Washington, D.C. · Serving the District
Personal Injury Help in Washington, D.C.
The District still follows contributory negligence, with important exceptions for people walking, biking and riding. Knowing which rule applies is the first step.
(01) — Overview
Injury claims in D.C. can turn on details that are easy to overlook: whether you were on foot or on a bike, whether you carry PIP coverage, and whether a District agency was involved.
Onx Law’s founder, Monica Washington Rothbaum, is admitted to practice in the District of Columbia. We’ll learn what happened, explain how D.C. law may apply, and determine the right strategy, legal team, and resources for your case — whether that means handling it at Onx or involving trusted counsel.
Communities we serve
- Northwest
- Northeast
- Southeast
- Southwest
- Capitol Hill
- Downtown
- Georgetown
- Navy Yard
- Columbia Heights
- Anacostia
(02) — The rules
How injury claims work in Washington, D.C.
General information, not legal advice. Laws change, and exceptions apply to many of these rules.
- Filing deadline
3 years
Most personal injury lawsuits must be filed within 3 years. Some claims, such as assault or battery, must be filed within 1 year.
Source: D.C. Code § 12-301- Wrongful death
2 years
A wrongful death lawsuit generally must be filed by the personal representative of the estate within 2 years of the death.
Source: D.C. Code § 16-2702- Fault rule
Contributory negligence
In most cases, if you’re found even slightly at fault for your own injury, you may be barred from recovering anything. Limited exceptions, such as the “last clear chance” doctrine, can apply.
Source: Fisher v. Latney (D.C. 2016)- Pedestrians & cyclists
Barred only if over 50%
Pedestrians and other “vulnerable users” — including cyclists and people on scooters, e-bikes, skateboards or motorcycles — can still recover after a collision with a vehicle unless their own negligence is greater than that of all the defendants combined.
Source: D.C. Code § 50-2204.52- Car insurance
Choice no-fault
D.C. insurers must offer optional personal injury protection (PIP). If you have it, you generally must choose within 60 days between PIP benefits, which restrict a later lawsuit unless you meet a legal threshold, and a claim against the at-fault driver.
Source: D.C. Code § 31-2405- Claims against the District
6-month notice
Before suing the District of Columbia, you generally must give the Mayor written notice of the time, place, cause and circumstances of the injury within 6 months. A police report may sometimes count as notice.
Source: D.C. Code § 12-309
(03) — Local rules
How local rules can shape your case.
- Pedestrian AccidentsA pedestrian hit by a vehicle isn’t barred by contributory negligence unless their own negligence is greater than that of everyone they sue combined.
- Bicycle AccidentsThe same protection generally covers cyclists and people on scooters, e-bikes and skateboards who are involved in a collision with a vehicle.
- Motorcycle AccidentsSince 2021, D.C.’s “vulnerable user” protection also lists motorcycles, so a small share of fault may not defeat a rider’s claim after a crash with a car.
- Car & Rideshare AccidentsIf you carry PIP, watch the 60-day election window. The choice between PIP benefits and a liability claim can affect whether you can sue later.
- Slip & FallFor a fall on a District-owned sidewalk or property, written notice to the Mayor is generally due within 6 months — and contributory negligence still applies to falls.
(04) — Practice areas
Help with every kind of injury claim.
- 01Car AccidentsRear-End Collisions · Intersection Accidents · Uninsured Drivers · Distracted Driving · Impaired Driving
- 02Truck Accidents18-Wheeler Crashes · Delivery Trucks · Driver Fatigue · Unsafe Loads · Poor Maintenance
- 03Motorcycle AccidentsLeft-Turn Crashes · Unsafe Lane Changes · Road Hazards · Rear-End Collisions · Uninsured Drivers
- 04Pedestrian AccidentsCrosswalk Accidents · Parking Lot Accidents · Hit-and-Run · Backing Accidents · Uninsured Drivers
- 05Bicycle AccidentsDooring · Right Hooks · Unsafe Passing · Road Defects · Hit-and-Run
- 06Slip & FallSlippery Floors · Uneven Sidewalks · Broken Pavement · Potholes in Surfaces · Loose Rugs or Carpeting
- 07Premises LiabilitySwimming Pools · Falling Objects · Elevators & Escalators · Fires · Toxic Exposure
- 08Negligent SecurityAssaults & Robberies · Broken Locks & Gates · Poor Lighting · No Guards or Cameras · Ignored Prior Incidents
- 09Dog BitesDog Bites · Animal Attacks · Negligent Handling · Owner Liability
- 10Wrongful DeathCar Accidents · Pedestrian Accidents · Poor Property Conditions · Animal-Related Incidents · Defective Products
(05) — Questions
Frequently asked questions.
General information only, not legal advice. Every situation is different, so the best answer starts with a conversation.
Ask us directlyIt applies to most negligence cases, which means a person found even slightly at fault may recover nothing. But pedestrians, cyclists and other vulnerable road users hit by a vehicle have a statutory exception, and doctrines like “last clear chance” can matter.
Often, yes. Under D.C.’s Motor Vehicle Collision Recovery Act, a pedestrian’s or cyclist’s own negligence doesn’t bar recovery unless it is greater than the combined negligence of the defendants. The details of the collision still matter.
If you have personal injury protection, you generally must decide within 60 days of the crash whether to take PIP benefits. Choosing PIP limits your right to sue unless you meet a legal threshold, such as a substantial permanent injury or medical bills and lost wages beyond your PIP benefits. If you don’t choose in time, the liability-claim route applies.
Claims against the District generally require written notice to the Mayor within 6 months of the injury. Missing this notice can end a claim, so it’s important to act quickly.
Generally 2 years from the death. The case is brought by the personal representative of the estate, so opening an estate may be one of the first steps.
Onx Law’s founder, Monica Washington Rothbaum, is admitted to practice in the District of Columbia. Onx Law may represent you directly; depending on what your case needs, we may also work with co-counsel or involve trusted counsel.
Other areas we serve
(06) — Next step
You focus on recovery. We’ll help with the rest.
D.C. combines strict fault rules and short notice deadlines with key exceptions. Getting guidance early helps you understand which rules apply to you.