Big news! We have heard from Councilmember McDuffie and Judiciary Committee staff that they plan to bring the Motor Vehicle Collision Recovery Act of 2015 (B21-0004) to markup, this Thursday.
The doctrine of contributory negligence is a legal dinosaur. This unfair legal standard is used to deny a bicyclist or pedestrian access to compensation for medical bills and property damage suffered when a negligent driver inflicts injuries on a less-negligent road user. This doctrine unfairly compounds legal vulnerability upon physical injury and limits bicyclists access to justice. When a bicyclist or pedestrian is involved in crash with a driver, he or she should be able to focus on recovering from injuries without worrying that medical and property damage claims will be denied due to an outdated legal doctrine.
The District of Columbia is a national outlier, as it is one of only five states that still use contributory negligence to allocate fault. The vast majority of states have updated their negligence standard to a fairer system.
WABA has been advocating for reform of this antiquated law since early 2014. The bill before the Judiciary Committee would change the law so that if a bicyclist or pedestrian is less than 50% at fault for the crash, he or she would not be automatically barred from recovery. Passing this law will give people a chance at having their expensive medical bills and damaged property covered.
The current version of the bill represents a good compromise between many powerful stakeholders and we hope it will pass out of committee without any changes that would jeopardize the widespread support it enjoyed when it was first introduced last January.