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Senate committee hears bill to presume driver negligence when vulnerable road users are harmed
Summary
The Law and Justice Committee heard testimony for ESHB 2095, which would create a rebuttable presumption that drivers are negligent when they proximately cause injury or death to pedestrians, cyclists or other designated vulnerable users in state-designated facilities; sponsors and survivors urged passage while cities, defense groups and insurers raised concern about liability, fee-shifting and scope.
A Washington State Senate Law and Justice Committee hearing on Feb. 23 focused on ESHB 2095, a bill that would establish a rebuttable presumption of negligence for drivers who proximately cause the injury or death of a vulnerable user of the public way when that person is in a state-designated facility such as a sidewalk, crosswalk or bike lane.
Representative Julia Reid, the bill’s prime sponsor, said the measure is designed to protect people who use facilities the state has set aside for their safety. "If you're a mom walking on a sidewalk or a cyclist riding in a bike lane, you're using a facility set aside for your use," Reid said, urging the committee to adopt the changes and stressing the bill includes education for officers and prosecutors.
Supporters framed the proposal as a fairness and safety measure. Rita Holzman, whose husband Steve died after being struck while…
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