We hear this question when people ask whether they have a case if they were hit by a car but they were not in a crosswalk. The answer is yes; it is illegal to jaywalk in DC. D.C. Code Mun. Regs. tit. 18 § 2304.1 says a pedestrian can’t cross the street “between adjacent intersections controlled by traffic control signal.” So while it’s illegal, there is a LOT of grey area here, and being hit while jaywalking does not mean you don’t have a case.
Drivers have a duty to watch for pedestrians, and not all intersections have traffic control signals. And besides that, the pedestrian outside a crosswalk has to be the proximate cause of the crash. And THAT is a legal question for a lawyer. A Washington, D.C., pedestrian accident lawyer from Kitchel Injury Law will look at what happened, explain how D.C. law applies, and tell you what the evidence may support.
If I Was Jaywalking, Do I Still Have a Case?
The answer is sometimes yes; you still have a case. We have been successful in jaywalking cases where there is evidence of negligence by the driver. For example, in one case in Foggy Bottom, our client parked mid-block and was crossing the narrow street. A car came flying down the road, and she couldn’t get out of the way in time.
The fact that she was in the road did not excuse the driver from failing to look and see a person who was plainly there to be seen in broad daylight.
In another, the driver claimed our client had a “do not walk” sign, and the police confirmed it. Allyson went to the scene of the crash and took video recordings of the light cycle to prove that even if our client had a “do not walk” light, the driver never had a green arrow for a protected turn, which means they had to yield to pedestrians, regardless of the crosswalk sign.
What Jaywalking Means in Washington, D.C.
“Jaywalking” is a common term, but it does not always describe one specific action. The word can refer to crossing a street outside a crosswalk or against a traffic signal. Washington, D.C.’s pedestrian laws address several different situations, including when pedestrians must obey traffic-control signals and how they should cross a roadway when a crosswalk is available.
Where you crossed matters, but it is only part of the picture. We also look at whether signals were present, which direction everyone was traveling, what the driver could see, and whether the driver had enough time to stop.
The question is not simply whether someone was jaywalking. The real question is what everyone involved was doing in the moments before the collision. We have handled enough pedestrian cases to know that the answer is rarely as straightforward as the insurance company wants it to be.
Crossing the Street Outside of a Crosswalk
DC law acknowledges what is called an “unmarked crosswalk” or an “implied crosswalk.” DC code requires a driver to stop at any intersection of roads. DC Code 50-2201.28. Crossing outside of a marked crosswalk can create additional risks, especially on busy streets with multiple lanes of traffic. Drivers may not expect a pedestrian to enter the roadway at that location, and parked vehicles or other obstacles may limit visibility.
However, the legal consequences of crossing outside a crosswalk depend on the specific circumstances. Factors that may matter include:
- Whether you were near an intersection
- Whether a marked crosswalk was available
- Whether traffic-control signals were present
- Whether you entered the roadway suddenly
- The speed and direction of approaching vehicles
- Whether the driver had a reasonable opportunity to avoid the collision
- Visibility, lighting, and weather conditions
Crossing outside a crosswalk does not give drivers permission to stop paying attention. Drivers still have a duty to use reasonable care, watch for people in the roadway, and react when they have a reasonable opportunity to avoid a collision.
A driver who was speeding, distracted, impaired, or simply failed to keep a proper lookout may still be responsible for causing the collision.
Pedestrians Must Also Follow Traffic Signals
Pedestrians generally cannot ignore traffic-control signals simply because they have the right of way at other times. At intersections with pedestrian signals, people walking should follow the signal rules. Entering the roadway against a “Don’t Walk” signal or crossing against a traffic light may increase the risk of a collision and may become an issue when determining fault.
A signal violation is one fact, not the whole case. We look at whether the driver was paying attention, how fast the vehicle was moving, whether the pedestrian was visible, and whether the driver had time to avoid the crash. Those are the details the insurance company may leave out when it starts assigning blame.
These cases turn on details that are easy to miss if the investigation starts too late. We look for surveillance footage, witness statements, vehicle data, phone records, sight-line problems, and other evidence that can show what actually happened.
What Happens if You Are Hit While Jaywalking?
One of the first questions injured pedestrians ask us is whether crossing outside a crosswalk means they cannot bring a claim. It does not. The answer depends on the evidence and on what both the pedestrian and the driver did before the crash.
One thing that really helps us help our clients is the new contributory negligence law in DC that applies to pedestrians – it says that as long as the pedestrian (also called a vulnerable user) was not more than 50% responsible for the crash, they can still recover in a personal injury case. You can learn more about contributory negligence rules here.
The insurance company starts looking for ways to blame the pedestrian almost immediately. Adjusters will focus on where you crossed, when you entered the roadway, and anything else they can use to argue that you caused the crash. We have seen those arguments before.
For example, the driver may have been:
- Speeding
- Texting or otherwise distracted
- Driving while impaired
- Failing to obey a traffic signal
- Failing to keep a proper lookout
- Making an unsafe turn
- Failing to yield when required
- Driving too fast for traffic or weather conditions
The driver may have had enough time to see the pedestrian and avoid the collision. At the same time, the insurance company will look for anything it can use to argue that the pedestrian caused the crash. That is why we examine the scene, vehicle data, surveillance footage, witness accounts, phone records, and every other available piece of evidence before drawing conclusions about fault.
How Fault Can Affect a Pedestrian Accident Claim in D.C.
For pedestrian and bicycle accidents involving motor vehicles, D.C. law provides important protections that may allow an injured pedestrian or bicyclist to recover compensatory damages even if they were partially responsible, as long as their negligence was not greater than the negligence of the person against whom recovery is sought.
Being outside a crosswalk or violating a pedestrian rule does not necessarily end your claim. The evidence may still show that the driver was primarily responsible. Because fault can determine whether you recover, be cautious about discussing the crash with an insurance adjuster before you understand your rights.
Be careful about giving a recorded statement before you understand how the law applies. An adjuster may sound like they are simply gathering facts while asking questions designed to place the blame on you. We have seen that approach before, and we know what evidence to look for before the insurance company settles on its version of the crash.
Speak With a Washington, D.C. Pedestrian Accident Lawyer About Your Legal Options
Crossing outside a crosswalk does not excuse a driver who was speeding, distracted, impaired, or otherwise careless. Whether drivers are always at fault in car-pedestrian crashes depends on what happened in the moments before impact: where each person was, what they could see, how fast the vehicle was moving, and whether the driver had time to react. Those details often matter more than the label “jaywalking.”
If you were hit while crossing outside a crosswalk, don’t assume you know the answer just because you weren’t in a crosswalk. That’s exactly what the consultation is for. We’ll look at what the driver was doing, what the physical evidence shows, and how D.C. law applies.
We’ll also explain who pays for medical bills after a car accident and how available coverage may affect your recovery. Every client works directly with their attorney from the beginning, and there are no fees unless we win.