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Washington Legislature to consider new bill creating presumption of negligence against driver of “major motor vehicle” involved in a collision with a pedestrian, bicycle or “minor motor vehicle”
3/25/25
House Bill 1518, introduced during Washington’s State House of Representatives 2025-2026 Regular Session, would establish a presumption of negligence in a tort action upon the driver in a collision between a “major motor vehicle”—defined as “any device that weighs in excess of 200 pounds or is capable of reaching speeds in excess of 28 mph”—and a pedestrian, bicycle or “minor motor vehicle”.
Further, House Bill 1518 would establish that any “minor motor vehicle”, defined as any device that is not a “major motor vehicle” or bicycle operator involved in a collision with a pedestrian, is presumed to have negligently caused the collision in a tort action alleging liability for the collision.
Under the Bill, a defendant may rebut the presumption of negligence by proving by a preponderance of evidence that the defendant was not negligent or that the defendant’s negligence did not cause the collision.
House Bill 1518 provides that a prevailing plaintiff is entitled to recover actual damages, including both economic and noneconomic damages, as well as statutory damages of $1,500. Additionally, if a defendant unsuccessfully challenges the presumption of negligence, the prevailing plaintiff is further entitled to recover reasonable attorneys’ fees, costs and expert fees. Moreover, if a defendant was previously found civilly or criminally liable for collisions involving a total of three or more pedestrians, bicyclists or minor motor vehicle operators, then a prevailing plaintiff may also recover punitive damages against the defendant.
The Bill is currently in Committee. Should House Bill 1518 pass, the Bill could increase the awards in auto accidents and offer additional incentives to bring lawsuits in what could have previously been viewed as unprofitable cases, opening an avenue for the award of attorney’s fees, costs and expert fees in matters where such amounts are not typically awarded.
For any questions or further clarification regarding Bill 1518, please contact Galina Kletser Jakobson at galina.jakobson@fmglaw.com.
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