Washington 2025-2026 Regular Session Status: Passed House 13 D cosponsors

HB 2095 — Protecting vulnerable users of public ways.

Last action — By resolution, returned to House Rules Committee for third reading.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House. Introduced December 02, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 58% · moderate confidence

  • Passed House

    Current position in the legislative process.

  • 13 sponsors

    1 primary, 12 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (13 D).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

172 added · 154 removed

Plain-language change summary

The updated version of Bill HB 2095 includes specific exceptions to the presumption of negligence for drivers in cases involving vulnerable road users, such as pedestrians and cyclists. Now, if a vulnerable user fails to follow traffic rules, is impaired, or is riding an uncontrollable horse, the presumption of the driver's negligence does not apply. This change matters because it clarifies situations where drivers might not be held liable, potentially influencing how cases involving accidents with vulnerable users are approached in court.

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ENGROSSED SUBSTITUTE HOUSE BILL 2095 State of Washington 69th Legislature 2026 Regular Session By House Civil Rights & Judiciary (originally sponsored by Representatives Reed, Parshley, Ryu, Ramel, Doglio, Berry, Obras, Santos, Cortes, Street, Scott, Fosse, and Pollet) READ FIRST TIME 02/04/26.
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.
amending RCW 46.52.030 and 46.52.070;
1 ESHB 2095 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.
1 HB 2095 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.
(a) The 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.
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.
(b) The educational classes and materials covered by this subsection must include, but are not limited to:
All educational classes and materials covered by this subsection must include, but are not limited to:
(i) For all qualifying law enforcement officers and prosecutors, coverage of fact patterns that illustrate negligent driving with a vulnerable user victim in the first and second degree;
(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 (ii) for qualifying law enforcement officers, best practices for responding to traffic injuries and fatalities involving vulnerable users of public ways.
and (b) for qualifying law enforcement officers, best practices for responding to traffic injuries and fatalities involving vulnerable users of public ways.
(c) To the greatest extent possible, educational classes and materials for law enforcement officers covered by this section must be designed to be delivered during:
(i) An officer's basic law enforcement academy training;
or (ii) regularly scheduled group settings, such as daily roll call, or other forums or formats that minimize disruption of officer duties.
(d) To the greatest extent possible, educational classes and materials for prosecutors covered by this section must be designed to qualify for some continuing legal education credits through the Washington state bar association.
(3) 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, but only if the Washington state criminal justice training commission makes such educational classes and materials available to qualifying law enforcement officers and prosecutors.
(3) 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.
p.
NEW SECTION.
2 ESHB 2095 NEW SECTION.
(a) The educational classes and materials covered by this section must include, but are not limited to, coverage of fact patterns that illustrate negligent driving with a vulnerable user victim in the first and second degree and all statutory penalties.
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.
(b) The educational classes covered by this section must be designed to qualify for some continuing legal education credits through the Washington state bar association.
p.
(2) 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.
2 HB 2095 (2) 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.
(1)(a) Any driver 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 driver.
(1)(a) 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.
(b) The presumption of negligence established in this section only applies when the vulnerable user of a public way was injured or killed by the driver while the vulnerable user was present on a sidewalk or shoulder, or in a crosswalk, bicycle lane, path, or area established by state or local law for the use of vulnerable users of a public way.
(b) 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.
(c) The presumption of negligence established in this section does not apply to an emergency vehicle driver who operates the emergency vehicle within the course and scope of the driver's employment or official duties directly related to the emergency vehicle.
