Washington statute
RCW 46.61.5259 — Negligent driving with a vulnerable user victim—First degree—Penalties—Definitions
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 46.61.5259
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 person commits negligent driving with a vulnerable user victim in the first degree if he or she operates a vehicle, as defined in RCW 46.04.670, in a manner that is both negligent and endangers or is likely to endanger any person or property, and he or she proximately causes the death of a vulnerable user of a public way.
(2) Violation of this section is a gross misdemeanor, which shall be punished by:
(a) Up to 364 days of imprisonment;
(b) A fine of $5,000, which may not be reduced to an amount less than $1,000; and
(c) Suspension of driving privileges for 90 days.
(3) If a person is convicted of an offense under this section, then the court shall notify the department, and the department shall suspend the person's driving privileges.
(4) For the purposes of this section:
(a) "Negligent" has the same meaning as provided in RCW 46.61.525(2).
(b) "Vulnerable user of a public way" means:
(i) A pedestrian;
(ii) A person riding an animal; or
(iii) A person operating or riding any of the following on a public way:
(A) A farm tractor or implement of husbandry, without an enclosed shell;
(B) A bicycle;
(C) An electric-assisted bicycle;
(D) An electric personal assistive mobility device;
(E) A moped;
(F) A motor-driven cycle;
(G) A motorized foot scooter; or
(H) A motorcycle.
Official sources
Legal terms used in this section
Questions this section answers
Is negligent driving with a vulnerable user victim a felony or a misdemeanor in Washington?
Negligent driving with a vulnerable user victim is a Gross Misdemeanor in Washington under RCW 46.61.5259.
Which Washington statute covers negligent driving with a vulnerable user victim?
Negligent driving with a vulnerable user victim is governed by RCW 46.61.5259 (Negligent driving with a vulnerable user victim—First degree—Penalties—Definitions).
This reference is informational and is not legal advice.