On Tuesday, the DC Council unanimously approved a bill to end the extremely unjustcontributory negligence” rule which frequently forbids people who are hit when walking or biking from collecting medical costs from a driver’s insurance.

Photo by Manfred Caruso on Flickr.

The bill still has to pass a second reading in the fall, but the fact that it sailed through without debate bodes very well. Two weeks ago, the council delayed action because Councilmember Kenyan McDuffie (ward 5) wanted to introduce an amendment, but McDuffie ultimately decided not to. Mayor Muriel Bowser also praised the bill.

The council showed strong leadership to making the road fair to everyone and ensuring that people injured due to another’s actions have a fair chance to get medical bills paid. The action came despite fierce lobbying from the insurance industry and AAA.

This is also thanks to many of you, who sent over 1,300 emails to councilmembers using our action tool. Many others contacted elected officials from action alerts from the Washington Area Bicyclist Association or others. Your emails made a difference — Councilmember Elissa Silverman (at large) mentioned getting “over a thousand” emails in a recent constituent newsletter. She was already a strong supporter, but other less confident ones got many emails too.

I emailed all 13 councilmembers for comments about the vote, and several replied in time.

Councilmember Charles Allen (ward 6), one of the bill’s co-introducers, said, “Like many others, my family is a one-car household. Some days we bike, some days we drive, some days we Metro, and some days we simply walk. Like you, I want a city where I’m treated fairly no matter how I choose to — or need to — get around.

Silverman added, “I was excited to vote in favor of a bill that will make our insurance system more just for our most vulnerable road users. I thank Councilmember [Kenyan] McDuffie [Ward 5] and Councilmember [Mary] Cheh [Ward 3] for their leadership efforts on this common sense measure.”

“I believe our contributory negligence standard most hurts our poor and low-income residents who cannot afford large medical bills or lost time at work following serious accidents,” Silverman said. “For this reason, I’m particularly glad to see the Council move towards a more equitable approach that works in the interest of all District residents.”

Brianne Nadeau, councilmember from Ward 1, wrote, “Ultimately, Tuesday’s vote is about making the District safer for pedestrians and bicyclists. We must also continue expanding our network of bike lanes, protected when possible, so residents have safer transportation options.”

Finally, David Grosso (at-large) said, “In 2014, I introduced [the predecessor of this bill] after learning that 483 cyclists had been injured in 2013 alone. … After years of advocating for change, I am glad we’re finally modernizing the District’s approach. Fairness, equity and safety are the guiding principles behind this legislation and with the Council’s unanimous vote and the Mayor’s signal of approval, it seems we are one step closer to fully realizing these goals.”