{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/46.2-816.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/46.2-816.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/46.2-816.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/46.2-816.1.html"}],"law_id":366223,"edition_id":2,"section_id":366223,"structure_id":52185,"section_number":"46.2-816.1","catch_line":"Careless driving and infliction of injury or death on vulnerable road users; penalty","history":"2020, c. 1259; 2022, cc. 506, 507.","full_text":"A\n\nAs used in this section, “vulnerable road user” means a pedestrian; the operator of or passenger on a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, wheel chair or wheel chair conveyance, skateboard, roller skates, motorized skateboard or scooter, or animal-drawn vehicle or any attached device; or any person riding an animal.\n\nB\n\nIt is a Class 1 misdemeanor to operate a motor vehicle in a careless or distracted manner such that the careless or distracted operation is the proximate cause of serious bodily injury as defined in § 18.2-51.4 to or the death of a vulnerable road user who is lawfully present on the highway at the time of injury or death.\n\nC\n\nA prosecution or proceeding under § 46.2-852 is a bar to a prosecution or proceeding under this section for the same act, and a prosecution or proceeding under this section is a bar to a prosecution or proceeding under § 46.2-852 for the same act.\n\n","order_by":null,"text":{"0":{"id":1363961,"text":"As used in this section, “vulnerable road user” means a pedestrian; the operator of or passenger on a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, wheel chair or wheel chair conveyance, skateboard, roller skates, motorized skateboard or scooter, or animal-drawn vehicle or any attached device; or any person riding an animal.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1363962,"text":"It is a Class 1 misdemeanor to operate a motor vehicle in a careless or distracted manner such that the careless or distracted operation is the proximate cause of serious bodily injury as defined in § 18.2-51.4 to or the death of a vulnerable road user who is lawfully present on the highway at the time of injury or death.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1363963,"text":"A prosecution or proceeding under § 46.2-852 is a bar to a prosecution or proceeding under this section for the same act, and a prosecution or proceeding under this section is a bar to a prosecution or proceeding under § 46.2-852 for the same act.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":52185,"edition_id":2,"name":"General and Miscellaneous","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":52184,"metadata":{"child_laws":31,"child_structures":0},"date_created":"2026-08-02 02:55:38","date_modified":"2026-08-02 12:34:08","permalink":{"id":1457193,"object_type":"structure","relational_id":52185,"identifier":"1","token":"46.2\/III\/8\/1","url":"\/46.2\/III\/8\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52184,"edition_id":2,"name":"Regulation of Traffic","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":52051,"metadata":{"child_laws":208,"child_structures":21},"date_created":"2026-08-02 02:55:38","date_modified":"2026-08-02 12:34:08","permalink":{"id":1457191,"object_type":"structure","relational_id":52184,"identifier":"8","token":"46.2\/III\/8","url":"\/46.2\/III\/8\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52051,"edition_id":2,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":3,"parent_id":52048,"metadata":{"child_laws":589,"child_structures":55},"date_created":"2026-08-02 02:52:29","date_modified":"2026-08-02 12:34:07","permalink":{"id":1455599,"object_type":"structure","relational_id":52051,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52048,"edition_id":2,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":101,"parent_id":null,"metadata":{"child_laws":1830,"child_structures":157},"date_created":"2026-08-02 02:52:29","date_modified":"2026-08-02 12:34:02","permalink":{"id":1452291,"object_type":"structure","relational_id":52048,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":366201,"structure_id":52185,"section_number":"46.2-800","catch_line":"Riding bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, mopeds, or motorized skateboards or scooters; riding or driving animals","url":"\/46.2-800\/","token":"46.2\/III\/8\/1\/46.2-800","metadata":{"court_decisions":{"0":{"name":"Saunders v. Commonwealth","case_number":"1299053","citation":"629 S.E.2d 701","date":"2006-05-16","url":"https:\/\/www.courtlistener.com\/opinion\/1063231\/saunders-v-commonwealth\/","abstract":" .