It’s common to wonder if you can still pursue a wrongful death claim if your loved one may have shared some responsibility for the accident or circumstances that led to their passing. Many fatal incidents are not straightforward; fault is often split between multiple people or parties, and your family member may be partially to blame.
Families shouldn’t assume they have no right to compensation just because their loved one played some role in an accident. Knowing where the law draws the line can help you make the most informed choices about your family’s options during a difficult time. Contact our wrongful death attorneys in Washington DC to discuss your legal options today.
What Is Contributory Negligence?
In Washington, DC, the principle of contributory negligence applies to wrongful death cases. This is one of the strictest fault standards in the country: if the deceased is found to be even a little bit at fault for the accident that caused their death, their family may be completely barred from recovering any compensation through a wrongful death claim.
This is different from other states that usually allow recovery as long as the defendant/decedent isn’t more than 50 or 51% at fault. If you lost a loved one due to someone else’s negligence in an auto accident, our car accident lawyers in Washington D.C. can help fight for the compensation you deserve.
The Major Exception: Vulnerable Road Users
While DC’s strict contributory negligence rule can block wrongful death claims in most cases, there is an important exception for people who lose their life while they are considered “vulnerable road users.”
“(13) “Vulnerable user” means an individual using an all-terrain vehicle, bicycle, dirt bike, electric mobility device, motorcycle, motorized bicycle, motor-driven cycle, non-motorized scooter, personal mobility device, skateboard, or other similar device.”.
Motor Vehicle Collision Recovery Act (MVCRA)
The MVCRA specifically protects vulnerable road users such as pedestrians, cyclists, e-bikes, and users of e-scooters from being unfairly penalized by the contributory negligence rule. Instead of an absolute bar on recovery, the law uses a “modified comparative negligence” standard.
How Modified Comparative Negligence Works
If your loved one, as a vulnerable road user, was not more at fault than the driver (in other words, their negligence is 50% or less), you can still file a wrongful death suit. Any compensation awarded will simply be reduced by the percentage of fault assigned to your loved one.
(a) Unless the plaintiff’s negligence is a proximate cause of the plaintiff’s injury and greater than the aggregated total negligence of all the defendants that proximately caused the plaintiff’s injury, the negligence of the following shall not bar the plaintiff’s recovery in any civil action in which the plaintiff is one of the following:
“(1) A pedestrian or vulnerable user of a public highway or sidewalk involved in a collision with a motor vehicle or another vulnerable user; or
“(2) A vulnerable user of a public highway or sidewalk involved in a collision with a pedestrian.”
For example, if your loved one is found 25% at fault and the total damages are $100,000, you would collect $75,000.
Scope and Limitations
This exception applies only to collisions between vulnerable road users and motor vehicles. It does not change DC’s contributory negligence rule for matters like medical malpractice, slips-and-falls, or product injuries. Families facing losses from other non-vehicle incidents must still overcome the original strict rule.
Other Ways to Fight a Contributory Negligence Bar
Even with DC’s tough regulations on partial fault, families faced with a wrongful death claim are not entirely without hope even if their loved one is not considered a vulnerable road user.
Last Clear Chance Doctrine
If the evidence shows that, even after your loved one’s mistake, the defendant still had the final opportunity to notice the danger and prevent the harm, your family may still be allowed to make a recovery. This doctrine puts responsibility back on the person who could have acted in that final moment but failed to do so.
If you’ve lost a loved one and someone else was mostly at fault, you deserve justice. Let our team help you figure out what you’re entitled to. Call us today at (202) 919-5453 to schedule a free consultation with personal injury lawyer in DC.