North Dakota Bill Would Protect Drivers Who 'Unintentionally' Hit Protestors

If you’re planning on taking to the streets of North Dakota to protest the Dakota Access Pipeline, you might want to keep your head on a swivel.

A bill sponsored by state Rep. Keith Kempenich, R-Bowman, N.D., would prevent legal ramifications for drivers who inadvertently hit, injure or kill protesters who are blocking traffic, according to the Star Tribune. Instead, the bill would shift liability to those who bring their protests onto the roads.

“This bill puts the onus on somebody who’s made a conscious decision to put themselves in harm’s way,” Kempenich said, via the Star Tribune. “You can protest all you want, but you can’t protest up on a roadway. It’s dangerous for everybody.”

Kempenich acknowledged that the bill is a response to the protests occurring at the Standing Rock Indian Reservation. The protests have blocked a nearby highway for months and halted construction on a pipeline that would carry crude oil from North Dakota.

The primary concern for those opposed to the bill is whether it would protect, or provoke drivers. The reason reason for concern lies within the bill’s language.

The proposed legislation would free drivers who “negligently” injure or kill pedestrians who are “obstructing vehicular traffic on a public road, street or highway.” Additionally, the bill states anyone who “unintentionally” kills a pedestrian who’s blocking traffic “is not guilty of an offense.”

Kempenich reportedly said he plans to “soften” the language in the bill, which some have taken issue with. But he also clarified his word choice was based on insurance industry standards.

One of Kempenich’s main concerns is if a driver panics and “they hit the gas instead of the brake,” causing them to hit a protester. Although, it’s worth noting if a driver rear-ends another car for the same reason, they would still be deemed responsible for the accident.

The representative expects to have a hearing for the bill in the near future.