What are the Vulnerable Road User Laws?

Vulnerable road user laws, or VRU laws, are designed to protect road users who are more vulnerable than people in cars and trucks. Obvious examples of vulnerable road users are bicyclists, pedestrians, and those in wheelchairs, but the list also includes construction workers, tow truck operators, and horse-drawn carriages. These laws are to protect anyone who uses roads or highways who is not protected by the shell of an automobile. Strict VRU laws ensure the continued safety of those who commute by pedal or foot, and who work on the roadways.

These laws, which are relatively new, have become necessary because of our shared highways and the many vulnerable road users on them. Of course, anyone can be injured on a highway, but there’s a significant difference between a car being hit at 30 mph and a pedestrian hit at the same speed.

There is a real need for strong VRU laws. While recent years have seen a drop in overall motorists’ deaths, fatalities involving pedestrians and bicyclists have risen from 12% to 16%. These numbers reveal the need for better safety for those relying on nonmotorized transportation. With more people using bikes and walking to commute, laws will need to keep up with these changes in our culture.

VRU laws prohibit certain actions that compromise the safety of commuters who use bikes or feet on the road. They also call for harsher penalties for those who violate the laws that protect these people. Consequences for violators can be higher penalties/jail time or – if someone is injured or killed – civil lawsuits. When the penalty for violating these laws is high enough, drivers will take more caution, decreasing the likelihood of injury to others.

Currently, there are five states with strong VRU laws: Hawaii, Oregon, Delaware, Vermont, and Washington. The laws in these states first identify road users as a group of people who are vulnerable and establish penalties directed at those who violate the safety of that group. Though the country as a whole hasn’t enacted federal regulations for vulnerable road users, some states have been proactive. Washington, DC, and 17 states have ordinances that prohibit harassment – like yelling or throwing objects – of these users. If someone is injured or killed as a result, the penalties are higher, and litigation becomes a factor.

Houston recently passed stricter VRU laws to protect those riding bikes, pedestrians, and others. In addition to not harassing these people, motorists cannot overtake vulnerable road users and then make a subsequent turn unless the user is completely clear of the vehicle. Drivers must take into account speed and brake capacity of their vehicles and the capabilities of the other road user. Motorists must also provide sufficient space for others on the road.

The statute makes clear that motorists should maneuver around vulnerable road users on streets or highways. Motorists should vacate the lane where the user is if there are two lanes running in the same direction or if the motorist is able to pass the road user at a safe distance.

According to the Houston ordinance, the penalty for overtaking or harassing a vulnerable road user cannot exceed $500. However, for those who have been injured because of a motorist’s disregard for a road user’s vulnerable position, a personal injury lawsuit may be an option.

If you have questions regarding Houston’s new VRU law or have been injured because of a motorist’s reckless driving while you were a vulnerable road user, contact the office of Gordon, Elias, & Seely today. When the state and federal laws aren’t keeping up with the changes in our roadways, sometimes litigation can be a powerful force.

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