The Sierra Club's Washington, DC Chapter issued a statement to the District of Columbia Council supporting the Motor Vehicle Collision Recovery Act. The full text of the statement follows.
The District of Columbia is one of a few remaining jurisdictions (Maryland and Virginia are two others) with an antiquated contributory negligence standard. This standard -- which denies compensation to anyone involved in an accident if they were even 1% negligent -- allows insurers to avoid any liability in most accidents. Most states abolished the use of contributory negligence decades ago in favor of a “comparative negligence” standard that looks at the relative fault of the parties to the accident.
Car owners are required to have insurance against liability and, in any accident with a bicyclist or a pedestrian, the car and will be far less likely to suffer injury regardless of the degree of fault. Yet, even when the car driver may be as much as 99% liable for the injury, the current law precludes any recovery for the bicyclist or the pedestrian, no matter how severe their injuries. The Motor Vehicle Collision Recovery Act will preclude insurance companies from relying on this unfair law to deny claims against vulnerable road users. Injured bicyclists and pedestrians will have a fair chance to have their claims paid. Negligent drivers who injure people should be responsible for their actions. The bill also still provides fair protection for drivers because they will not be held liable if the accident was primarily the fault of the bicyclist or the pedestrian.
Sierra Club members and supporters recognize passage of this bill as critical to the safety of cyclists and community members as well as overall community sustainability and health. Passing this bill would permit the District to build advanced infrastructure designs that would make bicycling safer and easier for more people, thereby advancing the District's sustainability agenda. These designs have been proven to be safe in other states, but have not been implemented in DC due to the legal grey areas they could produce and the resulting legal uncertainty for bicyclists injured while fusing such designs. The Motor Vehicle Recovery Act of 2015 will provide increased protection for District residents and visitors who use bikes for recreation or commuting, limiting risks and barriers that prevent or discourage biking in the District. Further, this legislation may serve to increase the adoption and prevalence of cycling as a means of transportation within the District, thus reducing the overall carbon footprint of transportation within the region and contributing to improved community and neighborhood health.
Please support and pass the Motor Vehicle Collision Recovery Act of 2015 before the District of Columbia Council.