In Washington, D.C., the law allows car accident victims to recover compensation for medical bills and treatment, lost wages, suffering, and other damages if the accident was caused by another person’s reckless and negligent actions. Therefore, if you were the victim of a serious car accident, do not let an insurance company or fear of filing a car accident claim cause you to pay out of pocket for your much-needed medical care, damaged property, and other expenses.
Instead, call an experienced Washington, D.C., car accident attorney from Lightfoot Law, PLLC. With Lightfoot Law, PLLC, by your side, your accident claims process can be less confusing, more manageable, and more efficient, giving you the opportunity to focus on yourself and your injuries.
At Lightfoot Law, PLLC, our car accident attorneys are dedicated to serving fellow Washington, D.C., area residents, like you, who suffer serious car accident injuries. We work tirelessly to protect your legal right to compensation after a car accident. Let the car accident attorneys at Lightfoot Law, PLLC, help guide you through the legal claims process and hold any negligent parties responsible for the damages they caused.
At Lightfoot Law, PLLC, our car accident attorneys are:
- Knowledgeable and skilled in navigating the most complex areas of car accident law;
- Experienced and proven successful in winning car accident claims and litigation; and
- Compassionate and driven to succeed on behalf of our clients and their families.
Call us at (202) 919-5453 or contact Lightfoot Law, PLLC, online for honest and practical legal advice today. Our car accident attorneys can review the details of your case at no cost to you and advise you of your legal options and recovery potential.
How Can a Washington, D.C. Car Accident Attorney Help My Case?
There are several ways an experienced car accident attorney from Lightfoot Law, PLLC, can help your legal claim. Without experience in the car accident claims field, it is difficult to know what your claim is worth and easy to fall prey to tactics used by the insurance company to get you to settle for less compensation than you deserve or need for your injuries.
Your car accident attorney at Lightfoot Law, PLLC, will ensure you receive enough compensation to cover both your current and future accident-related expenses by:
- Calculating your current medical bills;
- Estimating your future accident-related costs;
- Placing a value on any non-economic damages; and
- Negotiating with the other parties to get you the maximum amount of compensation possible.
At Lightfoot Law, PLLC, our car attorneys do much more on your behalf so you can focus on yourself and your family. Some of our many services include:
- Handling all insurance company paperwork, phone calls, and negotiations;
- Investigating your accident and reconstructing the accident scene to determine fault;
- Obtaining evidence to prove liability and show the impact of the accident on your life;
- Collecting any available police accident reports;
- Gathering accident scene evidence and taking photos;
- Interviewing any eyewitnesses;
- Getting copies of video surveillance or security camera footage;
- Organizing your medical records and other documentation;
- Assessing your lost wages and future lost earnings;
- Procuring any chemical test results, cell phone records, and other useful evidence proving the other driver caused the accident;
- Getting damage estimates for all vehicles; and
- Reviewing all auto insurance policy coverage information.
To learn more about these or any other services offered at Lightfoot Law, PLLC, call our Washington, D.C., office. When you choose Lightfoot Law, PLLC, you choose representation based on clear communication and responsive client service. We are dedicated to helping you move forward to the next chapter in your life with comfort and financial security.
Causes of Car Accidents in Washington, D.C.
Driving is an inherently dangerous activity, and everyone is at risk when they take to the road in the Washington, D.C., area. Therefore, drivers need to stay alert, sober, and cautious anytime they are behind the wheel.
In order to avoid serious car accidents, it is essential to be aware of their most frequent causes. These include, but are not limited to:
- Driver error;
- Reckless driving;
- Drunk driving;
- Pedestrian accidents;
- Car defects;
- Lack of highway maintenance;
- Hit and run accidents;
- Drugged driver accidents;
- Rear-end collisions;
- Speeding accidents;
- Uninsured driver accidents;
- Rollover accidents;
- T-bone or broadside accidents;
- Single car accidents;
- Multi-car accidents; and
- Distracted driving accidents.
Next to drunk driving, distracted driving is one of the most common causes of car accidents in the Washington, D.C. area. Distracted driving is anything a driver does behind the wheel of a car that takes their mind or eyes off the road or their hands off the wheel.
There are three types of distracted driving. These are visual, manual, and cognitive distracted driving.
Visual distracted driving is anything that takes a driver’s eyes off of the road. It can include:
- Looking at a text;
- Looking at a GPS;
- Looking at a backseat passenger;
- Reading; or
- Looking at scenery.
Manual distracted driving includes any activity that takes a driver’s hands off of the steering wheel and may involve:
- Reaching for a phone or other item in the car;
- Changing a GPS or other car controls;
- Eating or drinking;
- Texting; or
- Applying cosmetics.
