Proposed 'ROAD Act' Creates Legal Shield for Drivers Causing Damage During Riots

The proposed Reinstating Orderly Access for Drivers Act (the ROAD Act) introduces a controversial new defense into federal law that could fundamentally alter who is held financially and criminally responsible for damage caused during civil unrest. Specifically, this bill creates an "affirmative defense" for anyone facing a criminal charge or civil lawsuit for causing personal injury, wrongful death, or property damage with a vehicle during an event, provided they can prove they were part of a riot.

The Riot Defense: A Get-Out-of-Jail-Free Card?

This isn't just bureaucratic language; it’s a massive carve-out in liability. If you use your car to damage property or injure someone during a riot, you can now argue in court that you shouldn't be held liable because you were furthering that riot (Section 2). To use this defense, you must prove your participation in the riot, either by having a prior conviction for inciting a riot or by demonstrating your involvement with a "preponderance of the evidence”—a lower standard than required for a criminal conviction. Essentially, the bill suggests that participating in an unlawful assembly can become a shield against the consequences of actions taken within that assembly.

The Real-World Impact on Victims

Imagine you are a small business owner whose storefront is damaged, or worse, a pedestrian injured by a vehicle during a civil disturbance. Under current law, you sue the driver to recover damages. With the ROAD Act, that driver can now tell the court, "I was part of the riot, so I’m not liable." This provision directly impacts victims’ rights to seek compensation and accountability. The bill effectively rewards participation in a riot by reducing the legal and financial risk associated with causing harm while doing so.

The Civil Case Freeze

If you are a victim pursuing a civil lawsuit for damages, the ROAD Act throws up another major hurdle: the mandatory stay (pause) on civil cases. If the defendant claims this new riot defense and there is a related criminal case pending against them—even if it’s just an investigation—the court must freeze your civil case (Section 2). This means that even if you have clear evidence of injury or damage, the entire process of getting compensation could be put on hold indefinitely until the criminal proceedings conclude. For a family needing funds for medical bills or a business needing repairs, this mandatory delay could be devastating, turning a straightforward civil claim into a years-long waiting game.