--- description: Washington DC injury lawyers discuss the law of contributory negligence and how it no longer applies to pedestrian and bicyclist motor vehicle accident cases. title: Contributory Negligence in Pedestrian & Bicycle Accident Cases | DC Injury Lawyer canonical: https://www.chaikinandsherman.com/blog/2017/11/dc-law-provides-special-protection-to-pedestrians-and-bicyclists-injured-in-motor-vehicle-collisions/ date_published: 2017-11-07T03:38:00+00:00 date_modified: 2025-11-19T21:15:03+00:00 practice_area: blog --- - Contributory Negligence in Pedestrian & Bicycle Accident Cases | DC Injury Lawyer # DC Law Provides Special Protection to Pedestrians and Bicyclists Injured in Motor Vehicle Collisions Last Updated: November 19, 2025 - Reading Time: 2 minutes Trusted Content ![090424_CSCS_APE30](https://www.chaikinandsherman.com/wp-content/uploads/elementor/thumbs/090424_CSCS_APE30-r7ld7n5zxjd9ezimssquc85jvnm28x0iit481i4iwo.jpg) Legally Reviewed by Allan Siegel Updated 9 months ago [Home](https://www.chaikinandsherman.com/) » [Recent Posts](https://www.chaikinandsherman.com/blog/) » DC Law Provides Special Protection to Pedestrians and Bicyclists Injured in Motor Vehicle Collisions [![Best Law Firms - Regional Tier 1 Badge](https://www.bestlawyers.com/Badges/Metro/35728/17508/15/washington-d-c/O/Detail.png)](https://www.bestlawfirms.com/firms/chaikin-sherman-cammarata-siegel/35728/US) What's On This Page [Case Results](https://www.chaikinandsherman.com/case-results/) $18.8 Million - Car Crash $2 Million - Car Crash $1.9 Million - Car Crash $1.37 Million - Car Crash $1.1 Million - Car Crash $1 Million - Car Crash [View All Practice Areas](https://chaikinandsherman.com/practice-areas/) [Testimonials](https://www.chaikinandsherman.com/blog/testimonials-hub/) [They were adamant about getting me the best settlement. 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"*" indicates required fields Name* First Last Name* Last Email** Phone*Are you a new client?*Are you a new client? *Yes, I'm a potential new client.No, I'm a current existing client.I'm neitherCase TypeCase TypeMotor Vehicle AccidentSlip & FallAssaultMedical MalpracticeAbuseWork InjuryOtherWere You at Fault?Were You At Fault?NoYesUnknownWhere Did The Incident Occur?Where Did The Incident Occur?Washington, D.C.VirginiaMarylandOtherDid The Accident Occur In the Last Two Years?Did The Accident Occur In the Last Two Years?YesNoShare Brief Description of the Incident* Send Watch our attorneys explain how they fight for car accident victims across DC, Maryland, and Virginia. With over $1 billion recovered, our team knows how to build a winning case — from investigation through trial. Video Transcript **Speakers:** Ira Sherman, Joseph Cammarata, Stephen Ollar, Allan Siegel **Ira Sherman (00:02):** I would say that Chaikin, Sherman, Cammarata and Siegel has a completely different outlook on cases that other people think are garden variety automobile accidents, because to the person who is involved in that accident, that’s not garden variety, that’s altering their life. **Joseph Cammarata (00:21):** First of all, we don’t advertise. People come to us by word of mouth, either from defense lawyers, from insurance companies, from colleagues at the bar. They know that we have decades of experience in the personal injury field. They know that what we bring to bear is a group of lawyers that work and non-lawyers that work as a team to make sure we understand what the nature and the extent of the injury is. We make sure we understand and can express to a third party just what those injuries are, and we work to obtain the most compensation that we can for an individual. **Stephen Ollar (01:04):** What we do a lot of is discovery, not just discovery of the facts of the case, but discovery about insurance. It may be that the individual was operating the vehicle for an