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Careless Driving Involving a Vulnerable Road User in Colorado
Colorado law provides special protection to people the law defines as “vulnerable road users.” If your driving is alleged to have caused serious bodily injury to someone in this category, you may be charged with a Class 1 misdemeanor traffic offense.
This is not a minor ticket. A conviction can mean:
- Jail: 10 days to 1 year
- Fines: $300 to $1,000
- License suspension: triggered by the 12 points assessed against your record
- Restitution: financial liability beyond what your insurance may cover
Who Is a Vulnerable Road User?
The statute defines “vulnerable road user” broadly. It includes:
- Pedestrians
- Bicyclists and e-bikers
- Motorcyclists, moped riders, 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, or workers on or near a roadway
In short: anyone lawfully on or near the road without the protection of a motor vehicle.
What Counts as Serious Bodily Injury?
Under Colorado law, “serious bodily injury” means an injury involving:
- Substantial risk of death
- Serious permanent disfigurement
- Long-term loss or impairment of a body part or organ
- Fractures or breaks
- Severe burns
The prosecution must prove not just carelessness, but that the injury meets this legal standard.
Restitution and Financial Impact
If convicted, you may face restitution orders on top of criminal penalties. This can happen when:
- The victim’s medical bills or damages exceed your insurance coverage
- The court determines the victim has uncompensated pecuniary losses
Restitution can quickly become a quasi-civil case inside criminal court. You are entitled to a hearing to challenge improper or unsupported restitution demands.
How I Defend Vulnerable Road User Cases
These cases are often fact-intense and highly emotional. My defense approach includes:
- Causation challenges: Did your driving actually cause the injury, or were other factors at play?
- Statutory challenges: Does the alleged victim meet the legal definition of a vulnerable road user?
- Injury analysis: Does the evidence prove the injury rises to the level of “serious bodily injury”?
- Restitution defense: Fighting inflated or unsupported financial claims.
- Mitigation: Presenting your full story to the court — showing you are more than just a police report.
Protect Your Future
Careless driving involving a vulnerable road user carries consequences that can change your life. Don’t face it alone.
Call me, Monte Robbins, at 303-355-5148 for a free consultation. I’ll personally review your case and explain how to protect your rights, your license, and your future.