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A bill introduced by Councilmember David Grosso would make it easier for cyclists to collect damages when they’re involved in incidents with vehicles.
D.C. recognizes contributory negligence, meaning if a cyclist is found to be even one percent at fault in a crash, she cannot recover damages. Grosso’s bill would end the “use of contributory negligence in automobile-bicycle collisions,” according to a blog post by his staff.
The Washington Area Bicyclist Association calls the bill a “desperately needed change to D.C.’s antiquated and unfair negligence standard.”
The District of Columbia’s continued recognition of contributory negligence as a complete defense in a negligence action, when combined with the uneven enforcement of bicycle laws by the District’s police officers and lack of understanding of bicycle laws among the general public (i.e. potential jurors), makes recovery for damages suffered by cyclists injured in collisions with motor vehicles difficult and unpredictable. WABA works diligently to educate cyclists, police officers, and citizens on the proper application of bicycle laws. However misunderstandings still permeate and commonly lead to improper enforcement and conflict.
“While WABA works diligently to educate cyclists, police officers, and citizens on the proper application of bicycle laws, misunderstandings still permeate and commonly lead to improper enforcement and conflict,” WABA wrote in a 2010 memo to the Council. “The existence of the contributory-negligence doctrine in the District serves to compound the effects of these misunderstandings by essentially saying to cyclists: ‘The District knows that it often errors in enforcement, but where that error in enforcement can be used to support a finding of negligence, the District will not allow recovery of damages.'”
As Grosso’s office points out, bike-vehicle collisions increased by 130 percent between 2010 and 2012. The bill won’t be taken up until the Council reconvenes in September.
