Rear End Collision
$2,300,000
Insurer offered$85,000
Spinal cord injury after a rear end crash. The insurer offered $85,000.
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D.C. Code 50-2204.52: The Motor Vehicle Collision Recovery Act for Pedestrians and Cyclists
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In Washington, D.C., D.C. Code 50-2204.52 lets a pedestrian or cyclist hit by a car recover damages unless their own negligence was greater than the driver's, replacing the old rule that any fault barred the claim. Drivers and passengers are still bound by contributory negligence. Top USA Law proves who was at fault. Call (877) 411-5291.
What does D.C. Code 50-2204.52 say?
D.C. Code section 50-2204.52 is the codified section of the Motor Vehicle Collision Recovery Act of 2016. Before the Act, the District followed pure contributory negligence in every car accident case: if the injured person was even one percent at fault, the claim was barred entirely. The Act changed that rule for one group of people. Under section 50-2204.52, a pedestrian, bicyclist or other non motorized user of a public highway who is injured in a collision with a motor vehicle is not barred from recovery by their own negligence unless that negligence was greater than the combined negligence of the defendants.
In plain terms, a pedestrian or cyclist in the District recovers unless they were more than 50 percent responsible for the crash. A driver or a passenger in a car does not get the benefit of the Act. For them, the common law rule still applies and any share of fault, however small, can defeat the claim.
The Act also preserved the last clear chance doctrine and the general rule that a person who intentionally causes their own injury cannot recover, so the analysis in every case still turns on the specific evidence of what each person did.
When does the Collision Recovery Act apply to you?
It applies when you were on foot, on a bicycle, on a scooter or otherwise using the roadway without a motor, and a motor vehicle hit you. The Act covers e bikes and personal mobility devices in the categories the statute lists as non motorized or low speed users, and it applies on public highways and sidewalks in the District.
How the comparison works
The question is whether your negligence was greater than the aggregated negligence of everyone you are suing. If a driver turned into a crosswalk while you crossed against a flashing hand, an insurer will argue you share fault. The claim survives as long as your share is 50 percent or less. Because the District's rule for drivers remains so harsh, insurers often try to characterize a cyclist or scooter rider as a motorist. The statute's definitions answer that argument, and we raise them early.
A worked example
A cyclist in a marked bike lane on 14th Street NW is struck by a driver making a right turn without signaling. The insurer says the cyclist was speeding. Even if a jury accepted that the cyclist was 30 percent at fault, section 50-2204.52 allows recovery because 30 percent is not greater than the driver's 70 percent. Under the old rule, and under the rule that still applies to a driver in a car, that same 30 percent finding would have ended the case.
What the Act does not change
It does not change the three year deadline to file under D.C. Code section 12-301, the six month notice to the District under D.C. Code section 12-309 when a District vehicle is involved, or the two year wrongful death limit under D.C. Code section 16-2702. It also does not create a no fault system: a District pedestrian's medical bills are paid by health insurance and then recovered from the driver's liability insurer as part of the claim.
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Results in cases like this
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$1,800,000
Insurer offered$120,000
Broken pelvis and internal bleeding at an intersection. The insurer offered $120,000.
Drunk Driver Victim
$1,500,000
Insurer offered$50,000
Traumatic brain injury caused by an impaired driver. The insurer offered $50,000.
Every case is different. Past results do not guarantee, warrant, or predict a similar outcome.
Where we help in Washington, D.C.
How Top USA Law uses the Act in Washington, D.C.
In every pedestrian and cyclist case we gather the evidence that fixes the driver's fault above 50 percent: camera footage from nearby buildings and buses, the crash report, witness statements and the physical layout of the intersection. Andranik "Andy" Boyadzhyan is licensed in the District of Columbia. Read the Washington, D.C. car accident lawyer page or call (877) 411-5291.
Related Washington, D.C. statute guides
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Frequently Asked Questions
Does the Motor Vehicle Collision Recovery Act apply to drivers?
No. D.C. Code section 50-2204.52 applies only to pedestrians, bicyclists and other non motorized or low speed users of the road. A driver or passenger in a motor vehicle is still subject to the District's common law contributory negligence rule, under which any fault can bar the claim.
What happens if I was exactly 50 percent at fault as a pedestrian?
You can still recover. The Act bars recovery only when your negligence was greater than the combined negligence of the defendants, so a 50 percent share does not defeat the claim.
Does the Act apply to scooters and e bikes?
The statute covers bicyclists, pedestrians and other non motorized users, and the District's definitions extend it to personal mobility devices and low speed electric bicycles. Whether a particular device qualifies depends on its classification, which we address in the first review of the case.
Does the Act change how long I have to sue?
No. The three year limit under D.C. Code section 12-301 still applies, the six month notice to the Mayor under D.C. Code 12-309 still applies when the District government is involved, and wrongful death claims still have two years under D.C. Code 16-2702.
Last reviewed by Andranik "Andy" Boyadzhyan, Esq., September 2026.
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