The Insurance Lobby is trying to block a Contributory Negligence fix.

On Thursday, AAA Mid-Atlantic sent a disingenuous email to its DC members with some exaggerated claims about the effects of the Motor Vehicle Collision Recovery Act of 2015. The bill, which fixes a glaring injustice in our legal system, goes up for a D.C. Council vote on Tuesday.

If you haven’t yet, please send a note to your Councilmembers asking them to support the bill. You can also join us on the steps of the Wilson Building on Tuesday morning to show support for the bill.

Contact your Councilmembers

On Friday afternoon, WABA circulated a memo debunking the insurance lobby’s claims to Councilmembers and their staff . Here is a summary of the memo:

Property Casualty Insurers of America (“PCI”), a national trade association representing auto insurers in D.C., has circulated a misleading “analysis” of bicycle and pedestrian crash data to suggest that if the Motor Vehicle Collision Recovery Act of 2015 (B21-4) passes, auto insurance rates will jump 24%. A careful evaluation of the analysis shows that it is based upon flawed assumptions and grossly inflated cost data.

The primary flaw in the analysis was the use of an outdated (2004) study to determine the total lifetime costs of traffic crash injuries to bicyclists and pedestrians to society, not actual insurance claims. Using this much larger and inflated estimate, the PCI analysis exaggerates the impact. More importantly, no evidence was presented to suggest a causal relationship exists between the legislation and insurance rates, and if that was the case, what the actual rise in rates could be, if any.

The PCI analysis assumes 100% of crashes will involve DC-insured drivers. According to the 2014 DDOT Traffic Safety Statistics Report, only 37% of total traffic crashes involve a DC driver. Maryland and Virginia drivers alone account for 46.9% of all crashes in the District. The costs of crashes associated with bicyclists and pedestrians would be spread much further into the regional insurance pool, not solely in the District’s.

Finally, for some context, bicycle and pedestrian traffic injuries account for only 15% of total traffic injuries in D.C. according the Metropolitan Washington Council of Governments. The need for fair compensation for injured bicyclists and pedestrians is great and insurers of negligent drivers should be responsible for harm caused. But, to claim that compensation of an additional 15% of total injuries would cause such significant increase to auto insurance rates is not credible.

In cases where a bicyclist or pedestrian is the less negligent party, the victim should be entitled to fair compensation and not 100% barred from recovery, as is the law in 46 other states.

Contact your Councilmembers

Multi-modal Memorial Bridge?

In the spring of 2013 the National Park Service initiated the public process to rehabilitate the Arlington Memorial Bridge.  The partial closure and rehabilitation of the bridge represents a huge opportunity to rethink how the bridge operates in the context of the city’s transportation network.  Unfortunately, instead of seizing this opportunity, the Park Service defined the scope of the project extremely narrowly— focusing on arcane questions about upgrades to the “bascule spans” (the parts of the bridge that make it work as a drawbridge).

Does anyone actually care about what structure engineering methods NPS uses to rehabilitate bascule spans? Probably not. What we do care about is the fact that millions of visitors and commuters cross Arlington Memorial Bridge annually by foot, bike, and car. As bicycle and pedestrian travel rapidly increases region-wide, it’s time to rethink how all transportation modes on the bridge are accommodated.

The bridge is 90 feet wide with six car travel lanes and two 15-foot sidewalks. The speed limit for vehicles on the bridge is 30 miles per hour, with drivers often dangerously exceeding the legal limit. During busy tourist seasons, the sidewalks are full of visitors walking between the National Mall and Arlington National Cemetery. Sidewalk congestion is complicated by bicyclists and pedestrians sharing limited space.  

The opportunity:

During construction, the bridge will be partially closed. Two years ago, after an initial study on regional traffic patterns, traffic engineers determined that a closure of one of the three lanes in each direction would only minimally impact traffic on other bridges that cross the Potomac River.  This has been borne out by experience: since late last fall, the Memorial bridge has been operating with a total of four travel lanes, without any resulting traffic armageddon.

The third vehicle lane in both directions should be permanently repurposed as a single protected travel lane for bicycle traffic. This would provide dedicated space for pedestrians on the sidewalk, and a safe, unobstructed passage across the bridge for bicyclists.  

