What’s Next for the Contributory Negligence Bill?

Yesterday, the Judiciary Committee voted 3-0 to move the Motor Vehicle Collision Recovery Act out of committee and recommended it for consideration by the full D.C. Council.

The version of the bill that came to markup had two minor but substantive changes from the one that was introduced last January. First, it now includes a definition of “non-motorized user” to mean “an individual using a skateboard, non-motorized scooter, Segway, tricycle, and other similar non-powered transportation devices.” These vulnerable road users are now explicitly  covered by the bill, in addition to bicyclists and pedestrians.

Secondly, the bill expressly retains the last clear chance doctrine, something that is already available under the law in the District. Reserving it will likely result in greater protection for bicyclists, because in circumstances where the bicyclist is contributorily negligent, for example, where the bicyclist’s negligence exceeds 50% of the harm, the bicyclist still has the last clear chance doctrine at his or her disposal, which would allow the bicyclist to recover— even if the bicyclist was contributorily negligent— when the motorist had the last clear chance to avoid the collision. In our view, it cuts in favor of bicyclists. We support both changes to the bill.

What’s Next?

We’re not done yet! The bill will now be considered by the full DC Council when it meets as the Committee of the Whole sometime before summer recess. It needs seven votes to pass the Council, and the Mayor’s signature to become law. The bill’s sponsors are Councilmembers Cheh, Grosso, Evans, Bonds, and Allen; Councilmember Alexander is a co-sponsor.

We are closer than we’ve ever been to fixing this obvious problem in the law—something we’ve been told couldn’t be done. Our opponents didn’t think could be done, and they’re still working to keep the legislation from becoming law.  Between now and the final vote, we’ll need to do everything we can to make sure we have sufficient support on the full Council. Keep your eyes out for action alerts about opportunities for further public comment and testimony as they arise. We’ll need everyone’s involvement to get this across the finish line.