(1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, electric scooter, or low-power scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle, electrical assisted bicycle, or electric scooter is not subject to section 42-2-127.
(2) (a) Except as otherwise provided in subsections (2)(b) and (2)(c) of this section, a person who violates this section commits a class 2 misdemeanor traffic offense.
(b) If the person's actions are the proximate cause of bodily injury to an individual, the person commits a class 1 misdemeanor traffic offense.
(c) (I) If the person's actions are the proximate cause of serious bodily injury, as defined in section 18-1-901, or death to an individual, the person commits a class 1 misdemeanor traffic offense.
(II) If the person's actions are the proximate cause of serious bodily injury, as defined in section 18-1-901, or death to more than one individual, each individual injured or killed is a separate violation of this section.
Source: L. 94: Entire title amended with relocations, p. 2392, � 1, effective January 1, 1995. L. 2009: (1) amended, (HB 09-1026), ch. 281, p. 1280, � 58, effective October 1. L. 2010: (2) amended, (SB 10-204), ch. 243, p. 1080, � 2, effective May 21. L. 2019: (1) amended, (HB 19-1221), ch. 271, p. 2561, � 12, effective May 23. L. 2025: (2) amended, (SB 25-281), ch. 346, p. 1871, � 1, effective June 2.
Editor's note: (1) This section is similar to former � 42-4-1204 as it existed prior to 1994, and the former � 42-4-1402 was relocated to � 42-4-1602.
(2) Section 3 of chapter 346 (SB 25-281), Session Laws of Colorado 2025, provides that the act changing this section applies to offenses committed on or after June 2, 2025.
Cross references: For provision that the operation of vehicles and the movement of pedestrians pursuant to this section apply upon streets and highways and elsewhere throughout the state, see � 42-4-103 (2)(b); for the penalties for class 1 and class 2 misdemeanor traffic offenses generally, see � 42-4-1701 (3)(a)(II); for further penalties and surcharges, see � 42-4-1701 (4)(a)(I)(N).
42-4-1402.5. Vulnerable road user - prohibition - violations and penalties - definition. (1) Definition. As used in this section, unless the context otherwise requires, vulnerable road user means:
(a) A pedestrian;
(b) A person engaged in work upon a roadway or upon utility facilities along a roadway;
(c) A person providing emergency services within a right-of-way;
(d) A peace officer who is outside a motor vehicle and performing the peace officer's duties in a right-of-way;
(e) A person riding or leading an animal; or
(f) A person lawfully using any of the following on a public right-of-way, crosswalk, or shoulder of the roadway:
(I) A bicycle, electrical assisted bicycle, tricycle, or other pedal-powered vehicle;
(II) A farm tractor or similar vehicle designed primarily for farm use;
(III) A skateboard;
(IV) Roller skates;
(V) In-line skates;
(VI) A scooter;
(VII) A moped;
(VIII) A motorcycle;
(IX) An off-highway vehicle;
(X) An animal-drawn, wheeled vehicle;
(XI) Farm equipment;
(XII) A sled;
(XIII) An electric personal assistive mobility device;
(XIV) A wheelchair;
(XV) A baby stroller;
(XVI) A nonmotorized pull wagon; or
(XVII) An autocycle.
(2) Prohibition. A person who drives a motor vehicle in violation of section 42-4-1402 and whose actions are the proximate cause of serious bodily injury, as defined in section 42-4-1601 (4)(b), to a vulnerable road user commits infliction of serious bodily injury to a vulnerable road user.
(3) Violations and penalties. (a) Infliction of serious bodily injury to a vulnerable road user is a class 1 traffic misdemeanor.
(b) In addition to the penalties imposed in subsections (3)(a) and (3)(c) of this section, the court may order the violator to:
(I) Attend a driver improvement course in accordance with section 42-4-1717; and
(II) Perform useful public service for a number of hours, which must not exceed three hundred twenty hours, to be determined by the court in accordance with section 18-1.3-507.
(c) In addition to the penalties imposed in subsections (3)(a) and (3)(b) of this section, a person who is convicted of violating this section is subject to:
(I) License suspension in accordance with section 42-2-127; and
(II) An order of restitution under part 6 of article 1.3 of title 18.
Source: L. 2019: Entire section added, (SB 19-175), ch. 331, p. 3070, � 2, effective May 29. L. 2022: (1)(f)(XV) and (1)(f)(XVI) amended and (1)(f)(XVII) added, (HB 22-1043), ch. 361, p. 2587, � 24, effective January 1, 2023.