Vulnerable road user laws by state: who they protect and what drivers face
Which states add penalties when careless drivers hurt people walking or biking
What a vulnerable road user law does
Picture a driver who glances at a phone, drifts onto the shoulder and hits a person walking. The driver wasn’t drunk or racing. In many states, that kind of carelessness used to lead to a small traffic fine, even when the person on foot was badly hurt.
Families and safety groups pushed for something in between. The result is the vulnerable road user law, often shortened to VRU law. The League of American Bicyclists describes it as filling “a gap between normal traffic citations and criminal vehicular homicide, manslaughter, or driving while intoxicated laws” [1].
These laws usually do three things:
- Define who is vulnerable. Most lists include people walking, biking and using wheelchairs. Many add highway workers, emergency responders, people riding horses and people on scooters or skates.
- Raise the stakes for carelessness. When a driver’s careless or negligent act seriously injures or kills one of these people, the law adds penalties beyond a normal ticket.
- Focus on prevention. Many require a traffic safety course, community service or a court hearing so the driver faces what happened.
The need is real. U.S. traffic crashes killed 7,080 pedestrians and 1,103 bicyclists in 2024 [12]. In 2023, people walking, biking and using other nonmotorized ways to travel made up 21.6% of all traffic deaths [13].
The federal definition
Federal law also uses the term. For highway safety planning, a “vulnerable road user” is a “nonmotorist,” such as a person walking, biking or using a wheelchair [14]. States had to finish vulnerable road user safety assessments by November 15, 2023, as part of their highway safety plans [14, 15]. That federal definition shapes planning money. It doesn’t set penalties for drivers. Penalties come from state law.
Who counts as a vulnerable road user
Every state writes its own list. Most include the same core groups, but the edges differ.
- People on foot, including highway and utility workers in many states.
- People on bikes and e-bikes, plus scooters, skateboards and skates in many states.
- People using wheelchairs or other mobility devices. Connecticut also lists blind people and their service animals [16].
- People on horses or in animal drawn vehicles, and in some states farm tractor operators.
- Motorcyclists and moped riders in some states. Oregon, Washington, Utah, Delaware and Florida include motorcycles [5, 6, 7, 8, 9]. Connecticut, Virginia, Hawaii, Rhode Island and Vermont do not list them [16, 17, 4, 18, 19].
The League of American Bicyclists’ model law takes a broad view. Its list includes motorcycles, mopeds, wheelchairs, farm equipment, animal drawn vehicles and even sleds [1].
Three kinds of laws
State laws that protect vulnerable road users fall into a few types. Some states have more than one.
Comparison compiled by Safety Behind the Wheel Foundation
| Type | What it does | Examples |
|---|---|---|
| Careless driving penalty laws | Add fines, suspensions, courses or community service when careless driving seriously injures or kills a vulnerable user | Oregon, Washington, Delaware, New York, Connecticut, Rhode Island |
| Criminal negligence laws | Treat negligent harm to a vulnerable user as a misdemeanor or felony | Hawaii, Virginia, Texas (crosswalks only), Utah |
| Passing and space rules | Require a set distance or lane change when passing a vulnerable user | Vermont, New Jersey, Massachusetts, Maryland |
| Hit and run upgrades | Raise penalties for leaving the scene when the victim is a vulnerable user | Florida |
State by state: penalty laws
This table covers states whose laws were checked against official statute pages in October 2026. It’s not a complete list of all 50 states.
