CORONAVIRUS UPDATE: What We Are Doing to Protect Our Clients

TNTL
Client's Choice Awards 2017
Colorado Criminal Defense Bar
Expertise
Avvo Rating badge
Denver Bar Association
Client's Choice 2014
The American Trial Lawyers Association
American Bar Association
Colorado Bar Association

Vulnerable Road User

The charge of Vulnerable Road User is a Class 1 Misdemeanor Traffic Offense and is punishable by imprisonment in the county jail for 10 days up to 1 year plus a $300 up to $1000 fine and a driver's license suspension.  If a driver's actions are the proximate cause of serious bodily injury to a vulnerable road user, he will likely be charged with this crime.

What is a vulnerable road user?
In general terms, a vulnerable road user is someone who uses the roadway and is exposed (or "vulnerable") to injury from someone who drives a motor vehicle (think car vs. pedestrian or car vs. skateboarder).  The statutory definition of "who" is a vulnerable road user is very lengthy and specifically identifies a person lawfully using the following on a public right-of-way, crosswalk, or shoulder of the roadway: 1) roller skates, 2) a motorcycle, 3) a moped, 4) a scooter, 5) in-line skates, 6) a skateboard, 7) a farm tractor or similar vehicle designed primarily for farm use, 8) a bicycle, tricycle, electrical assisted bicycle, or other pedal-powered vehicle, 9) an off-highway vehicle, 10) an animal-drawn, wheeled vehicle, 11) a baby stroller, 12) a nonmotorized pull wagon, 13) a wheelchair, 14) an electrical personal assistive mobility device, 15) a sled, 16) farm equipment.

A vulnerable road user also includes: 1) a person riding or leading an animal, 2) a peace officer who is outside a motor vehicle and performing the peace officer's duties in a right of way, 3) a person providing emergency services within a right-of-way, 4) a person engaged in work upon a roadway or upon utility facilities along a roadway, 5) a pedestrian.

Anytime one of the above referenced persons sustains serious bodily injury as the result of a traffic accident proximately caused by a motor vehicle driver's actions, the driver of that motor vehicle may be charged with the crime of vulnerable road user.

What is serious bodily injury?
Serious bodily injury is defined under the law as an injury that involves a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, or fractures, or burns of the second or third degree.  The injury at issue may be at the time of the actual injury or at a later time.

What about restitution?
Restitution is a factor in any criminal traffic case where a person's conduct causes a pecuniary loss to a victim.  Thus restitution may be assessed in a vulnerable road user case where the out of pocket expenses (pecuniary losses) to the victim exceed the driver's auto insurance policy.  If there is a disposition in the case and restitution has not been determined, the court will often times reserve restitution for 91 days to determine the amount of restitution.  The driver/defendant in the case is entitled to a hearing on restitution.
 
Denver Criminal Traffic Attorney Monte Robbins has experience in defending against Colorado's new Vulnerable Road User charge. If you've been charged with Colorado's Vulnerable Road User, your liberty, finances, and driver's license may be at risk. Contact Attorney Monte Robbins today for a free confidential case consultation at 303-355-5148.

Client Reviews
★★★★★
"An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was happening and what he doing to prove my son's innocence in this matter. We were to appear in court on 29 March 2012 and Monte informed us on 27 March 2012, that the case had been dismissed!!! Monte charged a fair, flat rate for what he did in this matter and should the need arise to hire a lawyer or to recommend a lawyer, I would not hesitate to give Monte's name.” Linda
★★★★★
"I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the wall on this case but thanks to Monte miracles are possible. I have hired my share of attorneys and Monte Robbins has produced the best results for me yet. After being without my driving privileges for ten years I paid a small fine and am legal with a clean record. I Highly recommend this attorney." Steve
★★★★★
"I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him for any questions i had. The outcome of my case was way better then i had expected. Monte did a excellent job on my case and I would highly recommend him to anyone. Monte won my case and I am confident that he can do the same for anyone else." Jeremy