\u202f.\u202f. 629 S.E.2d 701 (2006) .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"1":{"name":"Phillips v. Commonwealth","case_number":"1419963","citation":"25 Va. App. 144","date":"1997-07-08","url":"https:\/\/www.courtlistener.com\/opinion\/1067392\/phillips-v-commonwealth\/","abstract":" .\u202f.\u202f. FITZPATRICK, Judge. .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"2":{"name":"Colby v. Boyden","case_number":"Record No. 900552","citation":"400 S.E.2d 184","date":"1991-01-11","url":"https:\/\/www.courtlistener.com\/opinion\/1202396\/colby-v-boyden\/","abstract":" .\u202f.\u202f. 400 S.E.2d 184 (1991) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"3":{"name":"Evans v. Evans","case_number":"091469","citation":"695 S.E.2d 173","date":"2010-06-10","url":"https:\/\/www.courtlistener.com\/opinion\/1058183\/evans-v-evans\/","abstract":" .\u202f.\u202f. 695 S.E.2d 173 (2010) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"}}}},{"id":366198,"structure_id":52185,"section_number":"46.2-800.1","catch_line":"Riding animals on highways after sunset","url":"\/46.2-800.1\/","token":"46.2\/III\/8\/1\/46.2-800.1","metadata":false},{"id":366199,"structure_id":52185,"section_number":"46.2-800.2","catch_line":"Operation of off-road recreational vehicles in localities embraced by the Southwest Regional Recreation Authority","url":"\/46.2-800.2\/","token":"46.2\/III\/8\/1\/46.2-800.2","metadata":false},{"id":366200,"structure_id":52185,"section_number":"46.2-800.3","catch_line":"Driving in flooded areas prohibited","url":"\/46.2-800.3\/","token":"46.2\/III\/8\/1\/46.2-800.3","metadata":false},{"id":366202,"structure_id":52185,"section_number":"46.2-801","catch_line":"Chapter applicable to drivers of all vehicles regardless of ownership","url":"\/46.2-801\/","token":"46.2\/III\/8\/1\/46.2-801","metadata":false},{"id":366203,"structure_id":52185,"section_number":"46.2-802","catch_line":"Drive on right side of highways; penalty","url":"\/46.2-802\/","token":"46.2\/III\/8\/1\/46.2-802","metadata":false},{"id":366205,"structure_id":52185,"section_number":"46.2-803","catch_line":"Keep to the right in crossing intersections or railroads","url":"\/46.2-803\/","token":"46.2\/III\/8\/1\/46.2-803","metadata":false},{"id":366204,"structure_id":52185,"section_number":"46.2-803.1","catch_line":"Commercial motor vehicles limited to use of certain lanes of certain interstate highways","url":"\/46.2-803.1\/","token":"46.2\/III\/8\/1\/46.2-803.1","metadata":false},{"id":366206,"structure_id":52185,"section_number":"46.2-804","catch_line":"Special regulations applicable on highways laned for traffic; penalty","url":"\/46.2-804\/","token":"46.2\/III\/8\/1\/46.2-804","metadata":false},{"id":366207,"structure_id":52185,"section_number":"46.2-805","catch_line":"Lane-use control signals","url":"\/46.2-805\/","token":"46.2\/III\/8\/1\/46.2-805","metadata":false},{"id":366208,"structure_id":52185,"section_number":"46.2-806","catch_line":"One-way roadways and highways","url":"\/46.2-806\/","token":"46.2\/III\/8\/1\/46.2-806","metadata":false},{"id":366209,"structure_id":52185,"section_number":"46.2-807","catch_line":"Path of travel at circular intersections","url":"\/46.2-807\/","token":"46.2\/III\/8\/1\/46.2-807","metadata":false},{"id":366213,"structure_id":52185,"section_number":"46.2-808","catch_line":"Commonwealth Transportation Board may prohibit certain uses of controlled access