Cognitive distractions are any activity that takes the mind off of driving. These distractions include:
- Daydreaming;
- Being mentally or emotionally distracted by a job or home situation;
- Reading;
- Using headphones in the car;
- Having an intense discussion; or
- Texting.
Any type of distracted driving is dangerous; however, texting while driving is especially so as it combines all three types of distracted driving in one activity, making it nearly impossible to react quickly to a hazardous situation.
Car Accident Injuries
Regardless of how they are caused, car accident injuries can vary from minor cuts and bruises to severe and life-changing brain injuries. Some of the most commonly cited car accident injuries include:
- Cuts, bruises, and scrapes;
- Bone fractures and breaks;
- Concussion;
- Whiplash;
- Neck and spinal cord damage;
- Spinal injuries, including partial or total paralysis;
- Head and brain trauma; and
- Post-Traumatic Stress Disorder and mental trauma.
It is crucial to get medical attention immediately following any car accident for a complete examination. This is especially true if there was any trauma to the head during the accident. Brain injuries, including traumatic brain injuries, are often difficult to detect, and some can take days or even weeks to develop.
It is imperative victims of car accidents and their family members watch out for signs and symptoms of brain injuries, which can include:
- Headaches;
- Dizziness;
- Weakness or tremors;
- Visual disturbances;
- Problems with coordination, memory, and comprehension;
- Sleep disturbances; and
- Mood swings.
Car Accident Compensation
Car accident compensation relies heavily upon the type, nature, and extent of injuries incurred by the victim. Serious car accident injuries can need expensive, ongoing medical treatment, including physical therapy, surgery, prescriptions, and more.
There are two types of damages a victim may receive in any successful car accident claim to cover their medical and non-medical accident-related expenses. These are economic damages and non-economic damages.
Economic damages pay for the financial harm inflicted on a car accident victim. Economic damages cover out-of-pocket expenditures for medical care, hospital stays, rehabilitation, medical transportation, and much more. These are damages that can be calculated or approximated and include future accident-related costs.
Non-economic damages pay for the remainder of a victim’s losses. Those losses that do not come with a price tag such as pain and suffering, disfigurement, loss of enjoyment of life, and emotional and mental trauma.
In some instances, where a death occurred, compensation might be available for a wrongful death expenses or a survival action. This can include both economic and non-economic damages for:
- Funeral and burial expenses;
- Loss of companionship;
- Pain and suffering the deceased experienced from their fatal injury; and
- Lost wages and benefits the deceased would have earned if they survived the accident.
Understanding Latent Injuries
Latent injuries are injuries that are not immediately apparent following an accident. They may take hours, days, or even weeks to manifest, making them a significant concern in personal injury claims stemming from car accidents. This delay in the onset of symptoms can complicate the legal process for victims seeking compensation.
Why Latent Injuries Pose an Issue
One of the main challenges with latent injuries is the difficulty in proving the link between the accident and the subsequent symptoms. Insurance companies may argue that if injuries were not evident at the time of the accident or shortly thereafter, they are unrelated to the incident, potentially leading to denied claims. Additionally, the time taken for these injuries to develop creates uncertainty regarding treatment needs and the overall impact on the victim’s life, further complicating the claim.
Steps to Handle Latent Injuries
- Seek Immediate Medical Attention: After an accident, it’s critical to visit a healthcare professional regardless of the immediate presence or absence of pain. A thorough medical evaluation can identify underlying issues that may not yet exhibit symptoms.
- Document Everything: Maintain detailed records of all medical evaluations, treatments, and symptom developments over time. This documentation can be pivotal in establishing a timeline and linking injuries to the accident in any legal proceedings.
- Follow Up with Healthcare Providers: Regular follow-ups allow for monitoring potential latent injuries and ensure that they are documented if they arise after the initial examination. Consistent communication with medical professionals helps in understanding the long-term effects of the injuries.
- Get Legal Representation: Engaging with an experienced Washington D.C. personal injury attorney can help navigate the complexities associated with latent injuries. A lawyer can provide guidance on how to present evidence effectively and advocate for your rights when dealing with insurance companies.
By understanding latent injuries and taking proactive steps, individuals involved in car accidents can mitigate the risks associated with these delayed symptoms and work towards securing the compensation they rightfully deserve.
Contributory Negligence in Car Accident Cases
In Washington, D.C., the legal doctrine of contributory negligence plays a critical role in determining liability in car accident lawsuits. Under this strict standard, if an injured party is found to be even slightly negligent in causing the accident, they may be completely barred from recovering any damages. Washington D.C. is one of the only states that still uses this model, as it is considered extremely harsh and can result in unfair outcomes.