employer, and if they were acting with what we call the course and scope of their employment, then there could be potentially additional coverage that would cover a person for those injuries. **Allan Siegel (01:27):** We’ve been handling car accident cases since Don Chaikin founded this firm over 50 years ago. Since we spend a lot of time and we have a lot of those cases, we have developed a level of experience and knowledge that I think is very unique in our field. There aren’t many law firms who can say that they’ve been doing this type of work for over 50 years. **Ira Sherman (01:52):** I care enough to look to determine who this person is and how it affected them, and that takes up a lot of my conversation with our clients. The District of Columbia – like Maryland and Virginia – operates under an old and often harsh legal rule called “contributory negligence.” This means that if you are injured by someone else’s negligence, if you bore any responsibility for the incident – even if the wrongdoer was much more at fault than you – then you are not legally entitled to any [compensation for your injuries.](https://www.chaikinandsherman.com/2008/03/learning-about-a-lawsuit/) This can be a particularly harsh result in[automobile collision cases.](https://www.chaikinandsherman.com/2012/10/new-techonology-used-in-vehicle-collisions/) The[doctrine of contributory negligence](https://www.chaikinandsherman.com/2013/11/contributory-negligence-its-all-or-nothing/) has been widely criticized for unfairly[limiting the rights of injured victims,](https://www.chaikinandsherman.com/2013/12/why-do-i-need-a-personal-injury-lawyer/) including those who contribute to their accidents with the slightest percentage of fault. In other states, victims are often protected by a different legal standard under which they can still seek financial compensation even if they are up to 50% responsible for causing an accident. Fortunately, earlier this year, the D.C. Council put a limit on the doctrine of contributory negligence in cases where a pedestrian or bicyclist is injured. Under the new D.C. Code Section 50-2204.52, a different legal doctrine – often called “comparative negligence” – now applies to such cases. Under the law, **as long as the driver of the motor vehicle was mostly at fault, then the pedestrian or bicyclist who was injured can still recover**. To take one example, if (like many people) you cross the street in the middle of the block because it appears safe to do so, but you are injured by a vehicle that was excessively speeding down the roadway, you can now probably still obtain compensation through a lawsuit (even though technically you were supposed to cross in a crosswalk). We should applaud this new law, but we should also encourage the D.C. Council to put all personal injury cases under the modern comparative negligence rule, not just [bicycle accidents](https://www.chaikinandsherman.com/bicycle-accidents/) and [pedestrian accidents](https://www.chaikinandsherman.com/pedestrian-accidents/) – just like 46 other states in our country. If you or anyone you know has been injured in a motor vehicle collision, you should [contact](https://www.chaikinandsherman.com/contact-us/) the personal injury attorneys at Chaikin, Sherman, Cammarata & Siegel, P.C., for a free consultation. [Watch Our Video Testimonials](https://www.chaikinandsherman.com/blog/testimonials-hub/) ![Main CSCS Video - Thumb 1](https://www.chaikinandsherman.com/wp-content/uploads/2024/11/1.png) Get free advice about the compensation you deserve. At Chaikin, Sherman, Cammarata & Siegel, P.C., our car accident attorneys fight tirelessly to secure the compensation you deserve, handling every aspect of your case to protect your rights. Trust us to stand by you and advocate aggressively on your behalf. [Free Case Evaluation](https://www.chaikinandsherman.com/contact-us/) Visit