Leaving the Scene of an Accident in Colorado: Charges, Penalties, and Common Defenses

You were in a car accident in Colorado. You panicked and drove away. Now you’re facing hit-and-run charges that could cost you your license, your job, and your freedom.

Colorado takes leaving the scene of an accident very seriously. The consequences range from traffic infractions to felonies. The severity depends on the circumstances: property damage only, minor injury, serious bodily injury, or death.

If you’re facing charges for leaving the scene of an accident, you need to understand your legal obligations, potential penalties, and defense options. As a defense attorney and former Deputy DA, I can tell you that hit-and-run charges can have major impacts on your license and, in some cases, your freedom.

Your Legal Duties After an Accident

Colorado law outlines specific duties for drivers under C.R.S. § 42-4-1601 through 1603. The law requires you to:

• Stop immediately at the scene (or as close as possible)
• Provide identifying information (name, address, registration, driver’s license)
• Render reasonable assistance to anyone injured
• Notify law enforcement if the crash involves injury or death

Failing to do these things can result in criminal charges, even if the accident was not your fault. Sometimes it’s not immediately clear who to report to. Example: You hit a parked car, or you drove into a tree or fence. You may need to make a police report about the incident. Speak to an attorney about your specific situation as soon as possible.

Types of Hit-and-Run Charges

1. Property Damage Only

• Statute: C.R.S. § 42-4-1602
• Offense Level: Class 2 traffic misdemeanor
• Penalty: 10 to 90 days in jail and/or $150 to $300 fine
• Points: 12 points on your Colorado driver’s license (enough for suspension)

Even a minor “fender bender” can result in serious license consequences if you drive away without leaving information.

2. Accident Involving Injury

• Statute: C.R.S. § 42-4-1601(1)
• Offense Level: Class 1 traffic misdemeanor
• Penalty: 10 days to 1 year in jail and/or $300 to $1,000 fine
• Points: 12 points (license suspension possible)

This applies when someone is injured but not seriously injured.

3. Serious Bodily Injury (SBI)

• Statute: C.R.S. § 42-4-1601(2)(b)
• Offense Level: Class 4 felony
• Penalty: 2 to 6 years in prison and fines between $2,000 and $500,000
• Points: 12 points (license revocation)

Definition of SBI: Under Colorado law, “serious bodily injury” includes injuries creating a substantial risk of death, permanent disfigurement, or long-term impairment of a body part or organ.

This is one of the most severe hit-and-run charges because lawmakers view your failure to stop as endangering the injured person’s life. Leaving the scene with SBI or death are prison cases in Colorado. A plea deal or conviction will likely include a prison sentence or community corrections.

I’ve seen cases in Colorado Springs that appear to be initially minor accidents that result in death or serious injury. This is why stopping and exchanging information and notifying police is so important. Even if the collision was “accidental,” the crash can cause serious injuries. If you leave, an accident can become a felony.

Careless driving causing death is a traffic misdemeanor. But if you leave the scene (not even knowing the condition of other occupants), and an occupant has SBI or later dies, you’re looking at felony charges with years in prison.

4. Accident Involving Death

• Statute: C.R.S. § 42-4-1601(2)(c)
• Offense Level: Class 3 felony
• Penalty: 4 to 12 years in prison and fines between $3,000 and $750,000
• Points: 12 points (license revocation)

Even if you were not at fault for causing the crash, leaving the scene when someone has died is among the most serious charges short of vehicular homicide.

Remember: Even if you’re not at fault, you could be charged under 42-4-1601. It doesn’t matter who’s at fault. The duty to exchange info, render aid, and notify law enforcement still applies.

Factors That Make Charges Worse

Any hit-and-run is serious in Colorado. A conviction results in 12 points and license suspension. Certain factors make leaving the scene even more serious:

• Serious bodily injury or death (elevates charge from misdemeanor to felony)
• Prior convictions (repeat offenders face harsher penalties)
• Alcohol or drug involvement (prosecutors may pursue DUI or vehicular assault charges)
• Failure to render aid (courts impose heftier sentences)
• Vulnerable victims (pedestrians, bicyclists, children lead to aggressive prosecution)

Long-Term Consequences

Beyond jail time, fines, and license suspension, a conviction brings lasting impacts:

• Insurance Consequences: Insurance companies may cancel or drastically increase rates after a hit-and-run conviction.
• Employment: Professional drivers, commercial license holders, and employees with driving requirements may lose jobs.
• Permanent Record: Felony convictions cannot be sealed and remain on your record for life.