The bridge rehabilitation is a chance for NPS to be forward-thinking about design. The National Mall is planning to build a visitor center at the Vietnam War Memorial, which will likely increase travel between the Vietnam War Memorial and Arlington National Cemetery, as it is a short walk or ride between the two, and serviced on both sides of the bridge by Capital Bikeshare stations. There are also plans to redesign the Lincoln Circle (aka: the bike/ped no-man’s land between the Lincoln Memorial and the Memorial bridge on the D.C. side).

The viewshed in both directions along the bridge is highly valued and should be honored. Through this process, the Park Service could and should be considering designs for dedicated space for bicyclists that fits the aesthetic of the bridge, like low decorative planters or concrete curbs.

WABA and supporters raised these issues nearly three years ago.

Unfortunately, the Park Service has not listened, and continues to move forward with an Environmental Assessment structured to protect the status quo. There is another comment period closing on Monday, May 16th. Take a moment to submit comments telling NPS you want this project to address not just the bridge’s structure, but how the bridge functions in city life, by creating dedicated protected bike lanes and safe connections for walking and biking to and from the bridge.

Submit comments on the project site website using this link.

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.

UPDATE: Big legislative success this afternoon

BTWD 2015 -Colin_0133 (1) (1)
We just got back from the Wilson Building and we’ll have a more thorough update soon, but I wanted to make sure you knew that the Motor Vehicle Collision Recovery Act to address contributory negligence passed a markup hearing in the Judiciary Committee just a few hours ago. This is great news.

You probably have the background, just in case, here’s a summary of how contributory negligence hurts you as a bicyclist and pedestrian in the District of Columbia.

We’ve been working on this for years, and it’s thrilling to be so close to fixing this terrible legal doctrine. Thanks to everyone who called, wrote, petitioned, testified, and championed this work. Thanks for standing up for vulnerable road users across the District.

But we obviously can’t celebrate just yet. The bill still has to go before the full D.C. Council. Considering the powerful forces protecting the status quo, we’ve pushed much further than anyone would have expected. This is long overdue, we think we can win, but we need your help.

Please donate today to help us see this through to the end.

Our advocacy work takes time, and that doesn’t happen without support from folks like you. WABA is 501(c)3 non-profit organization and all donations are tax-deductible. Please support this campaign with a donation of $25 or more today.

Our work on contributory negligence won’t stop until we’re rid of this dinosaur of a legal doctrine. Contribute today, so we can celebrate its extinction with you.

The Contributory Negligence Bill is Moving!


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.

Contact your Councilmember 

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.

Click here to tell your Councilmember that you support passage of this bill without amendment, to give bicyclists a fair chance at justice after a crash.

No safe accommodations on L Street for more than two years.

Side walk closed L St

Two projects that WABA worked for years to bring to fruition, the L St Protected Bike Lane and passage of the Safe Accommodations law and accompanying regulations, have been undermined by a permit issued by DDOT for the old Washington Post building site construction.

Several weeks ago, WABA sent a formal letter to DDOT outlining our concerns over the traffic control permit issued to Carr Properties for the project, noting that DDOT, under its own regulations, is required to provide accommodations to bicyclists and pedestrians that are equal to the level of protection that is being disrupted by the construction. The permit issued for this project completely eliminates the protected bike lane and the sidewalk on the north side of the street, while leaving two vehicle lanes open. For more than two years, the publicly accessible portions of L Street will consist of a 13 foot motor vehicle lane (with “sharrows”—the stenciled paint indicating the lane is to be shared with bicyclists), an 11 foot motor vehicle lane (no longer used for automobile parking), and the southern sidewalk.

Here’s why it matters.

As we explain in our letter, the L Street protected bike lane is a key part of the city’s transportation infrastructure. Because of the physical separation from traffic, a protected bike lane attracts people who would not necessarily be willing to ride on a street with no infrastructure.  Following completion of the protected bike lane in 2013, bike ridership on L Street exploded, increasing 65 percent within the protected bike lane’s first year of installation. The 1500 block section of the L St protected bike lane is a particularly important piece of the network because it intersects with the 15th Street north-south protected bike lane, which is itself connected to the westbound M Street protected bike lane. Without a safe L Street protected bike lane, the utility of the M Street protected bike lane is also diminished.

The City Council anticipated the problems that would ensue if the city’s bike lanes were made unsafe because of construction like this project. After repeated bike lane and sidewalk closures, the Council unanimously passed the Bicycle Safety Amendment Act in 2013. The Act provides, among other things, that “The Mayor shall require permittees blocking a sidewalk, bicycle lane, or other pedestrian or bicycle path to provide a safe accommodation for pedestrians and bicyclists.” DDOT testified in favor of the legislation. The following year, DDOT proposed and finalized regulations implementing the Act.