highways; penalty","url":"\/46.2-808\/","token":"46.2\/III\/8\/1\/46.2-808","metadata":false},{"id":366210,"structure_id":52185,"section_number":"46.2-808.1","catch_line":"Use of crossovers on controlled access highways; penalty","url":"\/46.2-808.1\/","token":"46.2\/III\/8\/1\/46.2-808.1","metadata":{"court_decisions":""}},{"id":366211,"structure_id":52185,"section_number":"46.2-808.2","catch_line":"Violations committed within highway safety corridor; report on benefits","url":"\/46.2-808.2\/","token":"46.2\/III\/8\/1\/46.2-808.2","metadata":false},{"id":366212,"structure_id":52185,"section_number":"46.2-808.3","catch_line":"Violations committed within highway work zone; penalty","url":"\/46.2-808.3\/","token":"46.2\/III\/8\/1\/46.2-808.3","metadata":false},{"id":366215,"structure_id":52185,"section_number":"46.2-809","catch_line":"Regulation of truck traffic on primary and secondary highways","url":"\/46.2-809\/","token":"46.2\/III\/8\/1\/46.2-809","metadata":false},{"id":366214,"structure_id":52185,"section_number":"46.2-809.1","catch_line":"Regulation of residential cut-through traffic by Board","url":"\/46.2-809.1\/","token":"46.2\/III\/8\/1\/46.2-809.1","metadata":false},{"id":366217,"structure_id":52185,"section_number":"46.2-810","catch_line":"Age limits for drivers of public passenger-carrying vehicles","url":"\/46.2-810\/","token":"46.2\/III\/8\/1\/46.2-810","metadata":false},{"id":366216,"structure_id":52185,"section_number":"46.2-810.1","catch_line":"Smoking in vehicle with a minor present; civil penalty","url":"\/46.2-810.1\/","token":"46.2\/III\/8\/1\/46.2-810.1","metadata":false},{"id":366218,"structure_id":52185,"section_number":"46.2-811","catch_line":"Coasting prohibited","url":"\/46.2-811\/","token":"46.2\/III\/8\/1\/46.2-811","metadata":false},{"id":366219,"structure_id":52185,"section_number":"46.2-812","catch_line":"Driving more than thirteen hours in twenty-four prohibited","url":"\/46.2-812\/","token":"46.2\/III\/8\/1\/46.2-812","metadata":false},{"id":366220,"structure_id":52185,"section_number":"46.2-813","catch_line":"Occupation of trailer being towed on highways","url":"\/46.2-813\/","token":"46.2\/III\/8\/1\/46.2-813","metadata":false},{"id":366221,"structure_id":52185,"section_number":"46.2-814","catch_line":"Driving through safety zone prohibited","url":"\/46.2-814\/","token":"46.2\/III\/8\/1\/46.2-814","metadata":false},{"id":366222,"structure_id":52185,"section_number":"46.2-815","catch_line":"Hauling certain cargoes through tunnels in violation of posted signs; penalty","url":"\/46.2-815\/","token":"46.2\/III\/8\/1\/46.2-815","metadata":false},{"id":366224,"structure_id":52185,"section_number":"46.2-816","catch_line":"Following too closely","url":"\/46.2-816\/","token":"46.2\/III\/8\/1\/46.2-816","metadata":{"court_decisions":""}},{"id":366223,"structure_id":52185,"section_number":"46.2-816.1","catch_line":"Careless driving and infliction of injury or death on vulnerable road users; penalty","url":"\/46.2-816.1\/","token":"46.2\/III\/8\/1\/46.2-816.1","metadata":false},{"id":366225,"structure_id":52185,"section_number":"46.2-817","catch_line":"Disregarding signal by law-enforcement officer to stop; eluding police; penalties","url":"\/46.2-817\/","token":"46.2\/III\/8\/1\/46.2-817","metadata":false},{"id":366228,"structure_id":52185,"section_number":"46.2-818","catch_line":"Stopping vehicle of another; blocking access to premises; damaging or threatening commercial vehicle or operator thereof; penalties","url":"\/46.2-818\/","token":"46.2\/III\/8\/1\/46.2-818","metadata":false},{"id":366226,"structure_id":52185,"section_number":"46.2-818.1","catch_line":"Opening and closing motor vehicle doors; penalty","url":"\/46.2-818.1\/","token":"46.2\/III\/8\/1\/46.2-818.1","metadata":false},{"id":366227,"structure_id":52185,"section_number":"46.2-818.2","catch_line":"Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty","url":"\/46.2-818.2\/","token":"46.2\/III\/8\/1\/46.2-818.2","metadata":false}],"previous_section":{"id":366224,"structure_id":52185,"section_number":"46.2-816","catch_line":"Following too closely","url":"\/46.2-816\/","token":"46.2\/III\/8\/1\/46.2-816","metadata":{"court_decisions":""}},"next_section":{"id":366225,"structure_id":52185,"section_number":"46.2-817","catch_line":"Disregarding signal by law-enforcement officer to stop; eluding police; penalties","url":"\/46.2-817\/","token":"46.2\/III\/8\/1\/46.2-817","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-816.1\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 1259<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2022, chapters 506<\/a> and 507<\/a>.