Careless Driving Involving a Vulnerable Road User in Colorado

If you’ve been charged with careless driving involving a vulnerable road user, you’re facing one of Colorado’s most serious misdemeanor traffic offenses.

This is not just a ticket — you need an experienced Colorado Vulnerable Road User Lawyer to protect your rights and your license.

What the Law Says

Under C.R.S. § 42-4-1402(2)(b), a driver who, through careless driving, causes serious bodily injury to a vulnerable road user commits a Class 1 Misdemeanor Traffic Offense.

A conviction can result in:

• Jail: 10 days to 1 year
• Fines: $300 to $1,000
• License: 12 points → automatic suspension for most drivers
• Restitution: financial liability beyond insurance coverage

Who Is a Vulnerable Road User?

The statute defines this group broadly to include:

• Pedestrians
• Bicyclists and e-bike riders
• Motorcyclists, moped and scooter riders
• People in wheelchairs or using mobility devices
• People on roller skates, skateboards, sleds, or farm equipment
• People riding or leading animals
• Peace officers, emergency responders, and roadway workers

An experienced vulnerable road user attorney can determine whether the alleged victim qualifies under Colorado law.

What Counts as Serious Bodily Injury (SBI)?

“Serious bodily injury” is defined in C.R.S. § 42-4-1601(4)(b) as an injury that creates a substantial risk of death, causes serious permanent disfigurement, or involves protracted loss or impairment of a body part or organ. It includes fractures and second- or third-degree burns.

For example, a cyclist suffering a broken leg or severe concussion could meet the SBI threshold, even if recovery is expected.

A careless driving lawyer can challenge whether the evidence truly meets this definition.

Restitution and Financial Impact

If convicted, courts may order restitution for medical expenses, lost wages, or property damage not covered by insurance.

Because restitution hearings often mirror civil proceedings, it’s essential to have a Colorado traffic defense lawyer who understands both systems and can contest unsupported claims.

How I Defend Vulnerable Road User Cases

These cases are complex and emotionally charged. My approach includes:

• Causation analysis: Did your driving actually cause the injury, or were other factors involved?
• Statutory challenge: Does the alleged victim meet the definition of a vulnerable road user?
• Injury assessment: Does the evidence support “serious bodily injury”?
• Restitution defense: Challenging inflated financial claims and protecting you from double liability.
• Negotiation strategy: Seeking dismissal if the evidence is weak; otherwise negotiating for a reduced charge to mitigate consequences.
• Mitigation: Presenting your character, background, and steps taken after the incident to influence sentencing and resolution.

You’ll work directly with me — no hand-offs to junior lawyers or paralegals.

As a Denver traffic attorney, I bring over 20 years of courtroom experience to every case.

Why These Cases Are Not VRA Offenses

Despite the severity of injuries, careless driving involving a vulnerable road user is not classified as a Victim’s Rights Act (VRA) case under C.R.S. § 24-4.1-302.

This means the alleged victim does not receive the same VRA notifications or input rights as in careless driving cases involving serious bodily injury to vehicle occupants.

It’s an odd distinction — a pedestrian with a broken leg from a crash is treated differently than a passenger hurt in a car — but that’s the law as written.

Call for a Free Consultation

Careless driving involving a vulnerable road user can impact your freedom, license, and livelihood.

Don’t face it alone — get help from a Vulnerable Road User Lawyer who knows how to navigate these charges and protect your future.

📞 Call Monte J. Robbins at 303-355-5148 for a free, confidential consultation today.