Common Defenses

Every case is unique. Common defenses include:

• Lack of Knowledge: You did not know you had been in an accident (more common with low-impact collisions).
• Emergency Circumstances: You left the scene to obtain urgent medical care.
• Mistaken Identity: Witnesses or investigators misidentified the driver or vehicle.
• No Actual Injury: Proving there was no “serious bodily injury” can reduce a felony to a misdemeanor.

A skilled Colorado Springs defense attorney will examine police reports, witness statements, and medical records to challenge the state’s case.

Why You Need Legal Representation

Colorado law imposes mandatory penalties including license revocation for leaving the scene. These cases should be handled by a trusted traffic defense lawyer.

The difference between a misdemeanor and felony conviction could mean the difference between probation and years in prison.

An experienced defense attorney can:

• Argue for reduced charges (property damage instead of injury)
• Seek probationary or alternative sentencing when appropriate
• Negotiate with prosecutors for outcomes that protect your driving privileges
• Present mitigating evidence about your health, mental state, or lack of intent
• Negotiate for reduced points/charges or a deferred sentence

Frequently Asked Questions

1. What if I didn’t realize I hit something?

Colorado law requires knowledge of the accident to prove the offense. If you genuinely did not know you were in a collision, this may be a valid defense.

Prosecutors must show you were aware (or should have been aware) that the accident occurred. This can be challenging to prove and is very fact-specific.

2. Can I lose my driver’s license for leaving the scene?

Yes. All leaving-the-scene charges carry 12 points, which is enough for the Colorado DMV to revoke your license. Even a first offense involving only property damage can result in suspension of your driving privileges.

For adults, 12 is the magic number to suspend your license. For minors, the numbers are lower.

3. What if no one was hurt in the accident?

If the accident involved only property damage, the charge is a class 2 traffic misdemeanor. You face up to 90 days in jail, fines, and 12 license points. While less serious than cases with injury, it still carries significant consequences and enough points to suspend your license.

4. Is leaving the scene of an accident a felony in Colorado?

It depends on the outcome of the crash:

• Property damage only: Misdemeanor
• Minor injury: Misdemeanor
• Serious bodily injury: Class 4 felony
• Death: Class 3 felony

If you leave the scene without checking on the other party, you might not know their condition. Not knowing their condition is not a defense to felony hit-and-run charges.

5. Can I be charged even if I wasn’t at fault for the accident?

Yes. Fault in causing the crash is separate from the duty to remain at the scene. Even if the other driver caused the accident, leaving before exchanging information or calling for help can result in criminal charges. Even if the other driver caused the accident and you leave, you could lose your license and face serious criminal charges.

6. Will my insurance cover me if I’m convicted of hit-and-run?

They may not. Many insurance policies exclude coverage for intentional acts like leaving the scene. Even if coverage applies, expect premium increases or policy cancellation.

7. What should I do if I’m accused of leaving the scene?

Do not try to explain yourself to police without an attorney present. Contact a Colorado traffic defense lawyer immediately. A defense lawyer can investigate whether you actually violated the statute, negotiate with prosecutors, and protect your rights.

Leaving the Scene of an Accident in Colorado: Your Next Steps

Leaving the scene of an accident in Colorado carries consequences ranging from traffic misdemeanors to life-altering felonies. The law imposes clear duties to stop, provide information, report to law enforcement, and render aid. When those duties are not met, courts and prosecutors treat it as a serious threat to public safety.

If you’ve been charged with leaving the scene, especially involving serious bodily injury or death, speak with a Colorado criminal defense attorney immediately. Skilled legal counsel can protect your rights, challenge the state’s case, and work toward the best possible outcome in your situation.

Don’t let a moment of panic destroy your future. Contact our Colorado Springs defense team today to discuss your case and explore your options.

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