Over $150 Million Recovered For Our Clients “Roger K. Gelb is one of the area’s most respected and sought-after legal minds” – Washingtonian Magazine
Washington, DC Pedestrian Accident Lawyer
While vehicle-to-vehicle collisions are more frequent, pedestrian accidents in Washington, DC, often result in severe or even catastrophic injuries, highlighting the critical need for specialized DC pedestrian injury attorneys. In many cases, the injuries from these accidents can be fatal. For pedestrians who survive a collision with a motor vehicle, their lives could change forever. A DC pedestrian accident lawyer protects the victim’s rights. Recent statistics show an uptick in pedestrian accidents in DC, many leading to catastrophic injuries, reflecting an urgent need for experienced pedestrian accident legal representation.
If you were severely injured in a motor vehicle accident, you could have a claim for monetary compensation. Pursuing an injury claim is always complex, but a Washington, DC, pedestrian accident lawyer could assist you with all the complexities of a lawsuit. Our dedicated team at Gelb & Gelb, P.C., including DC crosswalk accident lawyers and experts in pedestrian rights, will thoroughly review your case, review it, and let you know your legal options.
Secure your rights with Washington, DC’s premier pedestrian accident legal team. Contact Gelb & Gelb, P.C. today for a no-obligation consultation.
Understanding Common Causes of Pedestrian Accidents
In the bustling streets of Washington, DC, most pedestrian accidents stem from driver negligence, including failure to yield and distracted driving, underscoring the importance of consulting a DC pedestrian safety lawyer. Negligence is a legal standard that requires harm resulting from a careless, reckless, or intentional act. Negligence can result in pedestrian accidents in many ways.
Some pedestrian accidents occur due to a driver’s failure to keep a proper lookout. This could involve a motorist striking a pedestrian walking along a roadway or crossing at an intersection.
Other examples of negligence involve drivers not paying full attention to the roadway. This can include motorists who are distracted by their mobile devices or under the influence of alcohol.
While most pedestrian accidents occur due to driver negligence, these cases can occur due to mistakes made by the vehicle manufacturer. When a vehicle or one of its parts is defective, it can result in an unexpected accident. This is especially true when a vehicle’s brakes or steering column are defective. No matter the specific cause of the crash, a dedicated Washington DC pedestrian accident attorney can work toward building a solid negligence case.
Types of Recoverable Damages in a Pedestrian Accident
Due to the severity of the injuries in many pedestrian accidents, the potential compensation in these claims is substantial. No two car accident claims are identical. This means the value of each case will depend on the facts. The following types of compensation are familiar with many pedestrian accident claims.
Medical Bills
Medical treatment is often one of the significant expenses after a pedestrian accident. These costs extend far beyond emergency room care. Medical costs can also include additional surgeries, follow-up visits, prescription medication, and prosthetic devices, among other things. A successful injury claim could recoup these costs.
Disfigurement
Many pedestrian accidents result in scarring and disfigurement that will never heal. This can include anything from burn scars to amputation. When a pedestrian suffers permanent disfigurement, they can seek compensation for its impact on their quality of life.
Lost Wages
Missing time away from work is one of the most difficult challenges following an injury. Sometimes, a pedestrian may be too injured to return to the workforce. An injury suit can seek compensation for lost wages during a pedestrian’s recovery and damages for any future lost wages.
Why Choose Gelb & Gelb, P.C.
When choosing a pedestrian accident attorney in D.C., you can find hundreds of options online. Many of these options are great attorneys. So, what separates us from everyone else? There are several factors to consider. Here, we will highlight the top three reasons.
Experience
The first factor to consider is experience. This is a desirable trait in any professional service. In law, there are several reasons why it is essential. First, experience lends itself to having knowledge and understanding of the law. While law school teaches new lawyers how to think like a lawyer, there is an old expression that still needs to teach you how to be a lawyer. The truth is that it is called “the practice of law” for a reason. There is no way to master it; it is constantly evolving. However, the more experience an attorney has, the closer he gets.
A second factor is having a robust professional network. This is something that can only be done over time. While no attorney should ever claim that having a relationship with a judge is an advantage, understanding the demeanors of certain judges is ideal. Some judges prefer the most professional etiquette in the courtroom. So, an inexperienced attorney unaware of the judge’s preferred formalities may run into issues. This is something that can only be learned through experience.
Reputation
Reputation is another thing that can only be built over time. But experience is only sometimes indicative of a good reputation. It can be destroyed instantly for as long as it takes to build a strong reputation. Our reputation at Gelb & Gelb, P.C. is second to none. We take immense pride in everything we do. For us, personal injury law is a family business. It is not merely a job. We have had three generations of personal injury attorneys at our firm.
Through our reputation, you may trust our judgment. Much of the law centers around the ability to make decisions. The law is not black and white. It has shades of gray that make lawyers necessary. This is separate from ethics, which are always transparent. Instead, there are infinite complex legal questions with no definitive answer. It takes an attorney with sound judgment to know when to proceed with a case, when to press forward, and when not to. If we evaluate your case and determine its merit, we can assure you that we will handle it professionally.
