A new proposal to decriminalize jaywalking has laudable intentions yet raises safety and liability concerns for cities.

HB 1428 (companion to SB 5383) allows pedestrians to cross a roadway at any point unless a “reasonably careful person would realize there is an immediate danger of a collision” with a moving vehicle, bike, or personal delivery device. The bill, introduced by Rep. Emily Alvarado (D-Seattle), supersedes, and preempts local rules and regulations on jaywalking.

Aiming to reduce pedestrian profiling of people of color and of low socio-economic status, the bill would decrease the number of jaywalking infractions issued by law enforcement officers. Cities agree with the intent of the legislation; however, as written, the bill creates the potential for serious safety risks and contains several points in need of clarification.

HB 1428 permits pedestrians to cross roadways not only mid-block, but also at signalized intersections. This could lead to catastrophic consequences along busy or high-speed roads. Many signalized locations are highly complex and designed to improve safety for drivers and pedestrians alike, as compared to unsignalized crossings. Furthermore, safety conditions are worse at night and during unfavorable weather, decreasing a pedestrian’s ability to accurately assess the roadway. This could lead to an increase in collisions, injuries, and fatalities. It is unclear how these kinds of factors would be interpreted given the bill’s “reasonably careful person” standard for jaywalkers.

The bill will also impact governments’ ability to enforce other safety laws related to limited access highways, emergency vehicles, pedestrians soliciting rides, pedestrians under the influence of alcohol or drugs, and obstruction of rights of way.

While HB 1428 “does not relieve a pedestrian from the duty of exercising due care for their safety” or relieve a driver or cyclist from exercising due care for pedestrians, it does not go far enough to clarify issues of liability. As a result, all drivers (including those in city-owned vehicles) are likely to have a greater duty to protect pedestrians, making drivers more likely to be at risk of being held liable in the event of a collision with a pedestrian, and potentially leading to increases in automobile insurance. It is also unclear if this bill would eventually result in greater liability to cities for right-of-way maintenance, additional designated pedestrian crossings, or speed limits, among other issues.

AWC intends to raise some of these unanswered questions and concerns with the bill sponsor and proponents.

Date to remember

HB 1428 is scheduled for public hearing in the House Transportation Committee on Wednesday, February 8 at 4 pm.