Negligent driving has always been an issue, but it has spiraled out of control in the last few years. Researchers have noticed a concerning increase in dangerous behaviors such as speeding, failing to stop at intersections, texting while driving and driving while drunk.
Some of those behaviors are already illegal, and the rest of them are clearly negligent behavior. Unsafe habits while driving have major implications for everyone on the road, especially those who are not inside motor vehicles specifically designed to protect them if a crash occurs.
A new law that recently took effect at the beginning of the year creates a new criminal charge for prosecutors to pursue if negligent drivers cause crashes that injure people who aren’t traveling in standard motor vehicles.
What is the new law?
HB 1112 was signed into law last year and took effect as of January 1, 2025. It enhances the charges and penalties possible when negligent drivers cause crashes that result in the death of vulnerable people. The law defines vulnerable people as those on the road without the protection of a standard motor vehicle.
Motorcycle riders, those on mopeds, skateboarders, scooter riders, people on horseback, pedestrians, cyclists, wheelchair users and people operating farm equipment on public roads are all parties protected under the new law. If a negligent driver causes a crash involving one of these parties, the state can hold them accountable.
Anyone accused of causing a fatal crash involving one of these vulnerable parties faces a gross misdemeanor charge that could result in up to 364 days in prison and $5,000 in fines. There are also newly expanded rules for when drivers cause substantial bodily harm to vulnerable parties on public roads.
In theory, the new law could motivate people to be a bit more cautious on the road because of the increased risk of criminal prosecution and major penalties. The law could also strengthen the ability of those grieving the premature death of a loved one to take legal action against the party at fault for the incident.
Those pursuing wrongful death lawsuits usually need compelling evidence of either negligence or wrongful conduct on the part of the defendant named in the lawsuit to secure compensation. A criminal conviction generally provides more than enough evidence to prevail in civil court.
Families grieving the loss of a loved one in a negligence-related collision may have a stronger legal position because of new negligent driving rules. Discussing the circumstances that led to a family tragedy with a skilled legal team can help people determine whether they are in a position to take legal action against the party at fault for a recent wreck.