In Washington D.C., Maryland, Virginia, North Carolina, and Alabama, the legal policy known as contributory negligence blocks cyclists from claiming damages if they're involved in a crash.
When it comes to cyclists sharing the road with cars, "most states abide by a policy of 'comparative fault' in the event of a crash. This standard holds that if a cyclist or pedestrian can claim less than 50 percent of responsibility for a dust-up, they're entitled to either a full insurance payment, or one commensurate with their level of negligence as determined by a jury."
However, as Eillie Anzilotti writes, "in Maryland, Virginia, North Carolina, Alabama, and Washington, D.C., that is not the case. That's because in those locales, the standard of contributory negligence has not been written out of the books, like it has been in the rest of the United States."
An anachronistic policy, contributory negligence states that if the victim is more than 1 percent responsible for an accident or injury, he or she cannot claim a recovery payment. Bruce Deming, a D.C.-area lawyer who often represents injured cyclists, say contributory negligence "originated in England in 1809 as a means to shield employers from having to compensate harmed members of their workforce." It has been repudiated by most U.S. jurists, and only remains on the books in four states and the capital.
In Washington, a measure to update the policy is having trouble getting through the city council "D.C.'s approach [...] would grant injured people the level of parity they're guaranteed in most of the rest of the country, and it shows the potential for contributory negligence to be struck down on a granular level in a way that the four other states could emulate."
FULL STORY: The Legal Policy That Makes Collisions Especially Harrowing for Cyclists
The City of Broken Sidewalks
Can Los Angeles fix 4,000 miles of broken sidewalks before the city hosts the 2028 Olympic Games?
Shifts in Shopping: Transforming Malls Into Parks
Maybe zombie malls still have a second life — one with a little greenery.
To Build More Housing, Cities Must Be Smarter in How They Use Land
How strategic land use policy decisions can alleviate the housing crisis and limit unsustainable sprawl.
Why Traffic Never Gets Better
Despite abundant research showing that roadway expansions provide limited congestion relief and increase long-term traffic problems, they still occur due to wishful thinking: advocates claim that “this” project is different.
San Francisco Tops ‘Urban Mobility Readiness’ List
An annual analysis of global cities assesses public transit, technology, and sustainability.
Bike-Mounted Sensor Could Improve Safety for Cyclists
A new camera technology can detect when vehicles pass too close to people on bikes.
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
City of Prescott
Alamo Area Metropolitan Planning Organization
Village of Glen Ellyn
HUDs Office of Policy Development and Research
CORP - COnsulting Research Projects
City of Cambridge, Maryland
Newport County Development Council: Connect Greater Newport
Rockdale County Board of Commissioners