Leaving an accident scene -- Colorado 42-4-1601, C.R.S. (hit and run)
It is a crime to leave the scene of a Colorado car accident – even when no one is injured. And in the case of serious injury or death, hit-and-run is a Colorado felony.
Consequences of a Colorado misdemeanor hit and run can include 10 days or more jail time, a fine, and the loss of your Colorado driver's license.
Penalties for leaving the scene of an accident in which someone dies can include as much as 12 years in prison.
To help you better understand the crime of Colorado hit and run / leaving the scene of an accident, our top 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. Colorado hit-and-run criminal penalties
- 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. Additional consequences of a Colorado hit-and-run
- 4. Defenses to Colorado hit-and-run charges
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,
- 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.
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
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
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:
- serious bodily injury, or
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 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
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
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
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
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
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
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.
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.
Call us for help…
Getting into an accident is enough to make anyone stop thinking clearly. But Colorado hit-and-run 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.
Our Colorado criminal defense and DUI attorneys understand you may have had valid reasons for leaving the scene of the accident. Maybe you just didn't realize how serious the accident was. Perhaps you simply panicked.
Whatever the reason, you don't have to face hit-and-run charges alone. Contact us today to find out why we are considered some of the best hit-and-run lawyers in Denver and the state of Colorado.
We'll go over the facts of your case and see how we can help keep you driving – or at least keep you out of jail.
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
1400 16th Street ste. 400
16 Market Square
Denver CO 80202
- Colorado Revised Statutes, 42-4-1603, C.R.S.
- 42-4-1606, C.R.S.
- 42-4-1601 (4)(a), C.R.S.
- 42-4-1601 (4)(b), C.R.S.
- 42-4-1701 (3)(a)(II)(A), C.R.S.
- 18-1.3-401, C.R.S.