by Angie Schmitt, Streets Blog
When cyclists and pedestrians are injured in traffic crashes in D.C., there’s a big legal obstacle standing in the way of justice. That obstacle is a legal standard called “contributory negligence.”
Now the City Council is poised to strike down that rule and replace it with the more widely used and fairer “comparative fault” standard, report Tracy Hadden Loh and Tamara Evans at the Washington Area Bicyclists Association. Loh explains how D.C.’s current law prevented her from seeking compensation when she really needed it:
In 2008, a driver in a minivan hit me (Tracy) when I was riding my bike on Connecticut Avenue, fracturing my pelvis in three places. The driver’s insurance company denied my claim because of a law that says if you’re even 1% at fault, you can’t collect anything. The good news? DC is moving to change this.
Currently, DC, Maryland, and Virginia use what’s called a pure contributory negligence standard to decide who pays what damages after a vehicle collision involving someone on bike or foot. I wrote about contributory negligence in 2014, but the basic thing you need to know is that under this standard, if the person is even 1% at fault for a collision, they can’t collect anything from the other party (or parties).
Insurance companies benefit from contributory negligence because it makes it very low risk to deny a claim, since the legal standard a court would apply is so broad.