Comparison compiled by Safety Behind the Wheel Foundation
| State | Law | What drivers face | In effect since |
|---|---|---|---|
| Oregon | ORS 811.135 and 801.608 | Careless driving that contributes to serious injury or death: traffic safety course and 100 to 200 hours of community service. A fine up to $12,500 and a one year suspension are imposed, then dismissed if the driver completes both [3] | January 1, 2008 [20] |
| Washington | RCW 46.61.526 and 46.61.5259 | Serious injury: traffic infraction with a $5,000 penalty and 90 day suspension, or $250 plus traffic school and community service. Death: gross misdemeanor, up to 364 days in jail, $5,000 fine and 90 day suspension [21, 6] | Current version January 1, 2025 [22] |
| Delaware | 21 Del. C. 4176E | Any traffic violation (other than DUI) causing serious physical injury: $550 fine, suspension up to one year, course and 10 to 100 hours of community service [8] | 2017 [23] |
| New York | VTL 1146, “Hayley and Diego’s Law” | Physical injury: up to $500 and/or 15 days in jail. Serious physical injury: up to $750 and/or 15 days, a safety course and license suspension [24] | October 14, 2010 [25] |
| Connecticut | CGS 14 300i | Fine up to $1,000 for failing to use reasonable care and causing serious injury or death to a vulnerable user who was also using reasonable care [16] | October 1, 2014 [26] |
| Rhode Island | R.I. Gen. Laws 31 15 20 | Injury: $200. Serious injury: $500 and three month suspension. Death: $1,000 and one year suspension [18] | June 25, 2021 [18] |
| Hawaii | HRS 707 to 703 and 707 to 705 | Death or substantial injury of a vulnerable user through simple negligence: class C felony, up to 5 years in prison and up to $10,000 [4] | 2012 [4] |
| Virginia | Va. Code 46.2-816.1 | Careless or distracted driving that causes serious injury or death: Class 1 misdemeanor, up to 12 months in jail and/or $2,500 [17] | 2020 [17] |
| Utah | Utah Code 41 6a 706.5 | Knowingly or recklessly driving within 3 feet of, distracting or forcing off the road a vulnerable user: class C misdemeanor, or class B with injury [7] | May 14, 2013 [7] |
| Texas | Transp. Code 545.428 | Criminal negligence that injures a person in a crosswalk: Class A misdemeanor, or state jail felony for serious injury [27] | September 1, 2021 [27] |
| Florida | F.S. 316.027 | Leaving the scene when the victim is a vulnerable user: offense ranked one level higher and at least 3 years of license revocation [9] | July 1, 2014 [28] |
A few of these deserve a closer look.
Oregon: the first state
Oregon’s 2007 law set the pattern. If careless driving contributes to serious injury or death of a vulnerable user, the court must order a traffic safety course and 100 to 200 hours of community service. The driver also faces a fine of up to $12,500 and a one year license suspension. Both are dropped if the driver finishes the course and the service [3]. The idea is to make the driver face the harm as well as pay for it.
Washington: a tougher update
Washington first passed a vulnerable user law in 2011. A 2023 update, which took effect January 1, 2025, made killing a vulnerable user through negligent driving a gross misdemeanor [29, 22]. That brings possible jail time of up to 364 days. Serious injury cases stay at the infraction level, with a $5,000 penalty that a court can’t cut below $1,000 [21].
New York: Hayley and Diego’s Law
New York’s law, known as Hayley and Diego’s Law, took effect October 14, 2010 [25]. The law presumes that the driver’s failure to use due care caused the injury, though the driver can argue otherwise. A second offense within five years becomes a class B misdemeanor [24].
Hawaii: the strictest approach
Hawaii put its protections in the criminal code. Causing the death of a vulnerable road user through simple negligence counts as negligent homicide in the second degree. Causing substantial bodily injury counts as negligent injury in the first degree. Both are class C felonies [4].
Passing rules for vulnerable road users
Some states protect vulnerable users mainly through passing rules. Every state has some kind of safe passing law. The League of American Bicyclists counts 38 states plus Washington, D.C., with a minimum distance, usually 3 feet [2].
Comparison compiled by Safety Behind the Wheel Foundation
| State | Rule | Penalty |
|---|---|---|
| Vermont | Use due care, slow down and give at least 4 feet when passing a vulnerable user [30] | At least $200 [30] |
| New Jersey | Change lanes when possible. If not, give at least 4 feet. If that’s not possible, slow to 25 mph or the posted limit [31] | $100, or $500 and 2 points with injury [31] |
| Massachusetts | Pass at a reasonable speed and at least 4 feet away [32] | Check state law |
| Maryland | 3 feet when passing bikes and certain scooters. Failing to yield to a rider in a bike lane or shoulder that contributes to serious injury or death brings added penalties [33] | Up to 2 months and/or $2,000 [33] |
| Utah | Driving within 3 feet of a vulnerable user on purpose or recklessly is an offense [7] | Class C or B misdemeanor [7] |
For more on passing distances, see our guide to how much room to give a cyclist when passing.
Do these laws work?
The evidence is mixed. Researchers have not found strong proof that these laws, on their own, save lives.
- A study of 18,534 bicyclist deaths found no significant drop after states passed minimum passing distance laws [10].
- A 2026 study scored all 50 states on their pedestrian and cyclist protection laws. The overall scores did not track fatality rates. Only window tint, headlight and speed laws were linked to pedestrian deaths [34].
