Last year, Councilmember Mary Cheh (D-Ward 3) moved to table Councilmember David Grosso’s (I-At Large) and former Ward 6 Councilmember Tommy Wells’ “contributory negligence” bill, which would’ve changed the negligence standard used in crashes involving cyclists and pedestrians.
At the time, she said she was concern about “joint and several liability,” and discussed some potential changes to move the bill forward, but ultimately it didn’t. Now, Cheh has introduced her counter to the bill called the “Bicycle and Pedestrian Safety Act of 2015.” (Editor’s note: Cheh introduced a different version of the “contributory negligence” bill, the “Motor Vehicle Collision Recovery Act of 2015” in January. It’s currently still in the Judiciary Committee).
In addition to trying to reform D.C.’s “contributory negligence” law, which can make it difficult for an injured pedestrian or bicyclist to get compensation, Cheh’s latest bill attempts to reform the District’s motorist, bicycle, and pedestrian safety laws.
Under the comprehensive bill, crash, traffic violation, and closure data will be more “readily accessible to the public,” in addition to establishing a program aimed to “designate safety enhancement priority areas across the District in locations with heavy bicycle and pedestrian traffic.” Additionally, the bill will ensure that road construction and maintenance will accommodate bicyclists and pedestrians—including those with disabilities. Finally, Cheh’s bill would require Mayor Muriel Bowser to look into a “deferred disposition program” that would give someone guilty of a moving violation the option to take a safety course instead of paying a fine.
“The ‘Bicycle and Pedestrian Safety Act’ changes the way our agencies address and prioritize safety concerns in the built environment, and it also encourages users of our transportation system to engage in safer behavior -in this way we can establish a system of mutual accountability,” Cheh said in a statement. “For example, one aspect of the bill includes greater oversight of DDOT’s infrastructure improvements and traffic modifications, while another section of the bill prohibits aggressive driving, and creates an escalating fine system for repeat offenders of moving violations directly affecting bicyclists and pedestrians.”
Cheh’s bill comes after months of discussion and analysis from the Bicycle & Pedestrian Working Group—which is co-chaired by WABA and AAA Mid-Atlantic—that she formed early in the year.
