Most people think they know what a hit and run is. You crash into something and drive away. Simple, right? Actually, Colorado’s hit and run laws are way more specific than that. And the penalties? They can seriously mess up your life.
Let’s break down exactly what you need to know about leaving the scene of an accident in Colorado.
What Is a Hit and Run in Colorado?
A hit and run happens when you’re involved in an accident and leave without doing what the law requires. That could mean hitting another car, a pedestrian, someone’s property, or even a parked car.
Here’s the thing. Colorado law doesn’t care who caused the accident. Even if someone else hit you, you still have to stop and follow the rules. Yep, that’s all you need.
The law covers any accident involving property damage, injury, or death. It applies whether you’re on a highway, in a parking lot, or on a side street. Pretty much anywhere you can drive, these rules apply.
Your Legal Duties After an Accident
Okay, this part is important. When you’re in an accident, Colorado law says you must do specific things. What you have to do depends on what happened.
If Someone Gets Hurt or Dies
You must stop immediately at the scene or as close as possible. You have to stay there until you’ve done everything the law requires. That means giving your name, address, and vehicle registration number to the other driver or anyone who got hurt.
Colorado law also says you need to help injured people if you can. This is called “rendering aid.” Basically, call 911 or get them to a hospital if needed.
And yes, you must call the police and report the accident. This isn’t optional.
If There’s Only Property Damage
The rules are a bit different if nobody got hurt. You still have to stop right away. You need to exchange information with the other driver. That includes your name, address, registration number, and insurance details.
You also have to move your car out of traffic if possible. This keeps other people safe and prevents more accidents.
If You Hit a Parked Car
This one trips people up all the time. You back into someone’s car in a parking lot. Nobody’s around. Can you just leave? Absolutely not.
You have to try to find the owner. If you can’t find them, you must leave a note in a visible spot like the windshield. The note needs your name, address, and vehicle registration number.
Wondering if this applies to you? If you caused any damage at all, even a tiny scratch, you legally have to leave that note. People get charged with hit and run over parking lot fender benders. It happens more than you think.
What Counts as “Injury” Under Colorado Law?
Colorado defines injury pretty broadly. It doesn’t have to be something major. Any physical pain, illness, or impairment of your body or mind counts as an injury.
So basically, if someone says they hurt their neck or back, that’s an injury. Even if they don’t go to the hospital right away.
“Serious bodily injury” is different. This means an injury that could cause death, permanent disfigurement, or long-term loss of function of a body part. It includes things like second or third-degree burns, broken bones, and fractures.
The difference between regular injury and serious injury matters a lot. We’ll get to why in a minute.
Penalties for Hit and Run in Colorado
Hold on, this part is important. The penalties for hit and run vary wildly based on what happened in the accident.
Property Damage Only
If you only damaged property and nobody got hurt, it’s a Class 2 misdemeanor traffic offense. This can get you 10 to 90 days in jail. You could also pay a fine between $150 and $300.
Plus, you’ll get 12 points on your driving record. In Colorado, if you rack up 12 points in 12 months, your license gets suspended. So yeah, this alone could cost you your license.
Non-Serious Injury
If someone got injured but not seriously, it becomes a Class 1 traffic misdemeanor. This is more serious. You’re looking at up to 1 year in jail and fines up to $1,000.
The court might also make you pay restitution to the injured person. That means covering their medical bills and other costs. And you still get those 12 points on your license.
Serious Bodily Injury
Now we’re into felony territory. Leaving the scene when someone suffered serious injuries is a Class 4 felony. The penalties jump way up.
You could face 2 to 6 years in prison. Fines can go up to $500,000. You’ll probably lose your license for at least a year.
Plus, you’ll have a felony on your record. This affects job opportunities, housing, and basically your whole future.
Death
This is the most serious charge. If someone dies and you leave the scene, it’s a Class 3 felony. You’re looking at 4 to 12 years in prison. Fines can reach $750,000.
Not sure what counts as leaving the scene? If you drive away before giving your information and helping injured people, that’s leaving. Even if you only left for a few minutes.
Special Circumstances and Exceptions
Colorado law does recognize a few situations where you might need to leave the scene. These are pretty limited though.
You can leave to report the accident to law enforcement. But you need to do this immediately and then come back to the scene. You can’t just go home and call later.
If you’re seriously injured yourself and need immediate medical attention, you can leave to get help. This has to be a real emergency though.
