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Understanding Comparative Negligence In DC Car Accidents

December 15, 2025


 

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Car accidents often involve more than one person making a mistake. Sometimes both drivers share some level of fault. In many states, the law allows for shared responsibility, but Washington, DC does things differently. If we’ve been in a car crash in the District, it’s important to know how local rules apply—especially when it comes to how fault affects our right to recover damages.

DC Follows a Strict Rule for Fault

Unlike most states that follow comparative negligence rules, Washington, DC applies a rule known as contributory negligence. Under this rule, if we are found even one percent at fault for the accident, we may not be able to recover any compensation for injuries or property damage. It doesn’t matter how minor our role in the crash might have been—any shared fault can prevent a successful claim.

This strict approach surprises many people. In other states, we might still receive partial compensation if we were partly responsible. In DC, that’s not the case. This is why having strong legal guidance early in the process is important, especially when insurance companies are quick to argue that we contributed in some way to the collision.

Proving Fault Can Be Challenging

In order to recover compensation after a crash, we must show that the other driver was entirely at fault. That often involves gathering witness statements, dashcam footage, accident reports, and other supporting evidence. We also need to be cautious about what we say at the scene or in follow-up conversations. Even casual remarks can be used to argue that we played a role in causing the crash.

At Cohen & Cohen, we’ve worked with many clients who faced pushback from insurance companies claiming they were partially at fault. Wayne R. Cohen, Esq., the firm’s founder, has spent his legal career focused on protecting the rights of the injured. He is nationally recognized and has been featured by The Wall Street Journal, Washingtonian Magazine, and major news networks like ABC, NBC, and FOX 5. Known for his aggressive and strategic approach, Mr. Cohen has secured millions in verdicts and settlements for clients throughout the DC region.

His experience has been shaped by more than just courtroom victories. As a long-time lecturer at The George Washington University Law School and former president of the Trial Lawyers Association of Metropolitan Washington D.C., Mr. Cohen has taught others how to approach these difficult legal situations. When contributory negligence is raised as a defense, it’s critical to have a team that knows how to push back with clear, detailed evidence.

Cases Involving Pedestrians and Cyclists

This strict rule applies to everyone on the road—not just drivers. Pedestrians and cyclists who are injured in accidents also face the challenge of proving they were not at fault. If a pedestrian crosses outside a crosswalk or a cyclist ignores a traffic signal, even if they are seriously injured, they could lose the right to recover damages. That’s why understanding how DC law applies is essential in these cases.

Legal Help Can Make a Difference

Because DC’s contributory negligence standard can block valid claims, it’s important not to assume we’re out of options just because someone says we were partly at fault. A thorough investigation may reveal that the other party was fully responsible, even if initial reports suggest otherwise.

If you’ve been involved in a crash in the District and fault is being questioned, speak with a legal team that knows the system. At Cohen & Cohen, we are here to review your situation, answer your questions, and help you take the next step. Reach out today to speak with our trusted Washington DC car accident lawyer who will fight to protect your rights.

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Hear From Our Clients

“Cohen & Cohen did a great job at recovering a good amount of money for me after my accident. Siri was super informative & responsive. Overall I had a great experience using this firm & they will be my first call if I am ever in an accident again.”

– Charles M.

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“I had a very positive experience with Cohen & Cohen and I highly recommend them to anyone who needs their services.”

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“I would highly recommend Cohen & Cohen. They were awesome on my case. Cohen & Cohen had my best interest at heart at all times.”

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“My experience at Cohen & Cohen has been great from the beginning until the very end when my case was closed…I would definitely recommend them to family, friends or anyone that has a case with a personal injury accident.”

– Maria M.

Reviews

From Our Valued Clients

Cohen & Cohen has an impeccable client satisfaction rating with hundreds of 5-star reviews. We are among the best-rated firms in D.C., Virginia, and Maryland.

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M Strolle
15 days ago
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Kim Brooks-Rodney settled my mother's case expeditiously, with great patience and sensitivity and won us a magnificent settlement. I can't imagine that a better personal injury lawyer exists. I highly recommend her and her firm, Cohen & Cohen. They are undoubtedly the best of the best.
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Tanea washington
22 days ago
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This law firm was great and Nicole did a wonderful job on my case. Keeping me updated along the way with any changes or information really kept me at ease. I would recommend them over and over again!
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Gabriel anteneh
35 days ago
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Glorious glorious , Nicole and her firm are the best . Treated me with kindness.
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David junior COLY
42 days ago
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Nicole was great in assisting with my case. Thank you so much
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Kenneth Distance
55 days ago
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Ms. Skibicki handled my uninsured motorist claim exceptionally well. She understood the importance of balancing justice and compensation from those involved in the dispute. She fought for a fair settlement and genuinely listened to my concerns and complaints about the process, showing empathy throughout. She thoughtfully explained the pros and cons of pursuing further litigation if I was not satisfied with the offer, and she gave me ample time to make a decision that felt right for my situation. I never felt pressured to accept an offer that didn’t meet my needs. If I need legal assistance again, I would choose Cohen and Cohen and specifically request Ms. Skibicki as my attorney.
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Siayre Nichols
58 days ago
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I had Ms. Nicole handle my case and she was amazing! One of my biggest worries was having a lawyer who wouldn’t take my case seriously, but Ms. Nicole was went to bat for me and did an excellent job. I really appreciate you, Ms. Nicole!
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maraki solomon
71 days ago
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I had an excellent experience with Cohen & Cohen from start to finish. My lawyer was professional, responsive, and genuinely cared about my case. They explained everything clearly, kept me informed throughout the process, and made what could have been a stressful experience much easier to navigate. I truly appreciate all of their hard work, dedication, and support. I highly recommend Cohen & Cohen to anyone in need of a personal injury lawyer
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Christopher Ruiz
78 days ago
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Fantastic firm. The attorneys resolved my case with clear communication and genuine determination to see that I would be left in the best position possible. Special kudos to Nicole Skibicki for pushing through the finish line.
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Meredith Stasa
79 days ago
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I retained Cohen & Cohen after I was struck by a car and fractured my spine. Adam was kind, knowledgeable and truly an advocate throughout the entire settlement process. He was incredibly responsive to my calls, emails and texts, and always took the time to explain how parts of the admittedly complex process worked with insurance, etc. Adam was able to secure a settlement of the offender's maximum policy limit, and the process was completed within a year. 10/10 recommend!
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Nini Da Silva
84 days ago
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I rarely write reviews, but this experience was truly worth sharing. Cohen & Cohen exceeded my expectations throughout my case. Nicole Skibicki, Esq. was an outstanding attorney who demonstrated professionalism, compassion, and genuine care from start to finish. She took the time to listen whenever I needed to vent about my situation, and her empathy made a difficult process much more manageable. Nicole was a strong advocate on my behalf and worked diligently to ensure that I received a fair settlement from the insurance company. I always felt informed, supported, and confident that my case was in capable hands. I highly recommend Cohen & Cohen to anyone seeking a personal injury or accident attorney. If you want experienced legal representation, exceptional client service, and a team that truly cares about achieving the best possible outcome for you, this is the firm to choose. Thank you, Nicole and the entire Cohen & Cohen team, for your dedication and outstanding work!

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