If a driver hits you while you’re walking or biking in DC, the law makes it almost impossible to collect from the driver’s insurance. A bill to fix that is suddenly in jeopardy just hours before a scheduled vote. Please ask the DC Council to move it forward.

As of now, DC’s “contributory negligence” law says that if a person on foot or bike who is involved in a crash is even one percent at fault for what happened, they can’t collect any damages. The Motor Vehicle Collision Recovery Amendment Act of 2015, which is scheduled for a vote today, would let people collect damages as long as they were less than 50% at fault.

Today, Councilmember Kenyan McDuffie plans to introduce an amendment that would change exactly how much a person could collect, using a “comparative negligence” standard that basically means that a person’s claim to damages would be proportional to their fault in the crash. It looks as though Councilmember Mary Cheh would oppose the bill if it includes McDuffie’s amendment.

Efforts to end contributory negligence, which really does have harmful effects, have been going on for years. There are credible arguments for both McDuffie’s and Cheh’s positions on how to word the new law, but we need to pass one or the other.

With or without the amendment, the proposed bill will improve the rights of pedestrians, cyclists and other non-motorized road users on DC’s streets. That is very much needed, especially as the number of people who use our streets for something other than driving continues to swell.

Update: Councilmember McDuffie moved for the Council to vote on the bill on July 12, and his motion passed.

This morning, 75 people sent 450 letters to Councilmembers urging them to do away with contributory negligence, one way or another. Thank you for your efforts, and look for more from Greater Greater Washington on how pass the bill as the vote nears.