What is the statute of limitations for hit-and-run in Colorado?

Posted on January 26, 2023

Following a Colorado hit-and-run incident, prosecutors can press criminal charges against the suspect within one year in most cases, three years if serious injury results, five years if death results, and ten years in vehicular homicide cases. Meanwhile, the victim can bring a civil lawsuit within three years after the accident.

What is a statute of limitations?

A criminal statute of limitations is the time limit in which criminal suspects can be prosecuted. A civil statute of limitations is the time limit in which a person who may have broken the law can be sued by the victim. Once the statute of limitation passes, the person can no longer be held legally liable.

The purpose of statutes of limitation is to encourage prosecutors and victims to take legal action quickly. The more time that passes, the more memories fade and evidence disappears. The most serious Colorado crimes such as murder have no criminal statute of limitations at all.

Below is a chart summarizing the criminal statute of limitations for Colorado hit and run cases.¹

Colorado hit-and-run crime	Criminal statute of limitations
Hitting unattended vehicle or property	One year after the accident
Causing only property damage	One year after the accident
Causing non-serious injuries	One year after the accident
Causing serious injuries	Three years after the accident
Causing death	Five years after the accident
Causing death, plus the defendant committed vehicular homicide (CRS 18-3-106) by driving recklessly or under the influence of drugs or alcohol	Ten years after the accident

Following a hit-and-run in Colorado, the victim has three years after the accident to sue the driver. And if the case involved vehicular homicide, his/her estate or family has four years following the death to bring a wrongful death suit. Note that it may be possible for this time limit to toll (pause) in certain circumstances, such as if the victim is put in a coma and therefore unable to file a lawsuit.²

What if I get charged or sued after the statute of limitations has run?

If prosecutors try to charge you – or if the victim tries to sue you – after the applicable statute of limitations has already run, you or your attorney would file a motion to dismiss the case. The judge should grant the motion as long as the applicable statute of limitations has expired.

What if I do not get a speedy trial?

If you are charged with hit-and-run in Colorado, you have the right to a “speedy trial” no later than six months after you pleaded not guilty. If the court schedules the trial later than six months after your plea and without your approval, you or your attorney must file a motion to dismiss the case before:

• the trial begins and
• any pretrial motions set for hearing immediately before the trial or entry of plea

If you fail to ask the court to dismiss the case, you waive your right to a speedy trial. Consequently the prosecutors can continue pressing charges against you.³

What is hit-and-run in Colorado?

Following a car accident in Colorado, the drivers have a duty to stop and exchange information, report the accident, and render aid to injured victims. And if a person hits an unattended vehicle or other unattended property, the driver has the duty to try to find the owner or leave a conspicuous note with his/her information. People who fail to stop at the scene of the accident and perform their duties face hit-and-run charges.

The penalties for hit-and-run in Colorado depend on the seriousness of the case:

Hit-and-run case	Penalties in Colorado
Hitting unattended vehicle	Class 2 misdemeanor traffic offense: 10 to 90 days in jail, and/or A fine of $150 to $300.
Only property damage	Class 2 misdemeanor traffic offense: 10 to 90 days in jail, and/or A fine of $150 to $300.
Causing only non-serious injuries	Class 1 traffic misdemeanor: 10 days to one year in jail, and/or A fine of $300 to $1,000.
Causing serious injury	Class 4 felony: 2 to 6 years prison, and/or A fine of $2,000 to $500,000.
Causing death	Class 3 felony: 4 to 12 years in prison, and/or A fine of $3,000 to $750,000. If the defendant was allegedly driving recklessly or under the influence of alcohol, the defendant would also face charges for vehicular homicide. Vehicular homicide by reckless driving is a class 4 felony carrying 2 to 6 years prison, and/or a fine of $2,000 to $500,000. Vehicular homicide by DUI is a class 3 felony, carrying 4 to 12 years in prison, and/or a fine of $3,000 to $750,000.

Learn more about felony hit-and-run. Also see our article, Denver hit and run – What are the penalties? ⁴

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Legal References