HB 2095 to expand civil liability when vulnerable road users are struck by automobiles is no longer moving forward. Vulnerable road users are people using bike lanes, crosswalks, or other similar infrastructure.
The bill was not advanced by the Senate Law & Justice Committee before the cutoff. Its sponsor, Rep. Julia Reed (D–Seattle), said she hopes to file similar legislation next year.
Expanded liability for city roadways is heading to the other side
February 23, 2026
HB 2095 passed the House and is charging forth toward the Senate as it threatens to bring new liability to city roadways.
The bill intends to protect vulnerable road users, such as people walking in a crosswalk or riding bicycles in a lane, by expanding civil court liability for a driver who strikes them. However, the bill would expand cities’ exposure to potential damages and attorneys fees even if no city driver or vehicle was involved.
The bill is scheduled for a hearing and a vote in the Senate Law & Justice Committee this week.
Contact your senators to tell them how this bill would increase costs for your city and its residents.
Dates to remember
HB 2095 is scheduled for public hearing in the Senate Law & Justice Committee on Monday, February 23, at 10:30 am.
HB 2095 is scheduled for executive session in the Senate Law & Justice Committee on Tuesday, February 24, at 8 am.
Vulnerable roadway users bill advances but remains extremely concerning for cities
February 9, 2026
HB 2095 is churning toward a House vote in a form that threatens to bring new liability to city roadways.
While AWC supports the legislative intent to increase the safety for users of city roads and other transportation infrastructure, we are extremely concerned about its potential to expand liability for municipalities for collisions involving vulnerable users in which no city vehicle or employee was involved.
The bill was voted out of its committee and amended in more than a dozen ways. The following were the most meaningful to cities:
- CLE credits for legal staff: Classes and materials for prosecutors and judges must be designed to qualify for continuing legal education (CLE) credits.
- Driver is specified as liable: The term "defendant" is replaced with "driver" in the bill's provisions governing civil liability, which will have the effect of keeping a city or company with different drivers (involved in unrelated accidents) from being penalized as a single negligent driver.
- Roadway shoulders added to protected areas:Roadway shoulders are now added to the list of expressly protected areas where the presumption of negligence applies.
- Punitive damages for repeat offenders: A plaintiff may recover punitive damages if a driver subject to liability has previously been found liable for injuring or killing one vulnerable road user while operating a vehicle, replacing the prior threshold requirement of three or more injuries or killings.
- Presumption of negligence for drivers: In cases that involve both driver and nondriver defendants, the presumption of negligence applies only against driver defendants.
- Exclusion of motorcycles as vulnerable users: Motorcycles are excluded from the definition of "vulnerable user of a public way" for the purpose of the bill's civil liability provisions.
- Emergency vehicle driver exemption: A driver of an emergency vehicle is exempted from the presumption of negligence established in the bill when the driver operates the emergency vehicle within the course and scope of the driver's employment or official duties directly related to the emergency vehicle. The bill provides a non-exhaustive list of vehicles considered an "emergency vehicle.”
We appreciate that some of the amendments are helpful to cities, such as the last one exempting emergency vehicle drivers, but we remain greatly concerned about any new liability and the costs for cities. AWC will continue to advocate for better protections against city liability for negligent private drivers’ accidents.
AWC testifies with concerns over right-of-way civil liability bill with unintended consequences for cities
January 16, 2026
AWC testified on HB 2095 last week with concerns that the bill would expand civil liabilities for cities. Watch the testimony.
We support legislation that seeks to increase safety for users of our roadways and infrastructure. However, we believe the legislation as filed would implicate cities in new lawsuits.
While the bill doesn’t directly name cities, it would likely increase municipal liability in several ways. Feedback from our cities outlined the following three concerns.
- The bill creates unintended consequences for cities. There needs to be better civil protection for cities. The original version of the bill alters liability considerations relating to city infrastructure, such as:
- Bike lanes;
- Sidewalks; and
- Crosswalks.
The bill presumes negligence by motor vehicle drivers involved in accidents in these zones and increases the monetary damages a court may grant. These changes will likely invite more lawsuits involving accidents in these zones and the local jurisdictions that own the infrastructure.
This outcome would have the unintended consequence of discouraging certain infrastructure (such as bike lanes) due to it being defined as a “protected area.”
- The bill increases civil liability for cities. AWC is asking for a governmental exemption to joint liability for lawsuits that trigger the negligence presumption. Without this change, cities would be exposed to expanded civil liability due to:
- Increased claims and lawsuits involving city infrastructure; and
- The high number of miles that city employees drive in official city business.
- The bill needs clearer definitions. The wording of the bill could inadvertently lead to government entities or businesses being subject to punitive damages as a frequent offender on the basis of accidents committed by different drivers years apart.
Next steps
We’ve been in discussions with the bill sponsor and are hopeful that the committee can make amendments to limit city liability and move AWC from the “concerned” to “support” category.
The bill also addresses training for law enforcement and judicial professionals that aims to bring them up to speed on existing vulnerable user laws. We are supportive of such training but ask that legal staff can gain Continuing Legal Education (CLE) credits for the mandatory trainings to better fit the information into the existing infrastructure of their required career training.
Dates to remember
HB 2095 is scheduled for committee vote in the House Civil Rights & Judiciary Committee on Friday, January 23, at 10:30 am.
New bill proposes roadway safety changes to protect people not in cars & trucks
January 9, 2026
HB 2095, sponsored by Rep. Julia Reed (D–Seattle), aims to increase protections for vulnerable users of public ways. It does so through a series of proposals to strengthen education, awareness, and civil remedies for negligent driving.
Vulnerable roadway users include pedestrians, bicyclists (including those using electric bikes), mobility aid users, horseback riders, motorcyclists, and individuals on farm tractors, mopeds, and scooters.
The bill proposes the following changes to make roads safer:
- Training for law enforcement: The bill directs the state Criminal Justice Training Commission to collaborate with the Washington Association of Prosecuting Attorneys to develop and provide educational classes and materials on negligent driving with a vulnerable user victim for law enforcement and prosecutors.
- Training for judicial officers: The bill directs the Washington State Administrative Office of the Courts to develop and provide similar educational classes and materials for judges and judicial officers who handle cases involving negligent driving with vulnerable users.
- Expanded civil remedies: The bill expands options for vulnerable users to seek civil remedies when negligent vehicle operators injure or kill someone in protected areas.
Dates to remember
HB 2095 is scheduled for a public hearing on Wednesday, January 14, in the House Civil Rights & Judiciary Committee at 8 am.