Us in Person 1232 17th St NW Washington, DC 20036 The car accident lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. serve the entire Washington, D.C. metro area, including [Virginia](https://www.chaikinandsherman.com/car-accidents/virginia/) ([Northern Virginia car accident cases](https://www.chaikinandsherman.com/car-accidents/northern-virginia/), [Arlington](https://www.chaikinandsherman.com/car-accidents/auto-accident-attorneys-in-arlington-va/), [Fairfax County auto accident claims](https://www.chaikinandsherman.com/car-accidents/fairfax/), [Woodbridge](https://www.chaikinandsherman.com/car-accidents/woodbridge-va/), [Manassas](https://www.chaikinandsherman.com/car-accidents/manassas-va/), and [Alexandria](https://www.chaikinandsherman.com/car-accidents/alexandria/)) and Maryland ([Bethesda](https://www.chaikinandsherman.com/car-accidents/bethesda/), [Hyattsville](https://www.chaikinandsherman.com/car-accidents/hyattsville/), [Rockville](https://www.chaikinandsherman.com/car-accidents/rockville/), [Lau Top 10 Mistakes Made After an Accident Review these common auto accident mistakes to protect your rights. READ OUR E-BOOK](https://www.chaikinandsherman.com/car-accidents/laurel/) Meet Our Team [Learn More About Us](https://www.chaikinandsherman.com/about-us/) Ira Sherman Partner Licensed in Washington, D.C., Maryland, and New York With over four decades of courtroom experience, **Ira Sherman** is a powerhouse trial lawyer who has won justice for countless victims of serious injury, discrimination, and medical malpractice. Known for his relentless advocacy, compassion, and proven results, he’s the attorney clients trust when everything is on the line. [Ira Sherman's Bio](https://chaikinandsherman.com/attorney-profiles/ira-sherman/) Joseph Cammarata Partner Licensed in Washington, D.C., Maryland, and Virginia A dual board-certified civil trial attorney, **Joseph Cammarata** is nationally recognized for his fierce advocacy, landmark legal victories, and relentless pursuit of justice for victims of serious injury, wrongful death, sexual assault, and civil rights violations. With wins against powerful opponents—including a historic U.S. Supreme Court case securing equal access to justice—he’s the attorney clients trust when they need skill, strength, and results that matter. [Joe Cammarata's Bio](https://chaikinandsherman.com/attorney-profiles/joseph-cammarata/) Allan M. Siegel​ Partner Licensed in Washington, D.C., Maryland, and Virginia **Allan M. Siegel** is a board-certified trial attorney and partner at Chaikin, Sherman, Cammarata & Siegel, P.C., known for securing justice in serious personal injury, brain injury, and wrongful death cases. Recognized as one of Washington’s *Top 100 Super Lawyers®* and a *Best Lawyer®* in America, he combines strategic precision, courtroom skill, and relentless advocacy to win full and fair compensation for his clients. [Allan Siegel's Bio](https://www.chaikinandsherman.com/attorney-profiles/allan-m-siegel) Stephen Ollar Partner Licensed in Washington, D.C., Maryland, and Virginia **Stephen Ollar** is an award-winning trial attorney and U.S. Army veteran dedicated to holding negligent individuals and corporations accountable. Recognized as a *Super Lawyers Rising Star* from 2020–2025, he’s known for his tenacity, precision, and unwavering pursuit of justice in personal injury, auto accident, and medical malpractice cases. [Stephen Ollar's Bio](https://www.chaikinandsherman.com/attorney-profiles/stephen-ollar/) ## Related Articles [Read More Blog Articles](/blog/) ### [Why Some Insurance Companies Take Longer to Settle After a Car Accident in Washington, DC](https://www.chaikinandsherman.com/car-accidents/why-some-car-insurance-companies-take-longer-to-settle/) ### [Washington, DC Tint Laws](https://www.chaikinandsherman.com/car-accidents/washington-dc-tint-laws/) ### [Why Insurance