DC Injury Lawyer Blog
A turn at an intersection is one of the most common ways a driver hits someone on foot in Washington, D.C. The driver watches for a gap in oncoming traffic, rolls into the turn, and never looks for the person already stepping off the curb. You can be walking with the signal, inside the painted lines, doing everything right, and still end up on the pavement.
If that happened to you, the first question is usually who pays for the harm. In most turning crashes the driver carries the legal fault, and D.C. law gives pedestrians stronger protection than many people expect. Understanding why the driver was likely at fault, and what evidence backs that up, helps you protect a claim before an insurance company starts shifting blame onto you.
How D.C. Traffic Rules Assign the Duty to Yield at a Turn
D.C. traffic regulations place the duty to watch for people on foot squarely on the driver who is turning. When a driver has a green light and turns left or right across a crosswalk, the rules require that driver to yield to any pedestrian lawfully within the crosswalk. See 18 DCMR § 2103.3. A driver turning on a green arrow has the same duty. See 18 DCMR § 2103.4. Even a driver making a legal right turn on a steady red light must stop first and yield to anyone in the adjacent crosswalk. See 18 DCMR § 2103.7. A turning driver who hits a pedestrian with the right of way has almost always broken one of these rules, and that violation is strong evidence of negligence in your injury claim.
What Helps Prove the Driver Failed to Yield
Fault in a turning crash usually comes down to who had the right of way and whether the driver was paying attention, so the proof matters early. Walk signal timing can show that you entered the crosswalk lawfully, and many D.C. intersections record signal phases that an attorney can request. Traffic and security cameras near downtown corners, bus and rideshare dash cameras, and nearby business surveillance often capture the turn itself. Statements from other pedestrians or waiting drivers can describe whether the driver slowed, signaled, or looked before turning. The police crash report, your medical records, and photographs of the crosswalk, the vehicle’s resting position, and your injuries fill in the rest. Gathered together, these pieces tend to show that the driver turned into a crossing they were required to yield to.
How D.C.’s Limited Contributory Negligence Rule Protects Pedestrians
Insurance companies in this region lean hard on a defense called contributory negligence, but D.C. has narrowed that defense for people on foot. Under the old rule, a driver’s insurer could deny your claim entirely if you were even slightly at fault, such as glancing at your phone as you stepped off the curb. The Motor Vehicle Collision Recovery Act of 2016 changed that for pedestrians and other non-motorized users. See D.C. Code § 50-2204.52. Your own carelessness now bars recovery only if it was a proximate cause of your injury and greater than the combined fault of everyone else involved. As a result, you can still recover full damages as long as the turning driver bears more fault than you do. A 2020 amendment extended the same protection to vulnerable road users. See Vulnerable User Collision Recovery Amendment Act of 2020, D.C. Law 23-183. Knowing this rule keeps you from accepting a low offer built on a defense that no longer works the way an adjuster may suggest.
What an Attorney Can Do Before Evidence Disappears
The proof that helps a crosswalk case the most tends to vanish first, which is why getting legal help quickly matters. Camera footage from intersections and businesses is often recorded over within days or weeks, so an attorney can send preservation letters before it is gone. A lawyer can request the signal timing data, find witnesses while their memory is fresh, and document the scene before the city repaints lines or adjusts a signal. Your attorney can also deal with the insurance adjuster, who may press you for a recorded statement that later gets used to argue you share the blame. Acting early protects both the evidence and the value of your claim.
Contact The Schupak Law Firm After a D.C. Crosswalk Injury
If a turning driver hit you in a Washington, D.C. crosswalk, you do not have to sort through the insurance process alone. The Schupak Law Firm can review what happened, identify the evidence that may support your claim, and explain your next steps. The firm helps injured people across Washington, D.C., Maryland, and Virginia. To schedule a consultation, contact The Schupak Law Firm at 240-833-3914.