As of this year, Washington State has enacted tougher penalties for drivers who injure or kill pedestrians, cyclists, and other vulnerable road users. It’s a direct response to the disturbing rise in traffic deaths across the state, including a record number of pedestrian fatalities. [1]
Under the new statute, negligent drivers now face up to $5,000 in fines, jail time, and license suspension. But beyond the criminal consequences, this law could give victims and their attorneys something incredibly important: leverage. [2]
If a driver violates this law and injures someone, but the driver and/or their insurance company refuse to accept responsibility, this new law may create a presumption of negligence in civil court—making it easier to hold the at-fault party accountable, reduce the time, cost and stress to prove something that appears clear from the outset, and recover full compensation for the injured person.
A Smarter Way to Understand Brain Injury
At the same time, medicine is catching up to the lived experience of brain injury. In May 2025, a new national framework called CBI-M was introduced, designed to move us beyond the old, limited Glasgow Coma Scale. [3] The framework comes from a coalition of experts from 14 countries which proposed a new way to evaluate TBI patients that is expected to lead to more accurate diagnoses and more appropriate treatment plans.
CBI-M considers not just a person’s level of consciousness and clinical presentation, but also blood-based biomarkers (proteins that signal brain injury), advanced imaging, and important modifiers like age, prior conditions, and how the injury happened.
Clinical: The clinical pillar still uses the GCS score – which evaluates a person’s level of consciousness along with pupil reactivity – as a core element of the assessment. The framework recommends including the scale’s responses to eye, verbal, and motor commands or stimuli, presence of amnesia and symptoms like headache, dizziness, and noise sensitivity.
Biomarker: The biomarker pillar uses biomarkers identified in blood tests to provide objective indicators of tissue damage. Low levels of these biomarkers determine which patients don’t require CT scans, which help reduce unnecessary radiation exposure and health care costs. Biomarkers can also identify patients to enroll in clinical trials to develop new medications for TBI.
Imaging: CT and MRI imaging are important in identifying blood clots, brain bleeding, and brain lesions, particularly in patients with more severe injuries, which can point to present and future symptoms. Each type of imaging study has its own advantages and limitations, so knowing when to order additional testing remains critically important.
Modifiers: The modifiers pillar assess how an injury occurred – for example, if a patient was injured in a fall or sustained a blow to the head. This pillar also includes existing conditions, medications, health care access, prior TBI, substance abuse, and living circumstances. [4]
Why It Matters
If you’re someone who’s been injured—especially if you’re feeling dismissed or told that “you should be fine”—know this: both the law and medical science are evolving in your favor. While initial test results may look “mild” when symptoms clearly aren’t—this framework could be the difference between being believed and being dismissed when it comes to proving the existence of this “invisible” injury with visible symptoms.
If you’re a healthcare provider, this is a call to document carefully and thoroughly. Blood tests, imaging, and even subtle symptoms can become critical when your patient is pursuing a legal claim.
And if you need someone to walk with you through that legal journey, we’re here for that too.
[1] Washington Traffic Deaths Reach 33-Year High: https://wtsc.wa.gov/wtsc-2023-traffic-fatalities/
[2] Washington’s New Negligent Driving Laws: https://wtsc.wa.gov/vru/
[3] The Glasgow Coma Scale (GCS) is a clinical tool used to assess a person’s level of consciousness after a traumatic brain injury (TBI). Developed in 1974, it’s widely used in emergency and acute care settings
[4] New TBI Classification System Announced: https://biausa.org/public-affairs/public-awareness/news/new-tbi-classification-system-announced
Would you like a deeper dive into traumatic brain injury? Order a free copy of our book, Understanding Traumatic Brain Injury, written by attorney Richard H. Adler.
