D.C. Law 21-167. Motor Vehicle Collision Recovery Act of 2016.

D.C. Law 21-167. Motor Vehicle Collision Recovery Act of 2016.

AN ACT

To limit the application of the doctrine of contributory negligence in cases of collisions between non-motorized users of public highways and motor vehicles.

New subchapter II-B of Chapter 22 of Title 50

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Motor Vehicle Collision Recovery Act of 2016".

New § 50-2204.51

Sec. 2. Definitions.

For the purposes of this act, the term:

(1) "Motor vehicle" shall have the same meaning as provided in section 2(d) of the Motor Vehicle Safety Responsibility Act of the District of Columbia, approved May 25, 1954 (68 Stat. 120; D.C. Official Code § 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 section 2(i) of the Motor Vehicle Safety Responsibility Act of the District of Columbia, approved May 25, 1954 (68 Stat. 120; D.C. Official Code § 50-1301.02(9)).

New § 50-2204.52

Sec. 3. 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 act 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) Section 3 of An Act To enable the blind and the otherwise physically disabled to participate fully in the social and economic life of the District of Columbia, approved October 21, 1972 (86 Stat. 971; D.C. Official Code § 7-1004); or

(B) Section 7 of the District of Columbia Comprehensive Bicycle Transportation and Safety Act of 1984, effective May 23, 2000 (D.C. Law 13-112; D.C. Official Code § 50-1606).

New § 50-2204.53

Sec. 4. Non-severability.

If any provision of this act 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 act shall be deemed invalid.

Sec. 5. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 6. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.