If you've been charged under Washington's HB 1112, 1st degree (death of a vulnerable road user), you’re facing a gross misdemeanor with up to 364 days in jail and a $5,000 fine. 2nd degree cases causing substantial bodily harm are traffic infractions with $5000 fines and a 90-day license suspension. 

While this charge may seem scary, you can fight these charges, especially if the accident involved shared fault, unclear road conditions, or questions about what legally counts as "substantial" harm.

Our Seattle criminal defense team has handled vulnerable user cases since this law passed. If you're facing HB 1112 charges, call us at (206) 209-0608 for a free case review. We'll learn more about your situation and help you explore all your defense options. 

HB 1112: 1st vs. 2nd Degree Explained

Before 2025, negligent driving endangering vulnerable users typically resulted in traffic tickets unless death occurred. HB 1112 created:

- 1st Degree (Death): Gross misdemeanor for negligence causing the death of a vulnerable user.

- 2nd Degree (Injury): Traffic infraction for negligence causing substantial/great bodily harm.

Vulnerable users include pedestrians, bicyclists, motorcyclists, wheelchair users, highway workers, and animal riders/drivers (RCW 46.61.6555).

Understanding "Substantial Bodily Harm" (2nd Degree Infraction)

This is where many cases get fought. Washington law defines substantial bodily harm as injury that causes:

- Temporary but substantial disfigurement

- Temporary but substantial loss or impairment of any body part or organ

- A fracture of any body part

A broken bone clearly qualifies. But what about severe road rash, concussions, or soft tissue injuries? Defense attorneys regularly challenge whether injuries actually meet this legal threshold. Medical records become critical evidence, and prosecutors must prove the harm was truly "substantial" under Washington's specific legal definition.

The Penalties You're Actually Facing after HB 1112

HB 1112 violations are gross misdemeanors punishable by:

1st Degree (Death - Gross Misdemeanor):

- Up to 364 days in jail

- $1,000–$5,000 fine

- 90-day license suspension

- Possible probation

2nd Degree (Injury - Traffic Infraction):

- $1,000–$5,000 fine

- 90-day suspension

- Traffic safety course/community service option

- No jail/probation

If you’re a first-time offender, you likely won’t receive the maximum sentence. However, judges take these cases seriously because vulnerable road users suffered real injuries. You should not leave your future up to chance. A Seattle criminal defense lawyer can absolutely help you fight back. 

Common Defense Strategies That Work

Shared Fault Arguments

Many vulnerable user accidents involve both parties making mistakes. If the cyclist ran a red light or the pedestrian crossed against the signal, your attorney can argue you weren't solely or primarily at fault. Washington uses comparative fault rules, and showing shared responsibility can reduce or eliminate criminal liability.

Challenging the "Substantial Harm" Element

Prosecutors can’t prove their case if the injuries aren’t substantial. Medical records showing sprains, bruises, or minor injuries instead of fractures or significant impairment can lead to reduced charges or dismissal.

Questioning the "Negligence" Standard

Negligence means failing to use ordinary care. If you drove safely but unavoidable circumstances, sudden emergencies, or someone else’s actions caused the crash, then your attorney might claim that you weren't negligent. Accident reconstruction, witnesses, and dashcam footage prove this defense.

Why This Law Exists and How Courts Apply It

Washington lawmakers passed HB 1112 after safety groups pushed for stronger laws. They said the old penalties weren't tough enough to protect vulnerable people - and the data supported this. Between 2010 and 2019, over 300 pedestrians died in Washington from being hit by cars, plus hundreds more suffered serious injuries.

Taking Action After Being Charged

If police cited you under HB 1112, three things matter most right now:

1. First, don't discuss the accident with anyone except your criminal defense attorney. Statements to insurance adjusters, social media posts, or conversations with the injured party can become evidence against you.

2. Second, preserve all evidence from the accident scene. Photos, dashcam footage, witness contact information, and your own written account (given only to your lawyer) help build your defense.

3. Third, hire an attorney experienced with HB 1112 cases before your first court appearance. Early intervention often leads to better outcomes because your lawyer can contact prosecutors, review evidence, and potentially negotiate before formal charging decisions are made.

Washington's vulnerable user law represents a significant shift in how the state treats traffic accidents involving pedestrians, cyclists, and motorcyclists. The penalties are serious, but these charges can be defended when you have someone fighting for your side of the story.

Contact Our Seattle Criminal Defense Lawyers Today

If you're facing charges under HB 1112, don't wait to get help. Our team at Seattle Criminal Defense Law Firm has defended drivers in vulnerable user cases since this law took effect, and we know how to challenge these charges. Call us at (206) 209-0608 right now for a free consultation where we'll review your case and explain your real options. We'll get back to you and start building your defense immediately.