Washington statute
RCW 46.61.525 — Negligent driving—Second degree
Current through 2026 Regular Session
Part of Chapter 46.61: Rules Of The Road, Revised Code of Washington.
Criminal charges under this statute
Full text of RCW 46.61.525
Statutory text current through the 2026 Regular Session. This publication reproduces the official text of the Revised Code of Washington from the Code Reviser's published files; it is not the official statutes of the State of Washington.
(1)(a) A person is guilty of negligent driving in the second degree if, under circumstances not constituting negligent driving in the first degree, he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.
(b) It is an affirmative defense to negligent driving in the second degree that must be proved by the defendant by a preponderance of the evidence, that the driver was operating the motor vehicle on private property with the consent of the owner in a manner consistent with the owner's consent.
(c) Negligent driving in the second degree is a traffic infraction and is subject to a penalty of two hundred fifty dollars.
(2) For the purposes of this section, "negligent" means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.
(3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.
Official sources
Legal terms used in this section
Questions this section answers
Is negligent driving a crime in Washington?
Negligent driving is a Traffic Infraction in Washington — a civil violation under chapter 46.63 RCW, not a crime; it carries a monetary penalty, not jail. Governed by RCW 46.61.525.
Which Washington statute covers negligent driving?
Negligent driving is governed by RCW 46.61.525 (Negligent driving—Second degree).
This reference is informational and is not legal advice.