DC proposes extending collision legal protections to riders of ebikes and escooters

[Dewey]

Among a recent flood of pro-cycling legislation is a most welcome revision to the 2016 Motor Vehicle Collision Recovery Act (MVCRA) extending legal protections to riders of ebikes and escooters involved in collisions with motor vehicles in the District of Columbia. That law applies a 51% "comparative negligence" standard in civil cases enabling bicyclists and pedestrians to pursue compensation for 100% of medical expenses and property damage if they are no more than 50% at fault in causing a crash with a motor vehicle, the old "contributory negligence" standard made it difficult for cyclists to receive any recovery if they were found to be only 1% at-fault. The MVCRA as originally written protected pedestrians, pedal cyclists, and "non-motorized" public road users...plus riders of segways(?) The proposed revision will extend the protections to riders of ebikes and escooters. In the DC region Virginia and Maryland still maintain the contributory negligence standard, Source: https://www.mwl-law.com/wp-content/uploads/2018/02/COMPARATIVE-FAULT-SYSTEMS-CHART.pdf

 

[drewberz]

That's excellent! If what you linked is still up-to-date, Alabama, Maryland, North Carolina and Virginia have a ways to go...You can be a cyclist there, declared to be 1% at fault, and receive NO recovery for damages.

 

[Dewey]

March 2020 Update: This bill and the E-bike bill are being prioritized after the City's Vision Zero Omnibus Bill, Source https://drive.google.com/file/d/1fKY0lG_FwqgxGxSwtdewSzhE1v8W20gR/view

 

[Dewey]

November 2020 Update: This bill was approved by the DC Judiciary Committee, clearing the way for it to be voted on by the full DC Council. The DC Bicycle Advisory Committee wrote the Council supporting adoption of the bill.

 

[Dewey]

December update: This bill was unanimously voted into law by the DC Council, it goes to the DC Mayor with a 30-day period for congressional review before being enacted into the DC Code.

 

[Dewey]

February 2021 update: the bill was delayed being delivered to Congress for consideration and will now be coming into effect reportedly by March 19, 2021. Source, Allyson Kitchell