Why are some drivers able to be sued after an accident in Washington DC?

Washington, DC – There were local news reports about a highway car accident in the Washington DC area [1].

Collision reported on I-295

A crash involving three vehicles occurred early Wednesday morning, September 18, 2024, on Interstate 295 in Washington, D.C. The accident took place just before 6 a.m. on the southbound lanes of I-295 near Kenilworth Avenue, prompting authorities to close the section of the highway at East Capitol Street [1]. By 6:30 a.m., the lanes were reopened, restoring traffic flow. It is not yet clear if there were any injuries from the incident, and the cause of the crash is currently under investigation. Local news outlet 7News provided images from the scene, but further details remain limited at this time.

When is a driver considered negligent after a motor vehicle accident in Washington DC?

In Washington, D.C., determining negligence after a motor vehicle accident depends on whether the driver’s actions meet the legal definition of negligence. A driver is considered negligent if they fail to act with reasonable care, resulting in harm or injury to others. To establish negligence, four elements must be proven: duty, breach of duty, causation, and damages.

Duty of Care

All drivers in Washington, D.C., are required to exercise reasonable care to avoid causing harm to others. This includes obeying traffic laws, driving at a safe speed, and maintaining control of the vehicle. The duty of care also extends to being alert and adjusting driving behavior according to road conditions, weather, and other environmental factors.

Breach of Duty

A breach occurs when a driver fails to meet their duty of care, either by acting recklessly or neglecting basic safety measures. Common examples include running red lights, speeding, distracted driving (such as texting while driving), or driving under the influence of alcohol or drugs. If a driver violates traffic laws or regulations, this is often used as evidence that they breached their duty of care.

Causation

Causation is a critical element in proving negligence. The injured party must show that the driver’s breach of duty directly caused the accident and the resulting harm. This is known as “but-for” causation, meaning the accident would not have occurred but for the driver’s negligent actions. Additionally, the plaintiff must demonstrate proximate cause, showing that the driver’s actions were closely connected to the injury, and the harm was foreseeable.

Damages

Finally, to establish negligence, the injured party must prove that they suffered actual damages due to the driver’s actions. Damages can include physical injuries, property damage, medical bills, lost wages, and pain and suffering. Without demonstrable damages, a negligence claim may fail, even if the driver was at fault.

Contributory Negligence in D.C.

Washington, D.C., follows a strict “contributory negligence” rule. Under this doctrine, if the injured party is found to be even slightly at fault for the accident (as little as 1%), they are barred from recovering any compensation. This is one of the harshest standards in the country and makes proving negligence in D.C. especially crucial for the plaintiff.

Conclusion

A driver in Washington, D.C., is considered negligent if they fail to exercise reasonable care and cause an accident that results in harm. However, due to D.C.’s contributory negligence rule, even minor fault on the part of the injured party can prevent recovery, making legal representation and clear evidence of fault essential in accident cases.

Local accident attorneys are available

Malloy Law Offices is a firm that handles car accident cases, workers compensation, slip and fall, and various other injury and accident lawsuits. They can work with clients in Maryland, Virginia, and Washington DC.

USAttorneys.com is a legal referral service that can be reached at 800-672-3103

Firm contact info:

Malloy Law Offices, LLC

7910 Woodmont Ave #1250, Bethesda, MD 20814

(202) 931-5378

https://www.malloy-law.com/

Sources:

https://wjla.com/news/local/dc-crash-kenilworth-ave-vehicles-southbound-i295-east-capitol-street-shut-down-traffic-closure-road-closed-open-accident-investigation-case-damage-injuries-police-washington-dmv-rain-conditions