Washington’s House Bill 1112, which was signed into law in May 2023, has officially taken effect as the new year begins in 2025. This legislation focuses on negligent driving cases that result in injury or death to pedestrians, cyclists, and motorcyclists, reforming the state’s negligent driving laws and introducing a new charge that carries a potential penalty of up to one year in jail.
Mark McKechnie, the Director of External Relations at the Washington Traffic Safety Commission, noted that this new charge effectively addresses a gap in the previous negligent driving laws. With the enactment of the new law, a distinct charge has been established for cases involving injured or deceased vulnerable road users: negligent driving with a vulnerable user victim.
Under the old framework, Washington law included two categories of negligent driving charges: one for endangering someone or their property and another for incidents involving drivers under the influence of drugs or alcohol, which were classified as first-degree negligent driving. If the driver was sober, the charge would be downgraded to second-degree negligent driving. Additionally, the law allowed for increased penalties if a driver’s negligence resulted in the injury or death of a “vulnerable user of a public way,” such as pedestrians and cyclists.
First-degree negligent driving with a vulnerable user victim is classified as a gross misdemeanor. It applies when negligent driving results in the death of a vulnerable road user and requires that three criteria be met: the driver acted negligently, their driving endangered a person or property, and a vulnerable road user died as a consequence.
Second-degree negligent driving with a vulnerable user victim applies when negligent driving leads to the injury, but not the death, of a vulnerable road user. The first-degree charge can incur penalties of up to 364 days in jail, fines ranging from $1,000 to $5,000, and a 90-day suspension of driving privileges. The second-degree charge carries a fine of up to $5,000 and a 90-day license suspension.
Washington law recognizes several categories of vulnerable road users, including those riding:
– Bicycles
– Motorcycles
– Tractors
– Animals
– Electric-assisted bicycles
– Mopeds
– Electric personal assistive mobility devices
– Motor-driven bicycles
– Motorized scooters
Common negligent behaviors that could fall under the new law include failing to check for pedestrians when turning right on red, not reducing speed in residential and school zones, and neglecting to yield to pedestrians at unmarked crosswalks.
While Washington already had a vehicular homicide charge classified as a class A felony—potentially resulting in a life sentence—the new first-degree negligent driving charge is distinct. Under the vehicular homicide law, charges can be brought against drivers who are under the influence or driving recklessly, leading to someone’s death. In legal terms, negligence is defined as “the failure to exercise ordinary care,” whereas recklessness involves a “willful or wanton disregard for the safety of persons or property.”