An "emergency vehicle" includes, but is not limited to, an authorized emergency vehicle, as defined in RCW 46.04.040, an organ p.
3 ESHB 2095 transport vehicle, as defined in RCW 46.04.371, a fire apparatus, ambulance, emergency medical service vehicle, or other vehicle used by a public agency or licensed provider for emergency response, rescue operations, or the transport of patients or emergency personnel.
(d) The presumption of negligence established in this section does not apply if:
(i) The vulnerable user failed to abide by traffic control devices including, but not limited to, crosswalk signs, traffic lights, and stop signs;
(ii) The vulnerable user failed to stop at a stop sign, even if the vulnerable user was authorized to proceed without stopping under other state law;
(iii) The vulnerable user was intoxicated or otherwise impaired and failed to abide by traffic control devices and right-of-way laws;
or (iv) The vulnerable user was riding a horse and the horse was acting out of control of its rider.
(a) The driver is presumed to have breached his or her duty of care towards the plaintiff by acting negligently, but the driver may rebut this presumption by proving, by a preponderance of the evidence, that the driver was not negligent;
(a) 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;
(i) That the plaintiff was a vulnerable user of a public way who was injured or killed while present on a sidewalk or shoulder, 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;
(i) 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;
and (iii) That the driver's negligence was the sole proximate cause of the plaintiff's damages;
and (iii) That the defendant's negligence was the proximate cause of the plaintiff's damages;
(d) A prevailing defendant is entitled to recover:
(d) 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.
(i) Actual damages, including economic and noneconomic damages;
p.
(ii) Statutory damages of $1,500;
3 HB 2095 (3) This section is cumulative and nonexclusive and does not affect any other civil remedy or criminal law.
and p.
(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
4 ESHB 2095 (iii) Reasonable attorneys' fees and actual costs, including expert fees;
(e) If a driver subject to liability under this section has previously been found civilly or criminally liable for injuring or killing a vulnerable road user while operating a vehicle, a prevailing plaintiff may also recover punitive damages.
(3) In any cause of action subject to this section that involves both driver and nondriver defendants, the presumption of negligence created by this section applies only against driver defendants and does not apply against nondriver defendants.
(4) This section is cumulative and nonexclusive and does not affect any other civil remedy or criminal law.
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(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(c)(i) "Vulnerable user of a public way" means:
(c) "Vulnerable user of a public way" has the meaning provided in RCW 46.61.5259.
(A) A pedestrian;
(B) A person riding an animal;
or (C) A person operating or riding any of the following on a public way:
(I) A farm tractor or implement of husbandry, without an enclosed shell;
(II) a bicycle;
(III) an electric-assisted bicycle;
(IV) an electric personal assistive mobility device;
(V) a moped;
(VI) a motor-driven cycle;
or (VII) a motorized foot scooter.
(ii) For the purpose of this section, "vulnerable user of a public way" does not include motorcycles.
Sec.
5.
RCW 46.52.030 and 2005 c 171 s 1 are each amended to read as follows:
(1) Unless a report is to be made by a law enforcement officer under subsection (3) of this section, the driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to the property of any one person to an apparent extent equal to or greater than the minimum amount established by rule adopted by the chief of the Washington state patrol in accordance with subsection (5) of this section, shall, within four days after such accident, make a written report of such accident to the chief of police of the city or town if such accident occurred within an incorporated city or town or the county sheriff or state patrol if such accident occurred outside incorporated cities and towns.
Nothing p.
5 ESHB 2095 in this subsection prohibits accident reports from being filed by drivers where damage to property is less than the minimum amount or where a law enforcement officer has submitted a report.
(2) The original of the report shall be immediately forwarded by the authority receiving the report to the chief of the Washington state patrol at Olympia, Washington.
The Washington state patrol shall give the department of licensing full access to the report.
(3) Any law enforcement officer who investigates an accident for which a report is required under subsection (1) of this section shall submit an investigator's report as required by RCW 46.52.070.
