Code of the District of Columbia

Subchapter II-B. Motor Vehicle Collision Recovery.

§ 50–2204.51. Definitions.

For the purposes of this subchapter, the term:

(1) "Motor vehicle" shall have the same meaning as provided in § 50-1301.02(4).

(2) "Non-motorized user" means an individual using a skateboard, non-motorized scooter, Segway, tricycle, and other similar non-powered transportation devices.

(3) "Pedestrian" shall have the same meaning as provided in 18 DCMR § 9901.1.

(4) "Public highway" shall have the same meaning as provided in § 50-1301.02(9).

(Nov. 26, 2016, D.C. Law 21-167, § 2, 63 DCR 12592.)

§ 50–2204.52. Contributory negligence limitation.

(a) 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 the plaintiff's recovery in any civil action unless the plaintiff's negligence is:

(1) A proximate cause of the plaintiff's injury; and

(2) Greater than the aggregated total amount of negligence of all of the defendants that proximately caused the plaintiff's injury.

(b) Nothing in this subchapter shall be construed to:

(1) Change or affect the doctrine of joint and several liability or the last clear chance doctrine; or

(2) Reduce the legal protections provided to pedestrians and cyclists under:

(A) § 7-1004; or

(B) § 50-1606.

(Nov. 26, 2016, D.C. Law 21-167, § 3, 63 DCR 12592.)

§ 50–2204.53. Non-severability.

If any provision of this subchapter or its application to any person or circumstance is held to be unconstitutional, beyond the statutory authority of the Council, or otherwise invalid, then all provisions of this subchapter shall be deemed invalid.

(Nov. 26, 2016, D.C. Law 21-167, § 4, 63 DCR 12592.)