Aggressive Pursuit
First, aggressively pursuing your claim shows you that you have an attorney willing to fight on your behalf. Some attorneys have an overloaded case schedule. As a result, they need more time and organization to pursue your case aggressively. Hiring an attorney who aggressively pursues your claim may deter the defense from lowballing your case. This ties into the point on reputation as well.
An aggressive attorney may also negotiate a better settlement offer from the defense. Defendants and their insurance providers do not want to pay out what the case is worth. In almost all cases, the insurance company wants to spend as little money as possible for an injury. That is the nature of the business they are in. It takes aggressive pursuit by a DC pedestrian accident lawyer to fight for the compensation you deserve for your injuries.
Why You Need a Pedestrian Accident Lawyer
A good pedestrian accident lawyer will guide you through the legal process and work with you to build the most robust case. Getting into a pedestrian accident means the start of an intimidating process. It almost always involves insurance companies and lawyers. In every scenario, it is in your best interest to consult with a personal injury attorney in Washington, D.C. Once we take on your case, we will run a thorough investigation to ensure we uncover all relevant facts. Then, once we collect all relevant evidence, we will build your case.
Once we neatly put together our argument, we send out a demand letter to the defense. In doing so, we are initiating negotiations for settlement. This is the alternate dispute resolution for nearly all pedestrian accident lawyers. Settling a case is cost-effective and time-efficient. Unfortunately, our court system is slow. Getting into court for a pedestrian accident case can take several months. So, it is in all parties’ best interest to resolve the case through a settlement contract. Of course, if the defense is unwilling to make a fair offer, we will take the defendant to trial.
When You Do Not Need a Pedestrian Accident Lawyer
There are two scenarios where you do not need a pedestrian accident attorney. The first is if you are, for whatever reason, at fault in the accident. If that is the case, you are best off handing the case to your insurance provider. A personal injury attorney will not take your case because personal injury lawyers are plaintiff attorneys.
The second scenario is when liability is clear, and the defendant’s insurance company has already made a maximum limits offer. This means that the defendant’s insurance policy only exceeds a certain amount. Chances are, if the insurance company makes such an offer, liability is clear, and damages exceed the coverage. In this case, it is likely unnecessary for a lawyer to get involved.
What to do if you are in a Pedestrian Accident in Washington, D.C.
A pedestrian accident can be intimidating. We guide our legal team, led by our DC pedestrian accident attorneys.
Collect Evidence
While not necessary, this is a critical moment in your case. We need to collect essential evidence such as the name, license plate number, and insurance information from the tortfeasor to have someone sue. Fortunately, you should still be able to make an uninsured motorist claim under your insurance, but this is not always as much coverage as a defendant’s liability coverage. Thus, collecting the tortfeasor’s contact information is the first step you should do. If they try to escape the scene after hitting you, try to get a picture of the license plate on the vehicle. With this, we can at least determine who owns the car and track down the owner, who will likely also be the driver.
Additionally, it would be best if you looked to collect witness contact information. A statement from a witness is only sometimes admissible, but it is almost always helpful in building your case. Additionally, while many people are aware of the hearsay issue regarding a statement made at the scene of an accident, that same witness can still testify to that same observation in court. Of course, witness testimony can be powerful evidence in a pedestrian accident case. Thus, collecting this information is in your best interest. Police may also do this and include it in their police report. To that end, could you ensure the police come to the scene?
Seek Medical Treatment
This step is vital for several reasons. First, when you are in a pedestrian accident, your injuries can be debilitating. Immediate medical attention is often the best course of action, above all else. This step can and frequently is ahead of the step of collecting evidence. They are interchangeable depending on the severity of your injuries. Of course, if you cannot get information from the adverse driver because of your injuries, do not worry. Your first order of business should change to get yourself out of harm’s way. Let the police take care of the adverse tortfeasor.
This step does not cease at the scene of the accident. It can take months or even years to see the end of your medical treatment. I want you to know that keeping up with your care is essential, not just for the value of your case but for your ultimate well-being.
Mitigate Damages
This is a broad, general rule. But, it has plenty of applications in a pedestrian accident case. The first thing to consider is in the realm of your injuries. I think it would be best to avoid activities that may agitate your injuries from your accident. This may be surprising, but your inability to participate in your favorite activities and hobbies due to your injuries is compensable. This falls under general pain and suffering, a general damage in tort law. However, if you participate in them in any way and aggravate or worsen your injury, you could ruin your case.
Under the law, you must mitigate your damages. This is a defense that halts any recovery beyond the failure to mitigate. In other words, as soon as you decide not to mitigate and an aggravation occurs, you cannot recover for damages beyond that point.
Speak with a Washington DC Pedestrian Accident Attorney Immediately
Every pedestrian injured in an accident with a motor vehicle should have two priorities. The first is to seek immediate medical care. The second is to protect their legal rights by speaking with experienced legal counsel.
A Washington, DC, pedestrian accident lawyer can help you pursue an injury claim following your accident, even if you are uninsured. Call Gelb & Gelb, P.C. today to get started on your case.
For more detailed insights on pedestrian safety laws and your rights when in a crosswalk, read our comprehensive guide.