(4) The chief of the Washington state patrol may require any driver of any vehicle involved in an accident, of which report must be made as provided in this section, to file supplemental reports whenever the original report in the chief's opinion is insufficient, and may likewise require witnesses of any such accident to render reports.
For this purpose, the chief of the Washington state patrol shall prepare and, upon request, supply to any police department, coroner, sheriff, and any other suitable agency or individual, sample forms of accident reports required hereunder, which reports shall be upon a form devised by the chief of the Washington state patrol and shall call for sufficiently detailed information to disclose all material facts with reference to the accident to be reported thereon, including the location, the circumstances, the conditions then existing, the persons and vehicles involved, the insurance information required under RCW 46.30.030, personal injury or death, if any, the amounts of property damage claimed, the total number of vehicles involved, whether the vehicles were legally parked, legally standing, or moving, whether such vehicles were occupied at the time of the accident, ((and)) whether any driver involved in the accident was distracted at the time of the accident, and whether the accident involved a "vulnerable user of a public way," as that term is defined in RCW 46.61.5259, and the specific type of vulnerable user as described in that section.
Distractions contributing to an accident must be reported on the accident form and include at least the following minimum reporting options:
Not distracted;
operating a handheld electronic telecommunication device;
operating a hands-free wireless telecommunication device;
other electronic devices (including, but not limited to, PDA's, laptop computers, navigational devices, etc.);
adjusting an audio or entertainment system;
smoking;
eating or drinking;
reading or writing;
grooming;
interacting with p.
6 ESHB 2095 children, passengers, animals, or objects in the vehicle;
other inside distractions;
outside distractions;
and distraction unknown.
Every required accident report shall be made on a form prescribed by the chief of the Washington state patrol and each authority charged with the duty of receiving such reports shall provide sufficient report forms in compliance with the form devised.
The report forms shall be designated so as to provide that a copy may be retained by the reporting person.
(5) The chief of the Washington state patrol shall adopt rules establishing the accident-reporting threshold for property damage accidents.
Beginning October 1, 1987, the accident-reporting threshold for property damage accidents shall be five hundred dollars.
The accident-reporting threshold for property damage accidents shall be revised when necessary, but not more frequently than every two years.
The revisions shall only be for the purpose of recognizing economic changes as reflected by an inflationary index recommended by the office of financial management.
The revisions shall be guided by the change in the index for the time period since the last revision.
Sec.
6.
RCW 46.52.070 and 2023 c 29 s 1 are each amended to read as follows:
(1) Any police officer of the state of Washington or of any county, city, town, or other political subdivision, present at the scene of any accident or in possession of any facts concerning any accident whether by way of official investigation or otherwise shall make report thereof in the same manner as required of the parties to such accident and as fully as the facts in his or her possession concerning such accident will permit.
(2) The police officer shall report to the department, on a form prescribed by the director:
(a) When a collision has occurred that results in a fatality;
and (b) the identity of the operator of a vehicle involved in the collision when the officer has reasonable grounds to believe the operator caused the collision.
(3) The police officer shall report to the department, on a form prescribed by the director:
(a) When a collision has occurred that results in substantial bodily harm as defined in RCW 9A.04.110(4)(b);
(b) the identity of the operator of a vehicle involved in the collision when the officer has reasonable grounds to believe the operator who caused the substantial bodily harm may not be competent p.
7 ESHB 2095 to operate a motor vehicle;
and (c) the reason or reasons for the officer's belief.
(4) Each report made pursuant to this section must state whether the accident involved a "vulnerable user of a public way," as that term is defined in RCW 46.61.5259, and the specific type of vulnerable user as described in that section.
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8 ESHB 2095
4 HB 2095
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Action History

