EQUAL RIGHTS AND CONTRIBUTORY NEGLIGENCE

YOUR RIGHT TO RECOVER AS A VULNERABLE USER Until recently, D.C. cyclists faced an uphill battle in bringing lawsuits for injuries involving motorists due to the District’s laws regarding contributory negligence. Contributory negligence is a legal doctrine that bars plaintiffs from recovery if they were even 1% negligent in an incident. While contributory negligence was once the norm, D.C. is one of the few jurisdictions left following this harsh rule. Fortunately, the D.C. Council passed a law that protects “vulnerable users” of public highways or sidewalks involved in collisions with motor vehicles. A “vulnerable user” may recover provided their negligence was less than the defendant-motorist’s or their negligence was not the proximate cause of their injury. Under this law, “vulnerable users” include individuals using bicycles, motorized bicycles, skateboards, and even electric scooters. It is important that you contact an attorney who stays current with the law and will fight for your right to recover.