Catania and Bowser on replacing contributory negligence statute

Via All Walks DC. 

Do you support the bill introduced by Councilmembers Grosso, Wells, and Cheh to replace the contributory negligence statute as it applies to pedestrians and bicyclists with comparative negligence?

David Catania: Yes.

Muriel Bowser: It’s an issue that deserves further consideration. I know a lot of states have a comparative negligence standard and it gives bikers legal protections so they have some redress even when they were partially at fault for an accident. But, I’m also interested in knowing why bikers deserve unique treatment compared to victims in other personal injury cases. There are also other solutions to help protect bikers. MPD needs to be better trained on the laws in place to protect bikers. We need more protected bike lanes throughout the city so accidents never happen. We also need to train both drivers and bikers to share the roads and drive/ride safely.

If Muriel Bowser wants to end contributory negligence in all cases, that's a possibly good proposal, but it's not one that's on the table right now. If she wants to say that either everyone gets a life vest or no one does, that's a bad proposal. 

Comments

[contrarian]

Is there any issue that Muriel Bowser doesn't feel "deserves further consideration?"

I get the feeling that if you asked her if she loved her mother, the answer would be "everyone will have a seat at the table."

[Michael H.]

It's unfair to expect a candidate for mayor to actually have an opinion about DC issues.

[SJE]

"Deserves further consideration" should be her campaign slogan

[DaveS]

True story:

I met Muriel Bowser one morning in the Pennsylvania Ave cycletrack at 14th, in front of the Wilson Building, shortly after she had announced her intention to run. She thanked me for stopping for the red light, noting that she had never seen anyone else do so. I explained that I usually do, and always do stop when I see pedestrians crossing or other traffic approaching, then asked her (in so many words) what she thought about the Idaho stop.

I then had an opportunity to explain a little about what that is and what it means to me in that context - while people often claim cyclists never stop for lights and signs, they seem to be surprised both when they do and when they don't, and a new law that could give a bit more clarity about what to expect might be helpful and certainly couldn't make things worse.

She didn't seem to be put off by this, which was good. By this time her pedestrian signal had changed and traffic was moving, so I took a few more moments to continue my "elevator editorial": the rules of the road are evolving, agencies need to control and explain the shifts, we can't really hold people accountable for not knowing the unwritten or unexplained rules, we CAN do more to write consistent, sensible rules that do better at regulating what people are already doing and to educate everyone on what those rules are. (I mentioned a few details about changes I'd like to see such as expanding the U-turn prohibition to include any road where there's a bike lane even if the U-turn wouldn't cross it, trimming 5 mph off the speed limit where a bike lane is present, specially marking streetlights on bike lane roads to increase driver awareness of the presence of cyclists, etc.)

Then the simple ask: as CM and as mayor, with expansion of the bicycle route network already under way, could I count on her to work toward better policies, regulations, and laws that would support making bicycle travel safer?

I kid you not, her answer was "That definitely deserves more consideration." Huge points to her for indulging me and at least appearing to listen, but her vocabulary could really use some work.

[DE]

Anyone who says she has never seen a cyclist stop at a light has not paid enough attention to the world to deserve to be elected to anything.

[SJE]

Muriel probably read that a lot of constituents complained that cyclists don't stop, and incorporated that into her conversation. She seems to have internalized the sort of poll-tested speeches you expect from a 15 term congressman, not a young candidate for mayor.

[FongFong]

I too earlier this summer was stopped at a stoplight heading south in the bike lane next to McMillan Reservoir on my cargo bike with my son on back, and up next to me a car pulled up with Muriel as a passenger. So she has seen at least one other person stopped at a light.

I find it ironic that what some people (me) see as her biggest fault, an inability to make a decision on a polarizing issue, is seen by others as an indication she has good listening skills. The lesson is that if you never speak, you become a good listener.

[W]

In terms of staff, her COS is a regular bike commuter, and his COS is in a family of regular riders, so they should both be familiar with cyclists who follow the rules. The fact that she said what she did in your true story proves to me that she isn't deserving of election.

Say what you will about David, but I know where he stands, and he's not shy about telling you. I don't think there is one issue where I know what Muriel would actually do to change something that doesn't work. I think we deserve to know, and that's how I'm going to decide how to vote.

[UrbanEngineer]

Wait...Muriel's Chief of Staff has a Chief of Staff?

[W]

"his" being Catania in this case.

[SJE]

You choose a counselor or priest to listen, you choose a mayor to act.