Pedestrian Accident Claims in District of Columbia

Pedestrian right of way: in the District, drivers must stop and remain stopped (not merely yield) for a pedestrian crossing in a marked crosswalk or an unmarked crosswalk at an intersection when the pedestrian is in the driver's lane, one lane away and approaching it, or in the lane the driver is turning into. Drivers in an adjacent lane or behind a vehicle stopped at a marked crosswalk must also stop before passing. A pedestrian who starts crossing on a WALK signal keeps the right of way until reaching the nearer sidewalk or safety island. Failing to stop for or colliding with a pedestrian is a crime punishable by a fine and up to 30 days in jail.

Under the Motor Vehicle Collision Recovery Act, a pedestrian or "vulnerable user" (such as a cyclist or scooter, skateboard or motorcycle rider) hit by a motor vehicle or another vulnerable user is not barred from recovering because of his or her own negligence, unless that negligence was a proximate cause of the injury and greater than the combined negligence of all defendants.

Drivers must carry at least $25,000 per person and $50,000 per accident in bodily injury liability coverage and $10,000 in property damage liability coverage (25/50/10), plus uninsured motorist coverage of $25,000/$50,000 for injury and $5,000 for property damage ($200 deductible). D.C. is an optional no-fault jurisdiction: insurers must offer personal injury protection (PIP), with medical benefits of at least $50,000, paid regardless of fault. A person who elects PIP benefits (within 60 days of the accident) may sue the at-fault driver only for serious injuries (such as substantial permanent scarring or impairment, or inability to perform daily activities for more than 180 days) or when medical expenses or work loss exceed the PIP benefits. Survivors may still sue for a death.

D.C. has no separate deadline that names personal injury; negligence-based injury claims fall under the general 3-year period for actions not otherwise specifically covered. Claims for assault, battery, libel, slander, false arrest or false imprisonment have 1 year.