Uninsured motorist hit me while walking in crosswalk...

by Frederick
(Washington, DC)

I was struck by a vehicle in a crosswalk, where there was a stop and yield sign combination in the crosswalk lane divide. The driver's insurance had expired. The driver's description of the accident were inconsistent with my injuries.

The on-site report has the driver stating I came from his right off the sidewalk and continued to walk into his vehicle head-on (depicted with arrows via google maps). However, all injuries are on my right side, not front or left side which completely contradicts his statement and depiction of events.

I was transferred to the hospital with broken bones and contusions. On the medical record it states my alcohol level was extremely high, but the police officer's reports states I was normal and the attending physicians state I was coherent/responsive.

Also, a witness in an oncoming vehicle claims I was not in the crosswalk but did not see when I was hit. The driver only states he did not see me, even though the report says the crosswalk had lighting.

Is the fact that my blood alcohol level was high when they drew blood vs at the time of accident matter? Do I still have a case? How can I get the driver's version of events disproven? Thank you.

Visitor Question:
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ANSWER for "Uninsured motorist hit me while walking in crosswalk...":

Frederick (Washington, DC):

Your level of intoxication is certainly relevant. In Washington D.C. a person with a blood alcohol concentration (BAC) of .08% and higher is considered legally intoxicated. If your BAC was .08% or higher at the time of the accident, you would have been considered legally intoxicated.

Washington D.C. follows the Pure Contributory Negligence Rule. Under this rule, if a victim in a car accident is determined to be even 1% negligent, or that his or her contribution to the accident was 1% or higher, the victim is entirely barred from receiving compensation from the at-fault driver, even if the driver was 99% at-fault.

From the facts you present, we will presume your BAC was .08% or higher. As a result, you would likely be found to have contributed to your injuries to some extent, and therefore barred from collecting any compensation.

If you were determined not to have contributed to the accident, which is unlikely, the driver was uninsured. As a result, even if you wanted to pursue the driver for compensation for your injuries and related costs, unless the driver had additional assets you could attach after a court judgement, any action you might take against him would likely be futile.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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