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:
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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:
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:
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Causing bodily injury (physical pain, illness, or physical or mental impairment) | Class 1 traffic misdemeanor:
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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:
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Causing fatality | Class 3 felony:
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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.
Additional reading
For more in-depth information, refer to these scholarly articles:
- Theorizing hit-and-run: A study of driver decision-making processes after a road traffic collision – Criminology & Criminal Justice.
- Is a Hit-and-Wait Really Any Better than a Hit-and-Run – Hofstra Law Review.
- The Impact of Moral Panic on the Criminal Justice System: Hit-and-run Traffic Offenses as a Case Study – New Criminal Law Review.
- California v. Byers: Hit-and-Run Statutes and the Privilege against Self-Incrimination – Brooklyn Law Review.
- Hit the bottle and run: the role of alcohol in hit-and-run pedestrian fatalities – Journal of Studies on Alcohol and Drugs.
Also see our related articles on DUI (drunk driving), reckless driving (CRS 42-4-1401), and Denver hit and run – What are the penalties?
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) .
- Same; CRS 18-1.3-401; CRS 42-4-1701.
- CRS 16-5-401.