For example, if a driver is found to be only 1% responsible for a car accident, they may not receive any compensation for their injuries. This makes it essential for individuals involved in car accidents to seek legal help.
Modified Comparative Negligence for Vulnerable Road Users
The doctrine of contributory negligence has exceptions for vulnerable road users such as bicyclists, motorcyclists, and pedestrians. In these cases, D.C. adopts a modified comparative negligence standard. Under this standard, an injured party can recover damages as long as their own fault does not exceed 50%.
§ 50–2204.52. Contributory negligence limitation.
(a) Unless the plaintiff’s negligence is a proximate cause of the plaintiff’s injury and greater than the aggregated total negligence of all the defendants that proximately caused the plaintiff’s injury, the negligence of the following shall not bar the plaintiff’s recovery in any civil action in which the plaintiff is one of the following:
(1) A pedestrian or vulnerable user of a public highway or sidewalk involved in a collision with a motor vehicle or another vulnerable user; or
(2) A vulnerable user of a public highway or sidewalk involved in a collision with a pedestrian.
This means that if a vulnerable road user is found to be more than 50% responsible for the accident, they are barred from recovering any damages.
If their fault is determined to be 50% or less, they can still recover damages, though they will be reduced by their percentage of fault.
For example, if a pedestrian is found to be 40% at fault for an accident, they can still receive compensation for their injuries, but it will be reduced by 40%.
Washington, D.C. Car Accident Claims Process
To receive compensation for a car accident, a victim must go through the car accident claims process. A car accident claim is how a victim is reimbursed for any monies paid out to recover from their injuries and for the pain and suffering they go through as they adapt to life after their car accident. There is a process to filing a successful car accident claim and preserving one’s legal rights.
The car accident claims process begins with the victim receiving appropriate medical care. Seeking medical care provides essential documentation of the effects of the car accident on the victim’s health and shows the victim was an active participant in their own recovery. Immediate medical care can also help a car accident victim avoid any long-term complications and unnecessary pain and suffering due to their injuries.
After getting medical treatment, a victim should contact an experienced car accident attorney. It is crucial not to provide any recorded statements or sign any documents from the opposing insurance company until speaking with an attorney. Doing so could hurt any chances of receiving compensation from the accident.
Next, the car accident claim must be filed. The claim must get filed within two years from the date of the car accident in Washington, D.C. Otherwise, a victim loses their ability to recover damages for their losses.
The settlement negotiation process starts upon the filing of the accident claim. These negotiations can extend beyond the two-year deadline so long as the car accident claim is on file.
Whether a victim’s claim is settled outside of court or at trial is up to the victim and their attorney. Most car accident claims settle outside of court. However, every case is different and may require additional processes to resolve.
Car accident claims can take time to settle or litigate. While a case is ongoing, victims need to continue with their medical treatment plans and any other recovery efforts. It is also helpful to keep a journal recording any impact of the car accident on one’s life and pain and suffering.
Often insurance companies will negotiate and settle car accident claims outside of court for a set amount of money. This is because of the expense and risk associated with a trial. Many victims prefer to avoid court for the time a trial can consume and risk of losing or receiving less than they would in a settlement.
A trial can take months or even years in court once all of the motions, evidence, witness testimony, and arguments from both sides are heard. The judge or jury then decides who was at fault for the car accident, how much any injuries are worth, and whether or not the victim’s claim was successful.
Contact an Experienced Washington, D.C. Car Accident Attorney Today
At Lightfoot Law, PLLC, your car accident claims process begins with the cost-free evaluation of your car accident claim. You will speak directly with one of our seasoned attorneys, who will answer your questions and ask you about your accident and resulting injuries.
Lightfoot Law, PLLC, understands how emotionally difficult it can be to recover from a car accident and has witnessed firsthand how injury victims and their families can benefit from the knowledge and skill of an experienced attorney. That is why we want to provide you with exceptional legal representation from the moment you step into our office and work tirelessly until we get you the results your case deserves.
Do not let a car accident derail your life. A good legal outcome can give you the resources you need to move on, and Lightfoot Law, PLLC, is here to help make sure that you get the legal help you need. We genuinely care about you and will not allow the insurance company to take advantage of your situation.
At Lightfoot Law, PLLC, we have the experience to fight back against any claim denials and to protect your rights. Having our car accident attorneys in your corner is the best first step to getting the compensation you deserve. Contact or call our office today at (202) 919-5453 to speak with one of our experienced car accident attorneys confidentially and risk-free.