If a driver strikes you while you’re walking or biking in D.C., there’s a good chance you won’t be allowed to sue for medical expenses, lost wages, and pain and suffering under the law.
That’s thanks to a legal standard known as “contributory negligence” in effect only in D.C. and a handful of states. Contributory negligence holds that if a pedestrian or cyclist is deemed even 1 percent at fault for a collision, she is essentially out of luck.
The D.C. Council will vote tomorrow on a bill that would replace the contributory negligence standard with the much fairer “comparative fault” standard. But the local insurance lobby is making a last-ditch attempt to stop the bill.
The Washington Area Bicyclists Association reports that the industry group Property Casualty Insurers of America has put out a “study” claiming that the bill could hike D.C. auto insurance rates 24 percent, which was circulated by AAA-MidAtlantic in an email [PDF] to all its members.
WABA says the insurance industry’s claims are deliberately misleading:
The PCI analysis assumes 100% of crashes will involve DC-insured drivers. According to the 2014 DDOT Traffic Safety Statistics Report, only 37% of total traffic crashes involve a DC driver. Maryland and Virginia drivers alone account for 46.9% of all crashes in the District. The costs of crashes associated with bicyclists and pedestrians would be spread much further into the regional insurance pool, not solely in the District’s.