DC:
Historically, Washington, DC, applied pure contributory negligence in personal injury cases. Under this harsh rule, if a pedestrian was even 1% at fault for an accident, they could be completely barred from recovering any compensation. This made pedestrian accident cases particularly challenging to win.
However, the Vulnerable User Collision Recovery Amendment Act of 2020 (D.C. Law 23-183) significantly changed this landscape for pedestrian accident cases. Under the Act, courts must carefully weigh the relative fault of the motorist against that of the pedestrian.
More importantly, the driver’s enhanced duty to vulnerable users can tilt liability even when the pedestrian made minor errors. This represents a significant shift in how DC courts handle pedestrian accident claims.
Time limits apply to filing pedestrian accident claims in Washington, DC. Personal injury claims must generally be filed within three years from the date of injury. For wrongful death claims arising from fatal pedestrian accidents, the deadline is only one year. Missing these deadlines can permanently bar your right to compensation, regardless of how strong your case might otherwise be.
With the enhanced driver-duty and vulnerable-user protections now in place under DC law, injured pedestrians have greater leverage in settlement negotiations and at trial. This is especially true when evidence about the crossing itself is disputed. The combination of statutory protections and the 2020 amendments means that pedestrian accident victims have more legal tools available to pursue full compensation for their injuries.
Given the stricter duty standards that now apply to drivers, early preservation of evidence has become even more critical in pedestrian accident cases. Video footage from traffic cameras or nearby security systems, expert analysis of signal timing and crossing patterns, and detailed witness statements all carry significant weight.
Building a strong evidentiary record from the beginning can make the difference between a successful claim and a difficult uphill battle.
No, the Vulnerable User Collision Recovery Amendment Act doesn’t eliminate contributory negligence, but it does change how courts apply it in pedestrian cases. Under the amended law, courts must carefully weigh the relative fault of both parties, and the driver’s heightened duty to vulnerable users can offset minor pedestrian errors. If your fault was minimal compared to the driver’s negligence, you may still be able to recover compensation.
Yes. Under D.C. Code § 50-2201.28, DC law treats unmarked crosswalks at intersections as legal crosswalks. If you were crossing at an intersection — even one without painted lines — you likely had the same right of way protections as if the crosswalk were clearly marked. This is an important protection given how many DC intersections lack visible crosswalk markings.
Potentially, yes. Pedestrians have a duty to proceed across the roadway at a reasonable speed and not to stop or delay. However, drivers also have a duty to exercise heightened care around pedestrians. If you slowed down for a reason, such as an obstacle in the road or you have a physical disability, that context matters. An experienced attorney can help analyze how these competing duties apply to your specific situation.
Yes, it can make a significant difference. A driver’s speeding, distraction, or other negligent behavior triggers the heightened duty of care provisions under DC’s vulnerable user laws. Even if you made a minor error while crossing, the driver’s failure to exercise appropriate caution can shift substantial liability to them.
In short, yes. Pedestrian accident cases in DC are rarely as straightforward as they appear. Insurance companies will often dispute liability and minimize payouts, even in cases where the driver was clearly at fault. An experienced pedestrian accident attorney understands how to navigate these complexities, preserve critical evidence, and build the strongest possible case for full compensation.
Regan Zambri Long’s pedestrian accident lawyers bring deep familiarity with DC’s Vulnerable User laws and their interplay with contributory negligence rules. We have extensive experience reconstructing accident scenes, including analyzing signal timing, crosswalk markings, and visibility conditions.
Our attorneys are prepared to take on wrongful death and catastrophic injury cases involving pedestrians and vulnerable users in the DC Superior Court. We handle these cases on a contingency-fee basis, meaning you pay no upfront costs — our fee is only deducted from the compensation we recover for you.
When you are injured in a pedestrian accident, don’t wait another second. Call Regan Zambri Long today to schedule a free consultation.
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.