  1. By resolution, returned to House Rules Committee for third reading.

  2. Executive session scheduled, but no action was taken in the Senate Committee on Law & Justice at 8:00 AM.

  3. Public hearing in the Senate Committee on Law & Justice at 10:30 AM.

  4. First reading, referred to Law & Justice.

  5. Third reading, passed; yeas, 53; nays, 44; absent, 0; excused, 1.

  6. Rules suspended. Placed on Third Reading.

  7. Floor amendment(s) adopted.

  8. 1st substitute bill substituted (CRJ 26).

  9. Rules Committee relieved of further consideration. Placed on second reading.

  10. Referred to Rules 2 Review.

  11. Minority; do not pass.

  12. Minority; without recommendation.

  13. CRJ - Majority; 1st substitute bill be substituted, do pass.

  14. Executive action taken in the House Committee on Civil Rights & Judiciary at 10:30 AM.

  15. Executive session scheduled, but no action was taken in the House Committee on Civil Rights & Judiciary at 8:00 AM.

  16. Executive session scheduled, but no action was taken in the House Committee on Civil Rights & Judiciary at 10:30 AM.

  17. Public hearing in the House Committee on Civil Rights & Judiciary at 8:00 AM.

  18. First reading, referred to Civil Rights & Judiciary.

  19. Prefiled for introduction.

Sponsors

Sponsorship breakdown

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1 sponsors · 12 co-sponsors · 138 not signed on · 44 voted No

Sponsors (1)

Co-sponsors (12)

Not signed on (138)

138 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading & Final Passage (#21)

Passed 53 Yea · 44 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 03800
Democrat 53601
Total 534401
% of votes cast 54%45%0%1%
How each member voted (98)
Member Party Vote
Adam Bernbaum Democrat Yea
Adison Richards Democrat Yea
Adrian Cortes Democrat Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Nay
Amy Walen Democrat Nay
April Berg Democrat Yea
Beth Doglio Democrat Yea
Brandy Donaghy Democrat Yea
Brianna Thomas Democrat Yea
Chipalo Street Democrat Yea
Chris Stearns Democrat Yea
Cindy Ryu Democrat Yea
Clyde Shavers Democrat Yea
Dan Bronoske Democrat Nay
Darya Farivar Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Edwin Obras Democrat Yea
Gerry Pollet Democrat Yea
Greg Nance Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Janice Zahn Democrat Yea
Javier Valdez Democrat Nay
Joe Fitzgibbon Democrat Yea
Joe Timmons Democrat Yea
Julia Reed Democrat Yea
Kristine Reeves Democrat Yea
Larry Springer Democrat Nay
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Lisa Parshley Democrat Yea
Liz Berry Democrat Yea
Mari Leavitt Democrat Nay
Mary Fosse Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Natasha Hill Democrat Yea
Nicole Macri Democrat Yea
Osman Salahuddin Democrat Yea
Roger Goodman Democrat Yea
Sharlett Mena Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shaun Scott Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Not Voting
Strom Peterson Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Zach Hall Democrat Yea
Alex Ybarra Republican Nay
Andrew Barkis Republican Nay
Andrew Engell Republican Nay
April Connors Republican Nay
Brian Burnett Republican Nay
Carolyn Eslick Republican Nay
Chris Corry Republican Nay
Cyndy Jacobsen Republican Nay
Dan Griffey Republican Nay
David Stuebe Republican Nay
Deb Manjarrez Republican Nay
Drew Stokesbary Republican Nay
Ed Orcutt Republican Nay
Gloria Mendoza Republican Nay
Hunter Abell Republican Nay
Jenny Graham Republican Nay
Jeremie Dufault Republican Nay
Jim Walsh Republican Nay
Joe Schmick Republican Nay
Joel McEntire Republican Nay
John Ley Republican Nay
Joshua Penner Republican Nay
Kevin Waters Republican Nay
Mark Klicker Republican Nay
Mary Dye Republican Nay
Matt Marshall Republican Nay
Michael Keaton Republican Nay
Mike Steele Republican Nay
Mike Volz Republican Nay
Peter Abbarno Republican Nay
Rob Chase Republican Nay
Sam Low Republican Nay
Skyler Rude Republican Nay
Stephanie Barnard Republican Nay
Stephanie McClintock Republican Nay
Suzanne Schmidt Republican Nay
Tom Dent Republican Nay
Travis Couture Republican Nay

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Subjects

public-safety transportation
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Frequently asked questions

Who sponsors HB 2095?
HB 2095 is sponsored by Gerry Pollet (Democrat), Mary Fosse (Democrat), Shaun Scott (Democrat), Chipalo Street (Democrat), Sharon Tomiko Santos (Democrat), Edwin Obras (Democrat), Liz Berry (Democrat), Beth Doglio (Democrat), Alex Ramel (Democrat), Cindy Ryu (Democrat), Lisa Parshley (Democrat), Julia Reed (Democrat), and Julio Cortes (Democrat).
What is the current status of HB 2095?
This bill has passed the House. Introduced December 02, 2025. It now moves to the second chamber.
Where can I track HB 2095?
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