wa-law.org > bill > 2025-26 > HB 1518 > Original Bill
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Any major motor vehicle operator involved in a collision with a pedestrian, bicycle, or minor motor vehicle shall be presumed to have negligently caused the collision in any tort action alleging liability for the collision.
Any minor motor vehicle or bicycle operator involved in a collision with a pedestrian shall be presumed to have negligently caused the collision in any tort action alleging liability for the collision.
In any cause of action subject to this section:
The defendant is presumed to have breached his or her duty of care by negligently causing the collision, but the defendant may rebut this presumption by proving, by a preponderance of the evidence, that the defendant was not negligent or that the defendant's negligence did not cause the collision.
The plaintiff has the burden to prove by a preponderance of the evidence the plaintiff's damages and that the defendant's negligence was the actual and proximate cause of the plaintiff's damages.
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In any cause of action subject to this section, a prevailing plaintiff is entitled to recover: (i) Actual damages, including economic and noneconomic damages; and (ii) statutory damages of $1,500.
If a defendant disputes a presumption under subsection (2)(a) of this section, but the trier of fact finds the defendant breached his or her duty of care by negligently causing the collision, a prevailing plaintiff is entitled to recover reasonable attorney fees and actual costs, including expert fees, related to the disputed presumption.
If a defendant has previously been found civilly or criminally liable for collisions involving a total of three or more pedestrians, persons riding bicycles, or minor motor vehicle operators, a prevailing plaintiff may recover punitive damages.
If a vehicle or bicycle operator is unknown, the legal owner of the vehicle or bicycle shall be presumed to have been the vehicle or bicycle operator at the time of the collision, but the owner may rebut this presumption by proving, by a preponderance of the evidence, that the owner was not driving the vehicle or controlling the bicycle at the time of the collision, and was not responsible for the safe operation of the vehicle or bicycle at the time of the collision.
In any cause of action subject to this section, if the trier of fact determines that the plaintiff was contributorily negligent and such negligence was a proximate cause of the collision, the contributory fault standards in chapter 4.22 RCW apply.
This section is cumulative and nonexclusive and does not affect any other civil remedy or criminal law.
The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
"Bicycle" means every device propelled solely by human power, upon which a person or persons may ride, having two tandem wheels or three wheels.
"Major motor vehicle" means a self-propelled device that is capable of being moved upon any street, road, or highway, and in, upon, or by which any persons or property are or may be transported or drawn, and which: (i) Weighs 200 pounds or more; or (ii) is capable of motorized speeds in excess of 28 miles per hour.
"Minor motor vehicle" means a self-propelled device that is capable of being moved upon any street, road, or highway, and in, upon, or by which any persons or property are or may be transported or drawn, and which is not a major motor vehicle.
"Owner" has the same meaning as provided in RCW 46.04.380.
"Pedestrian" has the same meaning as provided in RCW 46.04.400.
"Vehicle or bicycle operator" includes: (i) A person in control of the vehicle or bicycle; (ii) a person who has a responsibility to control the vehicle or bicycle and fails to do so; (iii) a person in remote control of the vehicle; (iv) a person who has a responsibility to remotely control the vehicle and fails to do so; and (v) the employer or principal of any person listed in this subsection while such person is acting on behalf of the employer or principal.