- In New York, an advocacy group used public records to count tickets under the state’s law. It found 92 in 2008, 87 in 2009 and 97 in 2010, and called the law “largely unenforced” [11].
We found no peer reviewed study that measured the effect of vulnerable road user penalty laws directly. That doesn’t mean they don’t help. These laws can shape how police, prosecutors and judges treat a crash. They also send a message about who deserves care on the road. But a law on the books does little without enforcement, street design that slows traffic and drivers who take it seriously.
What this means for you as a driver
You don’t need to memorize your state’s statute to stay on the right side of it. The habits that keep people safe are the same ones these laws reward.
If you do injure someone, the consequences can follow you well past the fine. Depending on the state, you could face a court hearing, a license suspension, a mandatory course and many hours of community service.
Frequently asked questions
Does my state have a vulnerable road user law?
The League of American Bicyclists counts 13 states with defined laws: Colorado, Connecticut, Delaware, Florida, Hawaii, Maine, Maryland, Massachusetts, Oregon, Utah, Vermont, Virginia and Washington [2]. Other states have similar protections under different names, including New York, Rhode Island, Texas and New Jersey [24, 18, 27, 31]. Check your own state’s vehicle code.
Is a vulnerable road user violation a crime or a ticket?
It depends on the state. Oregon and Delaware treat it as a traffic violation with extra penalties [3, 8]. Washington treats serious injury as an infraction and death as a gross misdemeanor [21, 6]. Virginia makes it a Class 1 misdemeanor, and Hawaii a class C felony [17, 4].
Are motorcyclists vulnerable road users?
In some states. Oregon, Washington, Utah, Delaware and Florida include them [5, 6, 7, 8, 9]. The federal definition covers only nonmotorists, so it leaves them out [14].
How is this different from vehicular homicide?
Vehicular homicide usually requires recklessness or impairment. Vulnerable road user laws cover ordinary carelessness that hurts someone outside a vehicle [1]. Hawaii is an exception, since it applies its homicide law to simple negligence when the victim is a vulnerable user [4].
What should I do after hitting a pedestrian or cyclist?
Stop, call 911, help if it’s safe to do so and stay at the scene. Leaving can turn a crash into a serious crime. In Florida, leaving the scene when the victim is a vulnerable road user brings a higher penalty and at least 3 years of license revocation [9].
The bottom line
Recommendation from Safety Behind the Wheel Foundation
Vulnerable road user laws exist because people outside cars have no metal shell to protect them. A moment of carelessness can change their lives. States handle it differently. Some add fines, courses and community service, some treat it as a crime and some focus on passing distance.
The laws matter, but they come after the harm. The protection that counts happens before a crash: slowing down, putting the phone away, stopping at crosswalks and giving people on bikes plenty of room.
Related articles
- State traffic safety laws: how to look up and verify your state’s rules
- Pedestrian and crosswalk laws by state: who must yield, and when
- Bicycle and e-bike laws by state: where to ride, helmets, passing rules
- Move over laws by state: who’s protected and what you must do
- Speeding and aggressive driving laws by state: 2026 guide to the rules
Sources and further reading
- 1League of American Bicyclists. “Model Vulnerable User Law.” Modified August 28, 2023. bikeleague.org/…/model-vulnerable-user-law
- 2League of American Bicyclists. “Bike Law University.” Modified October 8, 2026. bikeleague.org/bike-laws/bike-law-university
- 3Oregon Revised Statutes 811.135: Careless driving (2025 edition). oregonlegislature.gov/…/ors811.html
- 4Hawaii Revised Statutes Sections 707-700, 707-703 and 707-705 (negligent homicide and negligent injury). data.capitol.hawaii.gov/…/HRS_0707-0700.htm
- 5Oregon Revised Statutes 801.608: Vulnerable user of a public way (2025 edition). oregonlegislature.gov/…/ors801.html
