Vehicle collision liability

AN ACT Relating to enhancing public safety by establishing 1
liability standards for certain vehicle collisions; adding a new 2
section to chapter 4.24 RCW; and prescribing penalties.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 4.24 RCW 5
to read as follows: 6
(1)(a) Any major motor vehicle operator involved in a collision 7
with a pedestrian, bicycle, or minor motor vehicle shall be presumed 8
to have negligently caused the collision in any tort action alleging 9
liability for the collision. 10
(b) Any minor motor vehicle or bicycle operator involved in a 11
collision with a pedestrian shall be presumed to have negligently 12
caused the collision in any tort action alleging liability for the 13
collision. 14
(2) In any cause of action subject to this section:15
(a) The defendant is presumed to have breached his or her duty of 16
care by negligently causing the collision, but the defendant may 17
rebut this presumption by proving, by a preponderance of the 18
evidence, that the defendant was not negligent or that the 19
defendant's negligence did not cause the collision.20
H-0577.2
HOUSE BILL 1518
State of Washington 69th Legislature 2025 Regular Session
By Representatives Reed and Doglio
Read first time 01/22/25. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 1518
(b) The plaintiff has the burden to prove by a preponderance of 1
the evidence the plaintiff's damages and that the defendant's 2
negligence was the actual and proximate cause of the plaintiff's 3
damages. 4
(3)(a) In any cause of action subject to this section, a 5
prevailing plaintiff is entitled to recover: (i) Actual damages, 6
including economic and noneconomic damages; and (ii) statutory 7
damages of $1,500. 8
(b) If a defendant disputes a presumption under subsection (2)(a) 9
of this section, but the trier of fact finds the defendant breached 10
his or her duty of care by negligently causing the collision, a 11
prevailing plaintiff is entitled to recover reasonable attorney fees 12
and actual costs, including expert fees, related to the disputed 13
presumption. 14
(c) If a defendant has previously been found civilly or 15
criminally liable for collisions involving a total of three or more 16
pedestrians, persons riding bicycles, or minor motor vehicle 17
operators, a prevailing plaintiff may recover punitive damages.18
(4) If a vehicle or bicycle operator is unknown, the legal owner 19
of the vehicle or bicycle shall be presumed to have been the vehicle 20
or bicycle operator at the time of the collision, but the owner may 21
rebut this presumption by proving, by a preponderance of the 22
evidence, that the owner was not driving the vehicle or controlling 23
the bicycle at the time of the collision, and was not responsible for 24
the safe operation of the vehicle or bicycle at the time of the 25
collision. 26
(5) In any cause of action subject to this section, if the trier 27
of fact determines that the plaintiff was contributorily negligent 28
and such negligence was a proximate cause of the collision, the 29
contributory fault standards in chapter 4.22 RCW apply.30
(6) This section is cumulative and nonexclusive and does not 31
affect any other civil remedy or criminal law. 32
(7) The definitions in this subsection apply throughout this 33
section unless the context clearly requires otherwise.34
(a) "Bicycle" means every device propelled solely by human power, 35
upon which a person or persons may ride, having two tandem wheels or 36
three wheels. 37
(b) "Major motor vehicle" means a self-propelled device that is 38
capable of being moved upon any street, road, or highway, and in, 39
upon, or by which any persons or property are or may be transported 40
p. 2 HB 1518
or drawn, and which: (i) Weighs 200 pounds or more; or (ii) is 1
capable of motorized speeds in excess of 28 miles per hour.2
(c) "Minor motor vehicle" means a self-propelled device that is 3
capable of being moved upon any street, road, or highway, and in, 4
upon, or by which any persons or property are or may be transported 5
or drawn, and which is not a major motor vehicle. 6
(d) "Owner" has the same meaning as provided in RCW 46.04.380.7
(e) "Pedestrian" has the same meaning as provided in RCW 8
46.04.400. 9
(f) "Vehicle or bicycle operator" includes: (i) A person in 10
control of the vehicle or bicycle; (ii) a person who has a 11
responsibility to control the vehicle or bicycle and fails to do so; 12
(iii) a person in remote control of the vehicle; (iv) a person who 13
has a responsibility to remotely control the vehicle and fails to do 14
so; and (v) the employer or principal of any person listed in this 15
subsection while such person is acting on behalf of the employer or 16
principal. 17
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