Colorado Hit and Run – Fleeing the Scene of an Accident – (42-4-1601 & 42-4-1602 CRS)

Updated December 27, 2020

Colorado hit and run laws make it a crime for a motorist involved in a vehicular accident to flee the scene of the crash. Depending on the case, penalties for a hit and run can include:

• County jail in traffic misdemeanor cases (involving only property damage or minor injuries)
• State prison in felony cases (where someone is seriously hurt or killed)
• Fines and court costs
• Victim restitution
• Driver’s license suspension
• Probation
• Court-ordered alcohol and drug counseling/rehab

Defendants could also face civil liability if the victims file a lawsuit. This can result in the court ordering the defendant to pay the victim compensatory damages.

To help you better understand the crime of Colorado hit and run, leaving the scene of an accident, our Colorado DUI defense lawyers discuss the following, below:

• 1. What are my obligations after a Colorado car accident?
  • 1.1. Hitting an occupied vehicle
  • 1.2. Duty to give aid
  • 1.3. Hitting property or an unattended vehicle
• 2. What are the penalties for hit and run in Colorado?
  • 2.1. Definition of injury and serious bodily injury
  • 2.2. Unoccupied vehicle
  • 2.3. Property damage
  • 2.4. Injury
  • 2.5. Serious bodily injury
  • 2.6. Death
• 3. Are there other consequences of a hit-and-run conviction?
• 4. What are common defenses to the charge?
• 5. What is the statute of limitations for hit-and-run prosecutions?

1. What are my obligations after a Colorado car accident?

1.1. Hitting an occupied vehicle

If you are involved in a car accident in Colorado, you are legally obligated to remain at the scene of the accident unless:

• You leave in order to lawfully report the accident to law enforcement (CRS 42-4-1606),
• There is no one in the other vehicle (see below), or
• You are yourself badly injured and in need of immediate medical attention.

You are also permitted to move a small distance if leaving the cars where they are would obstruct traffic or constitute a hazard.

1.2. Duty to give aid to injured persons

If you are involved in an accident in which someone is injured, you must, where practical, give an injured person reasonable assistance. Such reasonable assistance includes taking the victim to a doctor or hospital or making arrangements for someone to do so.¹

1.3. Hitting property or an unattended vehicle

If you collide with an unattended vehicle or other property and it is damaged, you must stop and either:

• locate and notify the operator or owner of such vehicle or other property, or
• securely attach a notice to the property in a conspicuous place.

The notice must inform the owner of:

• Your name,
• Your address, and
• The registration number of the vehicle you were driving.

You must also report the accident to the police and return to the accident scene if they ask you to.²

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

Penalties for leaving the scene of a Colorado accident vary depending on:

• whether the other vehicle or property was occupied,
• whether the other vehicle or property was damaged, and
• whether anyone involved in the accident suffered:
  • injury,
  • serious bodily injury, or
  • death.

In general, Colorado hit and run criminal penalties include:

• County jail or state prison,
• Fines and court costs,
• Victim restitution payments,
• Driver’s license revocation,
• Possibly probation, and
• Alcohol and substance abuse treatment

2.1. Definition of injury and serious bodily injury

For purposes of Colorado’s hit and run statute, “injury” means physical pain, illness, or any impairment of physical or mental condition.³

“Serious bodily injury” means an injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third-degree.⁴

2.2. Unoccupied vehicle

Failure to report an accident or to provide notice to the owner of an unattended vehicle or other property owner is a class 2 misdemeanor traffic offense. Penalties for hit and run of an unattended vehicle or property can include:

• 10-90 days in jail, and/or
• A fine of $150-$300.⁵

2.3. Property damage

Leaving the scene of a Colorado accident that results in property damage is a class 2 misdemeanor traffic offense. Criminal penalties for hit-and-run with property damage can include:

• 10-90 days in jail, and/or
• A fine of $150-$300.⁶

2.4. Injury

Hit and run resulting in non-serious injury is a Colorado class 1 traffic misdemeanor. Penalties can include:

• 10 days – one year in jail, and/or
• A fine of $300-$1,000.⁷

2.5. Serious bodily injury

If you leave the scene of an accident in which someone was seriously injured, it is a Colorado class 4 felony. Colorado felony penalties for a hit-and-run with serious bodily injury can include:

• 2-6 years prison, and/or
• A fine of $2,000-$500,000.⁸

Learn more about felony hit-and-run (CRS 42-4-1603).

2.6. Death

If you flee the scene of a Colorado accident in which someone dies you commit a Colorado class 3 felony. Penalties for Colorado hit and run resulting in death can include:

• 4-12 years in prison, and/or
• A fine of $3,000-$750,000.⁹

3. Are there other consequences of a hit-and-run conviction?

If you are convicted of leaving the scene of an accident, the DMV will add 12 points to your Colorado driving record and revoke your license. Courts will also award victim restitution for the medical bills, car repairs, or other losses that the victim suffers.

4. What are common defenses to the charge?

It can be difficult to defend charges of leaving the scene of a Colorado accident. But as long as you report the accident to the police and return to the scene if requested, you may have a defense if:

• You were too seriously injured to remain on the scene and/or report the accident,
• You genuinely weren’t aware of your actions,
• You left the scene to look for a police officer or get help for someone who was injured,
• You didn’t realize anyone was injured or property was damaged, or
• No one was injured and you left a note.

5. What is the statute of limitations for hit-and-run prosecutions?

Colorado district attorneys have a limited time – called a statute of limitations – to charge suspects with leaving the scene of a crash. The time limit depends on the specific charge:

Colorado hit-and-run offense	Statute of limitations for bringing criminal charges
Class 3 felony (fatal) and vehicular homicide (CRS 18-3-1-6)  together	10 years after the accident
Class 3 felony (fatal)	5 years after the accident
Class 4 felony (serious but non-fatal injury)	3 years after the accident
Traffic misdemeanors (all other cases)	1 year after the accident

Once the applicable time period has passed, prosecutors may no longer press charges.¹⁰

Call us for help…

Getting into a crash is enough to make anyone stop thinking clearly. But leaving the scene is a serious charge that could get you a felony record – even if your intentions were good.

If you or someone you know was arrested for leaving the scene of the accident, we invite you to contact us for a free consultation.

Communities we serve include Denver, Colorado Springs, Aurora, Fort Collins, Lakewood, Thornton, Arvada, Westminster, Pueblo and Centennial.

Use the form on this page, or call us at Denver home office:

Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211
(303) 222-0330

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