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Pedestrians in marked crosswalks can suffer catastrophic injuries if they are struck by a careless or reckless driver. At Gelb & Gelb, we are prepared to help you fight for your legal rights following a crash. While providing personal and compassionate representation, Washington, D.C. pedestrian accident lawyer Roger Gelb can help you remain informed during all stages of your legal case. As a leading injury attorney in the region, Mr. Gelb has secured more than one-hundred million dollars for clients located throughout Washington D.C, Maryland, and Virginia. If you have been hurt in an accident, Attorney Gelb is ready to investigate the underlying causes of your injuries and seek to hold all responsible parties accountable.Filing a Personal Injury Claim for a Pedestrian Accident in a Crosswalk
Drivers who injure pedestrians in a crosswalk can face civil penalties. The victim may file a personal injury claim for all accident-related costs. The first step in this kind of lawsuit is to establish the driver’s fault for the accident. Generally this involves proving the defendant’s negligence.
A negligence claim requires the plaintiff victim show that the defendant driver owed them a duty of care, breached this duty, and caused their injuries. Drivers are expected to follow traffic rules and operate their vehicles with care, avoiding foreseeable harm to others sharing the road. Things like speeding or failing to stop for pedestrians at a crosswalk may constitute a breach of the duty of care because it is behavior that is likely to lead to injuries. If a plaintiff can show that this kind of breach was the cause of their injuries, they may be able to collect damages.
Crosswalks are designated paths for pedestrians, and drivers must yield to people walking. A common example of a pedestrian accident in a crosswalk occurs when a driver makes a right turn on a red light, cutting off and striking someone crossing the street. In a personal injury claim, traffic violations can help to establish that the driver violated their duty of care, as can witness statements or law enforcement observations. A traffic offense can also give rise to a claim of negligence per se, which can apply in situations involving the violation of a law intended to protect a particular population that an injured plaintiff is part of. A seasoned pedestrian accident attorney can evaluate whether this sort of claim would be appropriate in your case.Damages
After establishing the defendant’s negligence, the victim may recover both economic and non-economic damages. Things like medical care expenses for hospital stays and surgery would be considered economic damages. If necessary, medical professionals can be consulted to help establish the true extent of a plaintiff’s harm, which may include ongoing care in the future. Economic damages can also include wages from work missed due to injuries.
Non-economic damages available to pedestrian accident victims can include costs for pain and suffering related to their injuries. Sometimes these are exhibited by a decreased quality of life, including an inability to return to former hobbies and activities.Wrongful Death
In the tragic event of a fatal accident, a wrongful death claim may be appropriate. Surviving family members and designated individuals can be compensated for the loss of their loved one. The damages in this type of lawsuit typically cover funeral costs as well as wages from work that the deceased would have performed had they survived and worked until retirement.Third Party Liability for a Pedestrian Accident in a Crosswalk
Local municipalities such as a city or town may be at fault in certain instances involving pedestrian accidents. Municipal negligence can take different forms, and can include things like a poorly placed crosswalk or a failed traffic light. For example, a crosswalk located immediately after a hill atop a busy street may present a safety hazard. An injured plaintiff may have the right to pursue a claim against the town if they are injured due to the town’s negligence in designing this crosswalk.Washington, D.C. Lawyer for Pedestrian Accident Victims
When someone’s reckless or careless conduct causes injuries, a knowledgeable personal injury lawyer can help. At Gelb & Gelb, we provide a free, confidential evaluation of your case, and can be reached by phone at (202) 331-7227 or through our online form. Attorney Roger Gelb is a recognized advocate for injured individuals throughout MD, VA, and Washington, D.C, and strives to provide diligent, dedicated advocacy on your behalf.