Washington, D.C. Lawmakers Are at Odds Over a Bill That Could End Contributory Negligence
There is a new bill in front of legislators that could put an end to the contributory negligence law as it applies to bicyclists and pedestrians. The bill has stalled for the moment, according to an article in GreaterGreaterWashington.com, but it is one we should all be behind in the end.
Contributory negligence has been the bane of injury victims for years. Simply put, the law says that if you contribute at all to the cause or fault of the incident which injured you, or in any way to the injuries you sustained, you can be barred completely from recovering any damages. For example, let us say your son is out riding his bike, and he is not wearing his helmet. He is hit by a car whose driver was texting, and your son is thrown from the bike and fractures his skull. Because it is against the law for a child aged 16 or younger to ride a bike without a helmet, the court could find that he contributed to his own cracked skull; after all, had he been following the law, he may not have suffered a fracture. Despite the collision being the fault of the driver, your son may not be entitled to any compensation because he contributed in some amount to his own injuries.
Help has been a long time coming
D.C. tried to fix the problem with another bill in 2014, but that failed, too. Then, as now, legislators looked to use comparative negligence as their guide – a law that says you can recover a percentage of compensation as long as you are found no more than 50% at fault. The problem is that Washington, D.C. has a “joint and several liability” doctrine, which allows an injured person to collect compensation from a third party if fault can be proven. It works like this: if the driver in the example above tried to stop before hitting the boy on the bike, but could not because the brakes in the car failed due to some defect, then the victim could make a claim for compensation from the manufacturer of those brakes. It is not a perfect system, but at least injured cyclists and pedestrians could obtain some relief.
The 2014 bill did not address this doctrine, but it needed to. A company that manufactures defective products should be held accountable under the law, so that it does not continue to make unsafe products which could lead to more injuries. (This is the same reason we are so up-in-arms about auto recalls; “Big Auto” needs to put safety before profit, and allowing them to skate by without being held responsible for their products is an injustice.)
We need to pass new laws that will protect cyclists and pedestrians who are injured in auto accidents on D.C. roadways. The delay of this bill pushes its possible passing back to September. The waiting is frustrating, but the outcome is crucial: comprehensive reform that protects, not punishes, victims of serious accidents. We urge you to contact your local representatives in support of changing the law.
If you are hurt in an auto accident while riding your bike or walking through the city, you need competent, experienced representation on your side. For more than 40 years, Paulson & Nace, PLLC has assisted auto accident victims obtain the compensation they need to recover from their injuries. To schedule a free consultation with an experienced Washington, D.C. injury lawyer, please call 202-463-1999, or fill out our contact form.
Christopher T. Nace works in all practice areas of the firm, including medical malpractice, birth injury, drug and product liability, motor vehicle accidents, wrongful death, and other negligence and personal injury matters.
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