- 6Revised Code of Washington 46.61.5259: Negligent driving, first degree, vulnerable user victim. app.leg.wa.gov/RCW/default.aspx
- 7Utah Legislature. 2013 SB 104 (enrolled), amending Utah Code 41-6a-706.5. le.utah.gov/~2013/bills/sbillenr/SB0104.htm
- 8Delaware Code, Title 21, Sections 4176 and 4176E. delcode.delaware.gov/…/index.html
- 9Florida Statutes Section 316.027 (2026): Crash involving death or personal injuries. leg.state.fl.us/statutes/index.cfm
- 10Nehiba C. “Give me 3′: Do minimum distance passing laws reduce bicyclist fatalities?” Economics of Transportation, 2017. Abstract. consensus.app/…/2879b7755f1557668a37acdcb25…
- 11Streetsblog NYC. “One Year After Taking Effect, State’s Vulnerable User Laws Gathering Dust.” October 13, 2011. nyc.streetsblog.org
- 12National Highway Traffic Safety Administration (NHTSA). “Pedestrian Safety” and “Bicycle Safety.” Accessed October 2026. nhtsa.gov/road-safety/pedestrian-safety
- 13Pedestrian and Bicycle Information Center (PBIC). “Facts and Figures: Safety,” citing NHTSA FARS data. Accessed October 2026. pedbikeinfo.org/…/facts_safety.cfm
- 1423 U.S. Code Section 148: Highway safety improvement program (via Cornell Legal Information Institute). law.cornell.edu/uscode/text/23/148
- 15Federal Highway Administration (FHWA). “Strategic Highway Safety Plan resources: Vulnerable Road User Safety Assessments.” Accessed October 2026. highways.dot.gov/…/shsp-resources
- 16Connecticut General Statutes Section 14-300i (revised to January 1, 2026). prdext2.cga.ct.gov/current/pub/chap_249.htm
- 17Code of Virginia Section 46.2-816.1: Failure to exercise due care when encountering a vulnerable road user. law.lis.virginia.gov/…/section46.2-816.1
- 18Rhode Island General Laws Section 31-15-20: Unsafe passing of a vulnerable road user. webserver.rilegislature.gov/…/31-15-20.htm
- 19Vermont Statutes, Title 23, Section 4(81): Definition of vulnerable user. legislature.vermont.gov/…/00004
- 20Oregon Laws 2007, chapter 784 (HB 3314). oregonlegislature.gov/…/2007orLaw0784.html
- 21Revised Code of Washington 46.61.526: Negligent driving, second degree, vulnerable user victim. app.leg.wa.gov/RCW/default.aspx
- 22Washington Traffic Safety Commission. “New Law to Protect Vulnerable Road Users Takes Effect January 1st.” December 9, 2024. wtsc.wa.gov
- 23Delaware Laws, Volume 81, Chapter 195 (SB 78). Approved October 5, 2017. legis.delaware.gov/SessionLaws/Chapter
- 24New York Vehicle and Traffic Law Section 1146: Drivers to exercise due care. nysenate.gov/legislation/laws/VAT/1146
- 25New York State Senate. “Hayley and Diego’s Law to Crack Down on Careless Driving Goes Into Effect Today.” October 14, 2010. nysenate.gov/…/hayley-and-diegos-law-crack…
- 26Connecticut Public Act 14-31 (SB 336). 2014. prdext2.cga.ct.gov/…/2014PA-00031-R00SB-00336-PA…
- 27Texas Legislature. SB 1055 (87th Legislature), enrolled, creating Transportation Code 545.428. 2021. capitol.texas.gov/…/SB01055F.htm
- 28Laws of Florida, chapter 2014-225 (CS/SB 102), Aaron Cohen Life Protection Act. laws.flrules.org/2014/225
- 29Washington Legislature. HB 1112, Laws of 2023, chapter 471. lawfilesext.leg.wa.gov/…/1112.SL.htm
- 30Vermont Statutes, Title 23, Section 1033: Passing motor vehicles and vulnerable users. legislature.vermont.gov/…/01033
- 31New Jersey P.L. 2021, chapter 194 (N.J.S.A. 39:4-92.4). pub.njleg.state.nj.us/…/194_.HTM
- 32Massachusetts General Laws, Chapter 90, Sections 1 and 14. malegislature.gov/…/Section14
- 33Maryland Code, Transportation Section 21-1209. mgaleg.maryland.gov/…/StatuteText
- 34Davis JL, et al. “State of safety: A systematic assessment of state-level nighttime pedestrian and cyclist protection laws.” Journal of Safety Research, 2026. Abstract. consensus.app/…/3e2d179c0b1152a1a00c1e62228…
This article reflects the safety priorities of traffic law and pedestrian and bicycle safety education. It covers what vulnerable road user laws do, who they protect and what penalties drivers face in selected states. It is general education, not legal advice. Laws change, so check your state’s statutes or talk with a licensed attorney. Reviewed October 2026.
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