Washington DC Personal Injury Lawyers
LEAVING AFTER COLLIDING AND WRONGFUL DEATH IN WASHINGTON,
D.C.
Law enforcement officers are investigating a 6-year-old child's
death after he was struck by a car several weeks ago. He was
struck by a car on his birthday as he attempted to cross the
street in the 5300 block of Livingston Road, SE in D.C. at about
8:30 p.m. Friends and family at the birthday party called an
ambulance right away. The victim was taken to a nearby hospital,
but was pronounced dead after resuscitation attempts failed.
LEAVING AFTER COLLIDING IN WASHINGTON, D.C.
The driver initially fled the scene of the accident. This
potentially criminal action is commonly called a hit-and-run
accident. The driver didn't automatically report the accident
and he didn't wait for D.C. police to arrive at the scene.
Washington, D. C. law refers to the event as a "leaving after
colliding" event. When this type of accident occurs, the driver
must 1) stop to ensure that emergency assistance is called, as
needed, and 2) identify himself or herself to law enforcement
officers, as well as the injured person.
• In this example, if the driver is a first-time violator, he
faces a maximum 180 days in jail, plus a maximum $1,000 fine.
• If he was involved in a leaving while colliding accident
before, he's subject to a maximum 12-month jail term plus
$2,500 fine.
CONSIDERATIONS IN THE EXAMPLE
In this example, the driver didn't stop to contact emergency
assistance, didn't identify himself to witnesses, and didn't
wait for officers to arrive at the scene. Fortunately,
witnesses of the accident were able to describe the vehicle to
police. Several hours after the accident, the driver contacted
police and admitted to the hit and run accident that killed the
child. He later turned himself in to police in Prince George's
County.
WRONGFUL DEATH IN WASHINGTON, D.C.
District of Columbia Code Section 16-2701 says wrongful death
is an injury that leads to the death of an individual, caused
by wrongful act, neglect, or default of another party. In D.C.,
the definition of wrongful death says that the action that
caused death would have been the possible basis for a personal
injury claim if the injured party had lived. Next of kin, such
as parents in this example, may file a wrongful death claim
against the negligent driver and his insurer. If the plaintiff
is awarded damages, the insurer distributes them to the
parent(s) or next of kin in a proportionate manner according to
the loss suffered.
If you or someone you love has suffered serious bodily injury
or wrongful death as a result of a negligent driver in
Washington, D.C., contact an experienced, compassionate
personal injury law firm now. Contact The Abelson Law Firm to
discuss your case now.