(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.
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