Friday, October 14, 2016
Major Changes to DC Contributory Negligence Law Signed by Mayor Bowser
|Mayor Bowser signs contributory negligence bill|
as Greg Billing of WABA looks on.
Now only 4 states, Virginia, Maryland, Alabama, and North Carolina have pure contributory negligence, which states that if a cyclist or pedestrian is struck by a motorist and the cyclist or pedestrian was only marginally negligent, then that person cannot sue for damages. For more background on contributory negligence see Fairness for Crash Victims or earlier FABB blog entries that mention the subject.
This is a great victory for cyclists and a possible model for Virginia to follow. Now is the time to change Virginia's antiquated contributory negligence law. For an excellent argument for overturning contributory negligence in Virginia, see Virginia Should Abolish The Archaic Tort Defense Of Contributory Negligence And Adopt A Comparative Negligence Defense In Its Place.
Labels: contributory negligence