Legislation Introduced to Limit Defense of Contributory Negligence in Certain Motor Vehicle Negligence Cases

ByDouglas C. Melcher

On January 6, 2015, five members of the D.C. Council introduced the Motor Vehicle Collision Recovery Act of 2015 (B21-4), the stated purpose of which is “[t]o limit the application of the doctrine of contributory negligence in cases of collisions between non-motorized users of public highways and motor vehicles.” B21-4, preamble. By way of background, the common law of the District of Columbia currently provides that contributory negligence is a complete defense in most negligence cases, including but not limited to cases involving motor vehicle negligence. The legislation, if enacted, would partially abrogate this common law defense by providing that, “[n]otwithstanding any other District law, the negligence of a pedestrian, bicyclist, or other non-motorized user of a public highway involved in a collision with a motor vehicle shall not bar or reduce the plaintiff’s recovery in any civil action unless: (1) the plaintiff’s negligence is a proximate cause of the plaintiff’s injury; and (2) the plaintiff’s negligence is greater than the aggregated total amount of negligence of all of the defendants that proximately caused the plaintiff’s injury.” Id. § 3(a). For similar legislation that was considered — but not enacted — during the last Council Period, see the Bicycle and Motor Vehicle Collision Recovery Amendment Act of 2014 (B20-884). For a detailed discussion about the defense of contributory negligence in the District of Columbia, see Tort Claims and Defenses in the District of Columbia § 41 (2014).

Douglas C. Melcher

I am a licensed attorney with about twenty years of experience in the private practice of law. I focus my practice on advising and representing individuals, small businesses, and non-profits in civil litigation, including trial court proceedings, appeals, administrative hearings, mediation, and arbitration. I have written numerous articles for D.C. Law Blog and other publications, and am the author of Tort Claims and Defenses in the District of Columbia, which is a handbook for lawyers about civil claims for injury to persons, property, reputation, and commercial interests. Please feel free to contact me if you would like to inquire about assistance with a legal matter. I can be reached at dmelcher@melcherlaw.com or 202-427-5753. For further information about my background, click here.