DDOT’s regulations define a safe accommodation for bicyclists in three ways.

First, the regulations define the term “safe accommodation” as a “safe and convenient route for pedestrians and bicyclists that ensures an accommodation through or around a work zone that is equal to the accommodation that was provided to pedestrians and bicyclists before the blockage of the sidewalk, bicycle lane, or other public bicycle path.” (Emphasis added). Second, the regulations state that the routing for a safe accommodation for bicyclists “shall replicate the safety level of the existing bicycle route.” Finally, the regulations state that a safe accommodation to bicyclists must be provided by prioritizing methods, in this order from highest priority to lowest priority:

  1. Closing a parking lane and keeping the adjacent bicycle lane open;
  2. Shifting the bicycle lane to a location on the same roadway to by-pass the work zone, and if necessary, shifting and narrowing the adjacent motor vehicle traffic lanes; 
  3. Closing the adjacent motor vehicle travel lane to provide space for a bicycle lane; provided that a minimum of one motor vehicle travel lane shall remain;
  4. Merging the bicycle lane and the adjacent motor vehicle travel lane into a shared travel lane adjacent to the work zone, installing sharrow lane markings in the shared travel lane and installing work zone signage directing bicyclists to merge into the shared travel lane; provided the shared travel lane shall be maintained at no less than thirteen feet (13 ft.) wide; and
  5. As a last resort, detouring bicyclists onto an adjacent roadway, in which case the detour route shall replicate, as closely as practicable, the level of safety found on the bicycle route being blocked.

Collectively, DDOT’s regulations provide a clear and comprehensive scheme that must be followed when DDOT considers a permit application for a developer to close a bike lane: the developer’s plan must provide an accommodation that is “equal to” the closed lane, the accommodation must “replicate the safety level of” the closed lane, and DDOT must select the highest priority option for a safe accommodation that is possible under the terms of the regulations.

DDOT approved a traffic control plan for the construction phase of Carr Properties’ project that violates the Act and DDOT’s regulations.

First, a 13 foot motor vehicle lane with no dedicated space for bicyclists is in no sense “equal to” the protected bike lane that existed before the demolition.  Second, the 13 foot motor vehicle lane will not “replicate the safety level of” the protected bike lane. Third, DDOT did not follow the regulations’ mandatory priority scheme when it selected a method of safe accommodation. Before it may adopt the fourth method on the regulations’ priority list, DDOT must adopt the third method on the list unless it would be impossible to do so under the terms of the regulations.

The statute and regulations do not include an exception for expediting a developer’s construction. They do not include an exception for accommodating structural issues that a developer might encounter on its own land, like the Pepco vaults underneath the Carr Properties project site. Finally, they do not include an exception for streets thought to be too important to motor vehicle travel for drivers to be inconvenienced. To the contrary, the statute specifically states that it applies to “all permittees.” DDOT and the developer must find a way to comply with the law, not stretch the law to accommodate the developer’s challenges and expose the public to risk in the process. The law has little force if it can be set aside in the circumstances where it is needed most, like this project.

WABA proposed alternatives to the traffic control plan in the permit, any of which would comply with the law and protect vulnerable roadway users.

Option 1: Installation of Temporary Sidewalk and Temporary Protected Bike Lane with Closure of One Car Lane

First, a temporary sidewalk and a temporary protected bike lane could be installed, and a lane of motor vehicle travel removed. Bicyclists and pedestrians would have safe accommodations that would be “equal to” and that would “replicate the safety of” their accommodations before the construction. All modes of transportation would be accommodated and physically separated, as they are now. Drivers could still drive down the street and, in an improvement from the current plan for the construction phase, would not have the prospect of hitting a merging bicyclist. Any excess motor vehicle traffic would naturally move to any of the nearby eastbound streets: K Street, H Street, Pennsylvania and New York Avenues, or N Street. And the developer could still use double truck loading lanes within the project site, if DDOT still wished to accommodate that request.

Option 2: Reclamation of Public Space to Provide a Sidewalk and a Protected Bike Lane With No Further Closures of Car Lanes

Second, the developer’s permit could be conditioned on the developer finding a small amount of space within the currently envisioned boundaries of the project site to accommodate pedestrians and bicyclists. DDOT could narrow the proposed 13 foot motor vehicle lane to 10 feet, build a temporary 7 foot wide or buffered bike lane, and use any incremental space that could be found within the project site beyond those 4 feet to build a temporary sidewalk. This option would preserve two lanes of automobile traffic, a protected bike lane, and a sidewalk. All modes of transportation would be accommodated and physically separated.

