Protecting vulnerable users of public ways.
What changed between versions
The presumption of negligence now applies when vulnerable users are in a wider range of locations, including any path or area established by law for their use, not just sidewalks, shoulders, and crosswalks.
New exceptions were added where the presumption of negligence does not apply, including if the vulnerable user disobeys traffic signals, stops at stop signs, is intoxicated, or is riding an out-of-control horse.
The legal standard for causation was tightened, requiring the driver's negligence to be the 'sole proximate cause' of the damages rather than just a contributing factor.
A new provision allows defendants who win the lawsuit to recover their actual damages, attorney fees, and statutory penalties from the plaintiff.
The requirement to prove damages was removed from the plaintiff's burden, as the bill now explicitly states that a prevailing defendant is entitled to recover those costs.
