Supporters of a contributory negligence bill. Photo by Sarah Anne Hughes

A bill that would change the negligence standard used in crashes involving cyclists and pedestrians failed yet again, as a Council committee voted to table the legislation.

That means the bill will have to be reintroduced next year, when Councilmember Tommy Wells — who co-introduced and supported the legislation — is gone from the Council. His co-introducer, Councilmember David Grosso (I-At Large), has vowed to do just that.

Frustrated that my bill to fix contributory negligence for pedestrian & bike safety was tabled in committee. Will try again next year.

— David Grosso (@cmdgrosso) November 25, 2014

Councilmember Mary Cheh, who expressed concerns over “joint and several liability,” had discussed possible changes, but today she said “wasn’t ready” to move on it. Wells pushed for a vote — “There will always be parties who aren’t ready” — — but Cheh moved to table the bill, which passed.

D.C. is joined by just four states in recognizing contributory negligence, meaning if a cyclist or pedestrian is found to be even one percent at fault in a crash with a vehicle, they cannot collect damages. While hopeful, Wells predicted in early November the bill would fail “because of the outside interests of the insurance companies who do not want to pay for the injuries of folks who are in a conflict with a car.”