Option 3:  Reclamation of Public Space to Provide a Protected Bike Lane With No Further Closures of Car Lanes

Third, DDOT could require the developer to find only 4 feet within the project site to accommodate bicyclists but not pedestrians. The result would be similar to Option 2 above, but without a sidewalk. Option 3 is not our preferred approach because arguably it does not provide a safe accommodation to pedestrians under DDOT’s regulations.

WABA met with DDOT officials last week to discuss our concerns and our proposed solutions.

DDOT officials maintain that they are in compliance with the law and regulations requiring safe accommodations for bicyclists and pedestrians. They assured us that they fought for every foot of space they have on the road, and within that space, there is simply not enough room to create safe accommodations for pedestrians and bicyclists.  They believe reducing L Street to one lane of vehicle traffic would create dangerous conditions throughout the downtown area by increasing traffic volumes on parallel streets, as well as increasing traffic turns onto parallel streets. DDOT officials did not provide a satisfactory explanation for why they are imposing an analysis that prioritizes traffic flow over multi-modal safety in a situation where the law does not require, and in fact seems to explicitly reject, that approach. DDOT officials also failed to explain why this developer was granted an expedited permit that allows the double truck parking that has gobbled up so much of the public space, especially when that permit seems to be the basis for this less than stellar safety outcome.

DDOT officials did acknowledge that it would have been better to involve the public earlier in the permitting process, and indicated an inclination to improve that process in the future. They also agreed that it is time to update the Pedestrian Safety and Work Zone Standards or Construction Management manuals to reflect the agency’s  own safe accommodation regulations and the Bicycle Safety Amendment Act.

Bottom Line

A bike lane network is only as robust as its weakest link, not the average of the stress on its constituent links. Ordinary people will not use a bike lane that disappears when it is needed most on a busy street.  The likely outcome of the traffic control pattern authorized by this permit is decreased ridership and increased motor vehicle trips, to say nothing of decreased safety for those who chose to continue riding.  Rather than force the developer to find more space within the site or adjust its timeline accordingly, DDOT approved a traffic control plan that ratifies the unnecessary encroachment of public space.  This is not what we expect to see from an agency and administration committed to Vision Zero.  We hope DDOT will improve its processes for making decisions on future permit applications that would involve bike lane and sidewalk closures. We stand ready, as always, to provide our advice and viewpoints on best practices that will safely accommodate all modes of transportation.

 

Mayor Bowser Releases the Vision Zero Action Plan!!

Vision Zero Cover

Just before the holidays, Mayor Bowser released the greatly anticipated Vision Zero Action Plan. WABA has been actively engaged in advocating for Vision Zero over the past two years and is pleased that the Mayor is moving ahead with her commitments to end traffic deaths and serious injuries by 2024. The plan details strategies for using education, enforcement, engineering, and data evaluation to prevent death and injuries on the roads.

Here are a few of the highlights:

  1. Codifying safe streets law that prioritizes the safety of the most vulnerable users, designing streets that self-enforce a safe speed, and increasing enforcement and protection for pedestrians and bicyclists in work zones.
  2. Protecting vulnerable road users by expanding and upgrading the sidewalk network by filling 40 blocks of gaps and the bicycle network by installing or upgrading 20 miles of on-street bicycle facilities.
  3. Cracking down on dangerous driving through targeted enforcement and increased penalties for drunk, distracted, and dangerous driving,  and creating arterial, neighborhood, and other safe zones with lower speed limits.
  4. Establishing a public location for all crash and safety data on the Vision Zero website. The city will also publish geospatial analysis of safety-related citations issued and adjudicated and hold quarterly safety meetings to refine enforcement strategies based on safety outcomes.

As part of the District’s strategy, the D.C. Department of Transportation and Department of Motor Vehicles has proposed regulations to increase penalties for drivers who endanger public safety by violating traffic laws. (More on that next week.)

In 2016, WABA will be working with stakeholders to ensure these programs are implemented, and hold our leaders accountable to the bold vision they represent. We will also be working to get commitments to Vision Zero from leaders in other jurisdictions in the Washington region. We are on our way, and this is a great step forward!

Hey! 100% of our advocacy is funded by contributions from people like you. Want to help make a region wide vision zero a reality? Donate today!