Public way vulnerable users

AN ACT Relating to protecting vulnerable users of public ways; 1
adding a new section to chapter 43.101 RCW; adding a new section to 2
chapter 2.56 RCW; adding a new section to chapter 4.24 RCW; creating 3
a new section; prescribing penalties; and providing an effective 4
date. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. It is the intent of the legislature to 7
establish educational requirements to provide law enforcement 8
officers, prosecutors, and judges with information regarding state 9
laws protecting vulnerable users of public ways.10
Additionally, it is the intent of the legislature to strengthen 11
options for vulnerable users of public ways to obtain civil remedies 12
against negligent vehicle operators who injure or kill vulnerable 13
road users in protected areas. 14
NEW SECTION. Sec. 2. A new section is added to chapter 43.101 15
RCW to read as follows: 16
(1) Subject to the availability of amounts appropriated for this 17
specific purpose, the Washington state criminal justice training 18
commission shall, in consultation with the Washington association of 19
prosecuting attorneys, develop and provide educational classes and 20
H-2464.1
HOUSE BILL 2095
State of Washington 69th Legislature 2026 Regular Session
By Representatives Reed, Parshley, Ryu, Ramel, Doglio, Berry, Obras,
Santos, Cortes, Street, Scott, Fosse, and Pollet
Prefiled 12/02/25. Read first time 01/12/26. Referred to Committee
on Civil Rights & Judiciary.
p. 1 HB 2095
materials regarding negligent driving with a vulnerable user victim 1
in the first and second degree in violation of chapter 46.61 RCW to 2
all law enforcement officers in Washington who enforce traffic laws 3
or respond to traffic injuries or fatalities, and to all prosecutors 4
in Washington who enforce traffic laws or who initiate civil 5
infraction or criminal proceedings in response to traffic injuries or 6
fatalities. Educational classes and materials covered by this section 7
shall be provided to all qualifying law enforcement officers and 8
prosecutors within three months of the beginning of their employment 9
and at least once every three years thereafter. All educational 10
classes and materials covered by this subsection must include, but 11
are not limited to: (a) For all qualifying law enforcement officers 12
and prosecutors, coverage of fact patterns that illustrate probable 13
instances of negligent driving with a vulnerable user victim in the 14
first and second degree; and (b) for qualifying law enforcement 15
officers, best practices for responding to traffic injuries and 16
fatalities involving vulnerable users of public ways.17
(2) The Washington state criminal justice training commission and 18
the Washington association of prosecuting attorneys shall develop and 19
begin providing the educational classes and materials covered by this 20
section no later than July 1, 2027. 21
(3) All qualifying law enforcement officers and prosecutors under 22
subsection (1) of this section must complete the educational classes 23
and materials required by this section within six months of the 24
beginning of their employment and every three years thereafter.25
NEW SECTION. Sec. 3. A new section is added to chapter 2.56 RCW 26
to read as follows: 27
(1) Subject to the availability of amounts appropriated for this 28
specific purpose, the Washington state administrative office of the 29
courts shall develop and provide educational classes and materials 30
regarding negligent driving with a vulnerable user victim in the 31
first and second degree in violation of chapter 46.61 RCW to all 32
judicial officers and judges pro tempore in Washington who hear cases 33
involving violations of traffic laws or which involve traffic 34
injuries or fatalities. The educational classes and materials covered 35
by this section must include, but are not limited to, coverage of 36
fact patterns that illustrate probable instances of the crime of 37
negligent driving with a vulnerable user victim in the first and 38
second degree and all statutory penalties. 39
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(2) The administrative office of the courts shall develop and 1
begin providing all educational classes and materials covered by this 2
section no later than January 1, 2028. 3
NEW SECTION. Sec. 4. A new section is added to chapter 4.24 RCW 4
to read as follows: 5
(1)(a) Any person who operates a vehicle in a manner that 6
proximately causes the injury or death of a vulnerable user of a 7
public way shall be presumed to have acted negligently in any tort 8
action alleging liability for the injury or death, but this 9
presumption may be rebutted by the defendant. 10
(b) The presumption of negligence established in this section 11
only applies when the vulnerable user of a public way was injured or 12
killed by the defendant while the vulnerable user was present on a 13
sidewalk, or in a crosswalk, bicycle lane, or other designated lane, 14
path, or area established by state or local law for the use of 15
vulnerable users of a public way. 16
(2) In any cause of action subject to this section:17
(a) The defendant is presumed to have breached his or her duty of 18
care towards the plaintiff by acting negligently, but the defendant 19
may rebut this presumption by proving, by a preponderance of the 20
evidence, that the defendant was not negligent; 21
(b) The plaintiff must prove by a preponderance of the evidence:22
(i) That the plaintiff was a vulnerable user of a public way who 23
was injured or killed while present on a sidewalk, or in a crosswalk, 24
bicycle lane, or other designated lane, path, or area established by 25
state or local law for the use of vulnerable users of a public way;26
(ii) The plaintiff's damages; and 27
(iii) That the defendant's negligence was the proximate cause of 28
the plaintiff's damages; 29
(c) A prevailing plaintiff is entitled to recover:30
(i) Actual damages, including economic and noneconomic damages;31
(ii) Statutory damages of $1,500; and 32
(iii) Reasonable attorneys' fees and actual costs, including 33
expert fees; 34
(d) If a defendant has previously been found civilly or 35
criminally liable for injuring or killing three or more vulnerable 36
road users while operating a vehicle, a prevailing plaintiff may also 37
recover punitive damages. 38
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(3) This section is cumulative and nonexclusive and does not 1
affect any other civil remedy or criminal law. 2
(4) The definitions in this subsection apply throughout this 3
section unless the context clearly requires otherwise.4
(a) "Negligent" has the meaning provided in RCW 46.61.525.5
(b) "Vehicle" has the meaning provided in RCW 46.04.670.6
(c) "Vulnerable user of a public way" has the meaning provided in 7
RCW 46.61.5259. 8
NEW SECTION. Sec. 5. This act takes effect July 1, 2026.9
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