wa-law.org > bill > 2025-26 > HB 2095 > Original Bill
It is the intent of the legislature to establish educational requirements to provide law enforcement officers, prosecutors, and judges with information regarding state laws protecting vulnerable users of public ways.
Additionally, it is the intent of the legislature to strengthen options for vulnerable users of public ways to obtain civil remedies against negligent vehicle operators who injure or kill vulnerable road users in protected areas.
Subject to the availability of amounts appropriated for this specific purpose, the Washington state criminal justice training commission shall, in consultation with the Washington association of prosecuting attorneys, develop and provide educational classes and materials regarding negligent driving with a vulnerable user victim in the first and second degree in violation of chapter 46.61 RCW to all law enforcement officers in Washington who enforce traffic laws or respond to traffic injuries or fatalities, and to all prosecutors in Washington who enforce traffic laws or who initiate civil infraction or criminal proceedings in response to traffic injuries or fatalities. Educational classes and materials covered by this section shall be provided to all qualifying law enforcement officers and prosecutors within three months of the beginning of their employment and at least once every three years thereafter. All educational classes and materials covered by this subsection must include, but are not limited to: (a) For all qualifying law enforcement officers and prosecutors, coverage of fact patterns that illustrate probable instances of negligent driving with a vulnerable user victim in the first and second degree; and (b) for qualifying law enforcement officers, best practices for responding to traffic injuries and fatalities involving vulnerable users of public ways.
The Washington state criminal justice training commission and the Washington association of prosecuting attorneys shall develop and begin providing the educational classes and materials covered by this section no later than July 1, 2027.
All qualifying law enforcement officers and prosecutors under subsection (1) of this section must complete the educational classes and materials required by this section within six months of the beginning of their employment and every three years thereafter.
Subject to the availability of amounts appropriated for this specific purpose, the Washington state administrative office of the courts shall develop and provide educational classes and materials regarding negligent driving with a vulnerable user victim in the first and second degree in violation of chapter 46.61 RCW to all judicial officers and judges pro tempore in Washington who hear cases involving violations of traffic laws or which involve traffic injuries or fatalities. The educational classes and materials covered by this section must include, but are not limited to, coverage of fact patterns that illustrate probable instances of the crime of negligent driving with a vulnerable user victim in the first and second degree and all statutory penalties.
The administrative office of the courts shall develop and begin providing all educational classes and materials covered by this section no later than January 1, 2028.
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Any person who operates a vehicle in a manner that proximately causes the injury or death of a vulnerable user of a public way shall be presumed to have acted negligently in any tort action alleging liability for the injury or death, but this presumption may be rebutted by the defendant.
The presumption of negligence established in this section only applies when the vulnerable user of a public way was injured or killed by the defendant while the vulnerable user was present on a sidewalk, or in a crosswalk, bicycle lane, or other designated lane, path, or area established by state or local law for the use of vulnerable users of a public way.
In any cause of action subject to this section:
The defendant is presumed to have breached his or her duty of care towards the plaintiff by acting negligently, but the defendant may rebut this presumption by proving, by a preponderance of the evidence, that the defendant was not negligent;
The plaintiff must prove by a preponderance of the evidence:
That the plaintiff was a vulnerable user of a public way who was injured or killed while present on a sidewalk, or in a crosswalk, bicycle lane, or other designated lane, path, or area established by state or local law for the use of vulnerable users of a public way;
The plaintiff's damages; and
That the defendant's negligence was the proximate cause of the plaintiff's damages;
A prevailing plaintiff is entitled to recover:
Actual damages, including economic and noneconomic damages;
Statutory damages of $1,500; and
Reasonable attorneys' fees and actual costs, including expert fees;
If a defendant has previously been found civilly or criminally liable for injuring or killing three or more vulnerable road users while operating a vehicle, a prevailing plaintiff may also recover punitive damages.
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.
"Negligent" has the meaning provided in RCW 46.61.525.
"Vehicle" has the meaning provided in RCW 46.04.670.
"Vulnerable user of a public way" has the meaning provided in RCW 46.61.5259.
This act takes effect July 1, 2026.