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Cheh is right that her version is better, but everyone agrees that contributory negligence must end in DC.

It can end today, either way, but it remains to be seen if both Cheh and McDuffie will put people ahead of power.

Update from Chambers: nope, McDuffie is playing by middle school rules. He pulled it rather than lose, and it's bumped to the next regular legislative session - which is either mid-July or October, thanks to statehood &c.


(Also lost in the shuffle, apparently, is the Bike/Ped safety amendment act of 2016.)

McDuffie is dropping in my estimation. If he doesn't have the votes, then just let it go forward. Also I was reading the committee notes on the Bike and Ped safety act in which he generally worried that it was too tough on bad actors. He was concerned, for example, about the rule taking away the license of those convicted of a 3rd DUI/DWI. CM Allen, OTOH, was concerned the bill didn't go far enough.

(Had a reply going earlier I but got into a very informative face-to-face discussion with Allen's office.)

From what I learned today, McDuffie's amended bill is supposed to be basically identical to Wells's - with the exception that McDuffie's addresses the "joint and several" concerns that scuttled the previous effort.

Cheh's version is actually the outlier, both in what we've been working toward* and in what the predominant liability laws of the country look like.

The bike and ped safety amendment act was on the consent agenda. I missed when it happened due to the comings and goings of a couple of large labor groups.

*Let's just stipulate that none of this is the world-class approach to things like Vision Zero and justice, okay?

I got an email from CM Allen on this. Here's an excerpt

"Like many others, my family is a one-car household. Some days we bike, some days we drive, some days we Metro, and some days we simply walk. Like you, I want a city where I'm treated fairly no matter how I choose to -- or need to -- get around.

Our current laws protecting pedestrians and cyclists are inadequate, unfair, and out-of-date. In one role or another, I've worked to get these laws reformed for over four years -- first as a Council staffer and now as your Councilmember. Finally, we're on the cusp of making that happen. The District is one of only a handful of jurisdictions left that have not made the changes needed to give people a fair chance at justice in the event of a collision and injury. I was proud to co-introduce the Motor Vehicle Collision Recovery Act of 2016 and I will be proud to vote in support of it on July 12th.

This vote is too important to lose. There are powerful interests working to defeat this bill, but we can't let them win. Over the next two weeks, I will work with my colleagues who have expressed some concerns about this bill to help make sure we have the votes we need to pass this important legislation."

Wells' bill was Pure Comparative and McDuffie appears to be looking for a Modified Comparative.

If McDuffie's amendment passes, I would still want council to vote for the bill.

If Cheh, et. al. don't have enough votes to pass now, maybe a switch to Pure Comparative will work as a compromise. I definitely don't want perfect to be the enemy of good enough; but if Cheh thinks she has the votes, she should keep pushing for the law as written.

Drunk driver hits man and drives around for 3/4 mile with body in windshield. This happened in CA, but if it happened in DC, what if he was 1% in the wrong?


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