(1) Definition. As used in this section, unless the context otherwise requires, "vulnerable road user" means:
A pedestrian;
A person engaged in work upon a roadway or upon utility facilities along a roadway;
A person providing emergency services within a right-of-way;
A peace officer who is outside a motor vehicle and performing the peace officer'sduties in a right-of-way;
A person riding or leading an animal; or
A person lawfully using any of the following on a public right-of-way, crosswalk, orshoulder of the roadway:
A bicycle, electrical assisted bicycle, tricycle, or other pedal-powered vehicle;
A farm tractor or similar vehicle designed primarily for farm use;
A skateboard;(IV) Roller skates;
In-line skates;
A scooter;
A moped;
A motorcycle;
An off-highway vehicle;
An animal-drawn, wheeled vehicle;
Farm equipment;
A sled;
An electric personal assistive mobility device;
A wheelchair;
A baby stroller; or
A nonmotorized pull wagon.
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 42-41601 (4)(b), to a vulnerable road user commits infliction of serious bodily injury to a vulnerable road user.
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:
Attend a driver improvement course in accordance with section 42-4-1717; and
Perform useful public service for a number of hours, which must not exceed threehundred 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.