Companies Lowball Car Accident Settlements in Washington, DC](https://www.chaikinandsherman.com/car-accidents/lowball-car-accident-settlements/) ### [Economic VS Non-Economic Damages In Washington, DC Car Accident Cases](https://www.chaikinandsherman.com/car-accidents/economic-vs-non-economic-damages/) ### [How Speeding Affects Liability In a Washington, DC Car Accident Case](https://www.chaikinandsherman.com/car-accidents/excessive-speed/how-speeding-affects-liability/) ### [Car Accident Lawyer Arlington, VA](https://www.chaikinandsherman.com/car-accidents/arlington/) ### [Should You Talk To the Other Person’s Insurance Company?](https://www.chaikinandsherman.com/car-accidents/other-drivers-insurance/) ### [100 Deadliest Days of Summer](https://www.chaikinandsherman.com/car-accidents/100-deadliest-days/) ### [How To Deal With Insurance Adjusters](https://www.chaikinandsherman.com/car-accidents/what-to-do-after-a-car-accident/insurance-adjusters/) Brain Injury ### [Liability and Umbrella Insurance Protects You and Your Family](https://www.chaikinandsherman.com/blog/2021/12/liability-and-umbrella-insurance-protects-you-and-your-family/) As we enter a new year, it is the perfect opportunity to take stock of [Read More »](https://www.chaikinandsherman.com/blog/2021/12/liability-and-umbrella-insurance-protects-you-and-your-family/) 12/16/2021 Car Accidents ### [The Courts Have Reopened and the Doors are Wider Than Ever](https://www.chaikinandsherman.com/blog/2021/08/the-courts-have-reopened-and-the-doors-are-wider-than-ever/) For months, the coronavirus pandemic practically shut down the courts in the District of Columbia, [Read More »](https://www.chaikinandsherman.com/blog/2021/08/the-courts-have-reopened-and-the-doors-are-wider-than-ever/) 08/25/2021 Car Accidents ### [Law Firm Receives Super Lawyers Awards for 11th Consecutive Year](https://www.chaikinandsherman.com/blog/2021/08/law-firm-receives-super-lawyers-awards-for-11th-consecutive-year/) The 2021 Washington, DC Super Lawyers® annual list of “Top Lawyers” was recently featured in [Read More »](https://www.chaikinandsherman.com/blog/2021/08/law-firm-receives-super-lawyers-awards-for-11th-consecutive-year/) 08/25/2021 Bus Accidents ### [School Bus Safety](https://www.chaikinandsherman.com/blog/2021/08/school-bus-safety/) There are more than 471,000 school buses on the roads every day. School bus safety [Read More »](https://www.chaikinandsherman.com/blog/2021/08/school-bus-safety/) 08/18/2021 ```json-ld {"@context":"https://schema.org","@graph":[{"@type":"LegalService","@id":"https://chaikinandsherman.com/#firm","name":"Chaikin, Sherman, Cammarata & Siegel Personal Injury Lawyers","url":"https://www.chaikinandsherman.com/","telephone":"+1-202-659-8600","email":"publicrelations@dc-law.net","logo":"https://www.chaikinandsherman.com/wp-content/uploads/2024/08/new-logoBaskerville@2x.png","image":"https://www.chaikinandsherman.com/wp-content/uploads/2024/08/cscs-firm-photo.jpg","description":"Chaikin, Sherman, Cammarata & Siegel is a Washington D.C. personal injury law firm with decades of experience representing accident victims throughout DC, Maryland, and Virginia.","foundingDate":"1969","address":{"@type":"PostalAddress","streetAddress":"1232 17th St NW","addressLocality":"Washington","addressRegion":"DC","postalCode":"20036","addressCountry":"US"},"founder":[{"@type":"Person","name":"Joseph Chaikin","address":{"@type":"PostalAddress","streetAddress":"1232 17th St NW","addressLocality":"Washington","addressRegion":"DC","postalCode":"20036","addressCountry":"US"}},{"@type":"Person","name":"Ira Sherman","address":{"@type":"PostalAddress","streetAddress":"1232 17th St NW","addressLocality":"Washington","addressRegion":"DC","postalCode":"20036","addressCountry":"US"}}],"employee":[{"@type":"Attorney","name":"Allan M. 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