<\/p>","references":[{"id":365655,"section_number":"46.2-392","catch_line":"Suspension of license or issuance of a restricted license on conviction of certain offenses; probationary conditions required; generally","order_by":null,"url":"\/46.2-392\/"},{"id":366383,"section_number":"46.2-924","catch_line":"Drivers to stop for pedestrians; installation of certain signs; penalties","order_by":null,"url":"\/46.2-924\/"}],"refers_to":[{"id":351089,"section_number":"18.2-51.4","catch_line":"Maiming, etc., of another resulting from driving while intoxicated","order_by":null,"url":"\/18.2-51.4\/"},{"id":366280,"section_number":"46.2-852","catch_line":"Reckless driving; general rule","order_by":null,"url":"\/46.2-852\/"}],"permalink":{"id":1457299,"object_type":"law","relational_id":366223,"identifier":"46.2-816.1","token":"46.2\/III\/8\/1\/46.2-816.1","url":"\/46.2-816.1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/46.2-816.1\/","token":"46.2\/III\/8\/1\/46.2-816.1","dublin_core":{"Title":"Careless driving and infliction of injury or death on vulnerable road users; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-816.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “vulnerable road user<\/span>” means a pedestrian; the operator<\/span> of or passenger on a bicycle, electric personal assistive mobility device<\/span>, electric power-assisted bicycle<\/span>, wheel chair or wheel chair conveyance<\/span>, skateboard, roller skates, motorized skateboard or scooter<\/span>, or animal-drawn vehicle<\/span> or any attached device; or any person riding an animal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> It is a Class 1 misdemeanor<\/span> to operate a motor vehicle<\/span> in a careless or distracted manner such that the careless or distracted operation is the proximate cause of serious bodily injury as defined in § 18.2-51.4<\/a> to or the death of a vulnerable road user<\/span> who is lawfully present on the highway<\/span> at the time of injury or death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A prosecution<\/span> or proceeding under § 46.2-852<\/a> is a bar to a prosecution<\/span> or proceeding under this section for the same act, and a prosecution<\/span> or proceeding under this section is a bar to a prosecution<\/span> or proceeding under § 46.2-852<\/a> for the same act. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCARELESS DRIVING AND INFLICTION OF INJURY OR DEATH ON VULNERABLE ROAD USERS;\nPENALTY (\u00a7 46.2-816.1)\n\nA. As used in this section, “vulnerable road user” means a\npedestrian; the operator of or passenger on a bicycle, electric personal\nassistive mobility device, electric power-assisted bicycle, wheel chair or wheel\nchair conveyance, skateboard, roller skates, motorized skateboard or scooter, or\nanimal-drawn vehicle or any attached device; or any person riding an animal.\n\nB. It is a Class 1 misdemeanor to operate a motor vehicle in a careless or\ndistracted manner such that the careless or distracted operation is the\nproximate cause of serious bodily injury as defined in § 18.2-51.4 to or\nthe death of a vulnerable road user who is lawfully present on the highway at\nthe time of injury or death.\n\nC. A prosecution or proceeding under § 46.2-852 is a bar to a prosecution\nor proceeding under this section for the same act, and a prosecution or\nproceeding under this section is a bar to a prosecution or proceeding under\n§ 46.2-852 for the same act.\n\nHISTORY: 2020, c. 1259; 2022, cc. 506, 507.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}