What is the penalty for hit and run of a parked car in Colorado?

Q: What is the penalty for hit and run of a parked car in Colorado?

Hitting an unoccupied vehicle in Colorado is a class 2 traffic misdemeanor if you fail to report the accident or notify the parked vehicle's owner. Under CRS 42-4-1701 (3)(a)(II)(A), penalties for fleeing after hitting a parked car include 10 to 90 days in jail and/or fines of $150 to $300.

Q: What is hit and run in Colorado?

Like it sounds, hit and run is leaving the scene of the accident without first complying the applicable laws. After hitting an occupied vehicle, you must: Report the accident to law enforcement in accordance with CRS 42-4-1606; Exchange name, address, and vehicle registration number; Remain at the scene unless you are badly injured and in need of attention; If someone is injured, render reasonable assistance. This may include taking the injured people to the hospital or calling 911; You may also move your car a short distance if it otherwise would obstruct traffic or cause a hazard. After hitting an unattended vehicle or property, you must: Make an accident report with police officers in accordance with CRS 42-4-1606; Stop and either: Locate and notify the owner, or leave a notice in a conspicuous place (such as the windshield) with your name, address, and vehicle registration number.

Q: What are the penalties for hit and run in Colorado?

Fleeing after hitting an unattended vehicle is a class 2 misdemeanor traffic offense: 10 to 90 days in jail, and/or a fine of $150 to $300. Fleeing after causing property damage is a class 2 misdemeanor traffic offense: 10 to 90 days in jail, and/or A fine of $150 to $300. Fleeing after causing bodily injury is a class 1 traffic misdemeanor: 10 days to one year of jail time, and/or a fine of $300 to $1,000. Fleeing after causing serious bodily injury (fractures, 2nd- or 3rd-degree burns, serious permanent disfigurement, loss of organ or body function, or a substantial risk of death) is a class 4 felony: 2 to 6 years prison, and/or a fine of $2,000 to $500,000. Fleeing after causing fatality is a class 3 felony: 4 to 12 years in prison, and/or A fine of $3,000 to $750,000.

Q: How long after a hit-and-run can prosecutors press criminal charges?

The statute of limitations to bring hit-and-run charges turns on the charge: Fatal accident (class 3 felony) and vehicular homicide (CRS 18-3-1-6) together: 10 years after the accident. Fatal accident (class 3 felony): 5 years after the accident. Accident causing serious injury (class 4 felony): 3 years after the accident. Accident causing non-serious injury (class 1 traffic misdemeanor): 1 year after the accident. Causing property damage (class 2 traffic misdemeanor): 1 year after the accident. Hitting a parked vehicle (class 2 traffic misdemeanor): 1 year after the accident. Once the statute of limitations passes, the district attorney may no longer press criminal charges in a hit-and-run case.

Posted on April 10, 2023

Parked car that was hit by a driver who then fled in violation of Coloardo hit and run laws. — Leaving the scene after hitting a parked, unoccupied vehicle is a class 2 traffic misdemeanor in Colorado.

Hit and run of a parked or unoccupied vehicle in Colorado is a class 2 traffic misdemeanor. Under CRS 42-4-1701 (3)(a)(II)(A), the penalties include 10 to 90 days in jail and/or fines of $150 to $300.

1. What is hit and run in Colorado?

Like it sounds, hit and run is leaving the scene of the accident without first complying with the applicable laws:

Type of car accident

Obligations of drivers under Colorado state law

Hitting an occupied vehicle

Report the accident to law enforcement in accordance with CRS 42-4-1606.

Exchange names, addresses, and vehicle registration numbers.

Remain at the scene unless you are badly injured and in need of attention.

If someone is injured, render reasonable assistance. This may include taking the injured people to the hospital or calling 911.

Move your car a short distance if it otherwise would obstruct traffic or cause a hazard.

Hitting an unattended vehicle or property

Make an accident report with police officers in accordance with CRS 42-4-1606.

Stop and either:

Locate and notify the owner, or
Leave a notice in a conspicuous place (such as the windshield) with your name, address, and vehicle registration number.¹

2. What are the penalties for hit and run in Colorado?

The penalty for hit and run (leaving the scene of an accident) turns on whether the collision caused property damage, a non-serious injury, a serious injury, or a fatality.

Type of hit and run accident	Penalties for violating Colorado hit-and-run laws
Hitting an unattended vehicle	Class 2 misdemeanor traffic offense: 10 to 90 days in jail, and/or A fine of $150 to $300 It does not matter whether the car is in a parking lot, on the street, or other location.
Causing property damage	Class 2 misdemeanor traffic offense: 10 to 90 days in jail, and/or A fine of $150 to $300
Causing bodily injury (physical pain, illness, or physical or mental impairment)	Class 1 traffic misdemeanor: 10 days to 1 year of jail time, and/or A fine of $300 to $1,000
Causing serious bodily injury (fractures, 2nd- or 3rd-degree burns, serious permanent disfigurement, loss of organ or body function, or a substantial risk of death)	Class 4 felony: 2 to 6 years in prison, and/or A fine of $2,000 to $500,000
Causing fatality	Class 3 felony: 4 to 12 years in prison, and/or A fine of $3,000 to $750,000

In addition, the DMV may suspend your driver’s license. The court may order that you pay restitution to the victim of a hit and run. Also, auto insurance companies may raise your premium rates.² However, an experienced attorney may be able to get the charges reduced or dismissed.

Note that any hit and run victims may hire auto accident attorneys to bring a personal injury claim for medical bills and other damages against you. If the victim died from the motor vehicle collision, their family may bring a wrongful death claim.

3. How long after a hit-and-run can prosecutors press criminal charges?

The statute of limitations to bring hit-and-run charges turns on the charge:

Hit-and-run charge	Statute of limitations in Colorado
Fatal accident (class 3 felony) and vehicular homicide (CRS 18-3-1-6) together	10 years after the accident
Fatal accident (class 3 felony)	5 years after the accident
Accident causing serious injury (class 4 felony)	3 years after the accident
Accident causing non-serious injury (class 1 traffic misdemeanor)	1 year after the accident
Accident causing property damage (class 2 traffic misdemeanor)	1 year after the accident
Hitting a parked vehicle (class 2 traffic misdemeanor)	1 year after the accident³

Once the statute of limitations passes, the district attorney may no longer press criminal charges in a hit-and-run case.

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Call our law firm for help. Our criminal defense lawyers offer consultations, and we will discuss creating an attorney-client relationship.

Legal References

Colorado Revised Statute 42-4-1601 – 1606; Annette Espinoza, Insurer says 69 percent of its hit and runs involve a parked car, Denver Post (May 6, 2016). See, for example, People v. Arzabala (Colo. App. 2012) 317 P.3d 1196; People v. Hernandez (Colo. 2011) 250 P.3d 568.
Same; CRS 18-1.3-401; CRS 42-4-1701.
CRS 16-5-401.

About the Author

Michael Becker

Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.

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