A D.C. Council vote on a bill that would make it easier for cyclists and pedestrians to collect damages in road accidents was delayed for a second time Wednesday evening, facing increasing opposition from the insurance industry and several council members.

The Bicycle and Motor Vehicle Collision Recovery Amendment Act of 2014 would protect vulnerable road users by establishing a comparative negligence standard to replace the current provision. Under the current system, termed “contributory negligence,” if one party of a collision is found to be at all responsible, that party cannot collect any damages. The change to a comparative standard would allow for injured parties to receive damages in proportion to each party’s negligence.

D.C. Councilmember David Grosso (I-At Large), one of the bill’s sponsors, said he does not believe the bill will pass this year, attributing the resistance to the bill to the long history of contributory negligence standards in the city and in neighboring states. Although 46 states have already adopted the updated comparative standards, Washington, D.C., Maryland and Virginia all still have contributory negligence laws on the books.

“It’s a matter of justice when it comes to incidents where somebody has been injured or something has happened that you make sure people are covered for their injuries,” Grosso said. “To say that 1 percent on your part would totally preclude you from anything is a huge mistake.”

Washington Area Bicyclist Association Advocacy Coordinator Greg Billing called the current D.C. law antiquated, as most other states switched over to comparative negligence between the 1960s and 1980s. He stressed the importance of looking to the success of the rest of the nation when considering this specific bill.

“We’re definitely not leading. We’re trying to catch up,” he said. “Why that’s helpful is that it gives the lawmakers 46 other states’ histories of what laws they changed and how that affected the jurisdiction. We can pick the best model out there that protects some things that trial lawyers want to protect, but still moves us to a fairer standard.”

Despite the widespread comparative negligence laws, the insurance agencies still oppose the bill, since they considerably benefit from contributory negligence as they can deny coverage to any person found at least somewhat responsible for a collision

Vice President of the American Insurance Association Eric Goldberg told The Washington Post that a system of comparative fault results in higher insurance costs, which could be problematic for lower-income D.C. residents.

“When costs go up, people who are most affected are people with few means. They are the ones who are least able to afford these cost increases and they may drop the coverage and that doesn’t benefit anybody,” Goldberg told The Washington Post.

According to the most recent data from the National Highway Traffic Safety Administration, 2012 saw a 6.4 percent increase in pedestrian fatalities and a 7.1 percent increase in motorcycle rider fatalities from 2011.

Billing said that that even if the specific bill fails to pass the council, the problem of protecting vulnerable road users must be addressed.

“Those numbers are trending upward, so the problem is not going away, and the number of people that are in crashes and have their claims denied are not going away, so we will continue to pursue solutions to this problem,” Billing said. “We’re going to push for this change because it’s an important one.”

Grosso said in negotiations and amendments to the bill moving forward, he will focus on broadening the legislation to include all road users, as the narrow focus on bicyclists and pedestrians was a cause of concern for several council members. Future versions of a comparative negligence bill will likely cover all types of collisions.

“When I introduced it, I probably should have been more cautious about making sure I included everybody from the beginning — all vulnerable users of our roadway,” he said.

Alyssa Kasher (COL ’15), captain of Club Triathlon, said she often feels unsafe riding her bike in the Georgetown area, particularly with the heavy traffic, though there have not been any accidents with the club’s members this semester.

“A lot of popular cycling routes have road signs that warn drivers to yield or watch for cyclists, but many drivers ignore these warnings. There have been many instances, especially over the summer, where I’ve been pushed off the road by a car that didn’t want to make space as it passed,” she said.

Kasher urged the city to take more steps to protect cyclists, starting with the comparative negligence bill.

“Increased protection would definitely be better for the team,” she said. “Everybody on the team should be comfortable riding on the roads in D.C., and the current reality is that driving behavior makes it difficult for all levels of cyclists to feel safe.”