Bill would presume drivers negligent in many collisions with pedestrians and cyclists; supporters and insurers debate effects

House Bill 15‑18 would create a rebuttable presumption that operators of certain vehicles negligently caused collisions with pedestrians, bicyclists or minor motor vehicles, John Brzezinski, staff to the committee, told the Civil Rights & Judiciary Committee on Feb. 5.

Brzezinski summarized the bill’s effect on tort law: the bill would presume that a major motor vehicle operator involved in a qualifying collision negligently caused the collision, and it would create parallel presumptions for minor motor vehicles and bicycles in collisions with pedestrians. The bill defines a major motor vehicle as one that weighs 200 pounds or more or is capable of motorized speeds in excess of 28 miles per hour; anything under both thresholds is a minor motor vehicle. A defendant may rebut the presumption by proving by a preponderance of the evidence that they were not negligent or that their negligence did not cause the collision; plaintiffs still must prove damages and causation.

Sponsor Rep. Reed (sponsor name given in testimony as Representative Reid) told the panel the bill responds to a rise in pedestrian…