(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 paragraphs (b) and (c) of this subsection (2), any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.
(b) If the person's actions are the proximate cause of bodily injury to another, such person commits a class 1 misdemeanor traffic offense.
(c) If the person's actions are the proximate cause of death to another, such person commits a class 1 misdemeanor traffic offense.
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.
Editor's note: 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.
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).
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.
Notes of Decisions
Cited in
34
cases (
6 in the last 5 years), 1981–2026 · leading case:
Silva v. Wilcox, 223 P.3d 127 (Colo. Ct. App. 2009).
Silva v. Wilcox, 223 P.3d 127 (Colo. Ct. App. 2009).
· cites it 26× “2009 (reasonable and prudent speed), and section 42-4-1402, C.R.S.2009 (careless driving).”
People v. Lassek, 122 P.3d 1029 (Colo. Ct. App. 2005).
· cites it 2× “2004; and two counts of careless driving, § 42-4-1402(1), C.R.S.2004. We affirm. The charges arose from an accident in which the car defendant was driving struck two Air Force Academy cadets, killing one and injuring the other.”
People v. Zweygardt, 298 P.3d 1018 (Colo. Ct. App. 2012).
· cites it 9× “Careless Driving ¶ 16 Section 42-4-1402(1), C.R.S.2011, establishes the offense of careless driving and provides, in relevant part, “A person who drives a motor vehicle .”
People v. Lage, 232 P.3d 138 (Colo. Ct. App. 2009).
· cites it 14× “2008, a class three felony; (6) deadly careless driving, § 42-4-1402, C.R.S.2008, a class one misdemeanor traffic offense; and (7) driving under the influence vehicular assault alleging serious bodily injuries to the unborn child, § 18-3-205(1)(b), C.”
People v. Manzo, 144 P.3d 551 (Colo. 2006).
· cites it 5× “(2006), and three counts of Careless Driving, section 42-4-1402, C.R.S. (2006). Pursuant to a plea agreement, Manzo pleaded guilty to one count of Leaving the Scene of an Accident with Serious Injury and the other counts were dismissed.”
People v. Weinreich, 119 P.3d 1073 (Colo. 2005).
· cites it 2× “[11] § 42-4-1402(1), (2), C.R.S. (2001). [12] § 18-3-105, C.”
Lumbardy v. People, 625 P.2d 1026 (Colo. 1981).
· cites it 26× “The defendant, Frank Duane Lumbardy, appeals his conviction under section 42-4-1402, C.R.S.1973 (1980 Supp.”
People v. DeHerrera, 697 P.2d 734 (Colo. 1985).
· cites it 4× “” Section 42-4-1402, 17 C.R.S. (1984), makes it a class 2 traffic offense for a driver directly involved in an accident resulting in damage to another vehicle to leave the scene of the accident without giving his name, address, and registration number of his vehicle to the…”
People v. Claycomb, 2025 COA 36 (Colo. Ct. App. 2025).
· cites it 5× “” § 42-4-1402(1), C.R.S. 2024. C. The Culpable Mental State for Careless Driving ¶ 18 Claycomb contends that the trial court reversibly erred by failing to instruct the jury on the meaning of “without due regard” as used in the careless driving elemental instruction.”
People v. Manzo, 114 P.3d 78 (Colo. Ct. App. 2005).
· cites it 5× “1985), the Colorado Supreme Court addressed § 42-4-1402 (now codified with amendments at § 42-4-1602(1), C.”
People v. Fleming, 781 P.2d 1384 (Colo. 1989).
· cites it 4× “[3] Defendant was originally charged with driving under denial, in violation of section 42-2-130; a hit and run, in violation of section 42-4-1402; and driving under the influence of intoxicating liquor, in violation of section 42-4-1202.”
People v. Johnston, 2018 COA 167 (Colo. Ct. App. 2018).
· cites it 3× “2018 (weaving out of designated lanes), or section 42-4-1402(1), C.R.S. 2018 (careless driving).”
— Colo. Rev. Stat. § 42-4-1402(1) — 12 cases
People v. Lassek, 122 P.3d 1029 (Colo. Ct. App. 2005).
“2004; and two counts of careless driving, § 42-4-1402(1), C.R.S.2004. We affirm. The charges arose from an accident in which the car defendant was driving struck two Air Force Academy cadets, killing one and injuring the other.”
People v. Zweygardt, 298 P.3d 1018 (Colo. Ct. App. 2012).
“Careless Driving ¶ 16 Section 42-4-1402(1), C.R.S.2011, establishes the offense of careless driving and provides, in relevant part, “A person who drives a motor vehicle .”
People v. Weinreich, 119 P.3d 1073 (Colo. 2005).
“[11] § 42-4-1402(1), (2), C.R.S. (2001). [12] § 18-3-105, C.”
People v. Claycomb, 2025 COA 36 (Colo. Ct. App. 2025).
“” § 42-4-1402(1), C.R.S. 2024. C. The Culpable Mental State for Careless Driving ¶ 18 Claycomb contends that the trial court reversibly erred by failing to instruct the jury on the meaning of “without due regard” as used in the careless driving elemental instruction.”
People v. Lage, 232 P.3d 138 (Colo. Ct. App. 2009).
“2008, a class three felony; (6) deadly careless driving, § 42-4-1402, C.R.S.2008, a class one misdemeanor traffic offense; and (7) driving under the influence vehicular assault alleging serious bodily injuries to the unborn child, § 18-3-205(1)(b), C.”
— Colo. Rev. Stat. § 42-4-1402(2) — 2 cases
People v. Lage, 232 P.3d 138 (Colo. Ct. App. 2009).
“2008, a class three felony; (6) deadly careless driving, § 42-4-1402, C.R.S.2008, a class one misdemeanor traffic offense; and (7) driving under the influence vehicular assault alleging serious bodily injuries to the unborn child, § 18-3-205(1)(b), C.”
— Colo. Rev. Stat. § 42-4-1402(2)(a) — 1 case
People v. Zweygardt, 298 P.3d 1018 (Colo. Ct. App. 2012).
“Careless Driving ¶ 16 Section 42-4-1402(1), C.R.S.2011, establishes the offense of careless driving and provides, in relevant part, “A person who drives a motor vehicle .”
— Colo. Rev. Stat. § 42-4-1402(2)(b) — 1 case
People v. Zweygardt, 298 P.3d 1018 (Colo. Ct. App. 2012).
“Careless Driving ¶ 16 Section 42-4-1402(1), C.R.S.2011, establishes the offense of careless driving and provides, in relevant part, “A person who drives a motor vehicle .”
— Colo. Rev. Stat. § 42-4-1402(2)(c) — 2 cases
People v. Claycomb, 2025 COA 36 (Colo. Ct. App. 2025).
“” § 42-4-1402(1), C.R.S. 2024. C. The Culpable Mental State for Careless Driving ¶ 18 Claycomb contends that the trial court reversibly erred by failing to instruct the jury on the meaning of “without due regard” as used in the careless driving elemental instruction.”
— Colo. Rev. Stat. § 42-4-1402(a) — 1 case
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