You’re also allowed to move your vehicle a short distance if leaving it where it is would block traffic or create a hazard. But you can’t actually leave the area.
That’s basically it. There aren’t many exceptions here.
What Happens to Your Driving Record?
A hit and run conviction adds 12 points to your Colorado driving record. This is huge because Colorado uses a point system to track bad drivers.
Here’s how it works. If you get 12 points in 12 months or 18 points in 24 months, the DMV suspends your license. So a single hit and run conviction could immediately suspend your license.
The suspension typically lasts one year. During that time, you can’t legally drive. This affects your job, your ability to take care of your family, and your whole life.
Your insurance rates will also skyrocket. Many insurance companies drop drivers with hit and run convictions. If they don’t drop you, expect to pay way more for coverage.
Beyond Criminal Penalties
Criminal charges aren’t the only problem you’ll face. The victim can also sue you in civil court.
They can ask for money to cover medical bills, lost wages, property damage, pain and suffering, and more. If someone died, their family can file a wrongful death lawsuit.
These lawsuits can cost you tens or even hundreds of thousands of dollars. And you can’t discharge this debt in bankruptcy if it comes from a hit and run.
Your insurance might not cover you either. Many policies don’t pay out if you committed a crime like fleeing the scene.
How Police Investigate Hit and Runs
Colorado law enforcement takes hit and run cases seriously. They use lots of methods to track down drivers who flee.
Investigators collect evidence from the scene. This includes car parts left behind, paint chips, skid marks, and damage patterns. Modern cars leave tons of evidence when they crash.
They review surveillance footage from nearby businesses, traffic cameras, and doorbell cameras. Honestly, cameras are everywhere now. They probably caught your car.
Witnesses are huge too. Someone usually sees what happened or gets your license plate number. Police also check body shops for cars getting suspicious repairs.
If someone got seriously hurt or died, police might issue a Medina Alert. This is like an Amber Alert but for hit and run crashes. It broadcasts information about the suspect vehicle across the state.
What to Do If You’re Involved in an Accident
Okay, so what should you actually do if you’re in an accident? Let’s walk through it.
First, stop immediately. Don’t even think about leaving. Pull over as safely as possible and turn on your hazard lights.
Check if anyone is hurt. If someone needs help, call 911 right away. Stay on the line and do what the dispatcher tells you.
Call the police even if nobody seems injured. For any accident with injury, death, or significant property damage, you’re legally required to report it.
Exchange information with everyone involved. Get their names, addresses, phone numbers, license numbers, and insurance information. Give them your information too.
Take photos if you can. Get pictures of the damage to all vehicles, the accident scene, and any injuries. This helps with insurance claims and protects you legally.
Write down what happened while it’s fresh in your mind. Note the time, location, weather conditions, and anything else relevant.
Wait for police to arrive and finish their investigation. Don’t leave until they say you can go.
Stay calm and be cooperative. Getting angry or defensive doesn’t help anyone.
Common Reasons People Leave the Scene
Let me be honest. People usually leave for understandable reasons. That doesn’t make it legal, but it explains why it happens.
Many drivers panic. Accidents are stressful and scary. Your brain might tell you to just get out of there. Some people don’t realize how serious the situation is until later.
Others are worried about getting in trouble for other reasons. Maybe they’re driving without insurance or a valid license. Maybe they’ve been drinking. They think fleeing will help them avoid worse charges.
It won’t. Leaving makes everything worse. If you’re worried about a DUI, fleeing adds felony hit and run charges on top of it.
Some people genuinely don’t realize they were in an accident. This can happen with minor parking lot bumps. But if there’s visible damage, you can’t use this as an excuse.
If You Already Left the Scene
Sound complicated? It’s actually not. If you already left the scene of an accident, you need to act fast.
Contact a criminal defense attorney immediately. Seriously, before you do anything else. An attorney can help you turn yourself in properly and protect your rights.
Don’t talk to police without your lawyer present. Anything you say can be used against you. Even if you want to explain or apologize, wait for your attorney.
You might be able to reduce the charges by coming forward voluntarily. Courts sometimes view self-reporting more favorably than getting tracked down by police.
The faster you act, the better. Evidence disappears and witnesses forget details over time. Plus, showing you’re taking responsibility can help your case.
Protecting Yourself as a Victim
What if you’re the victim of a hit and run? There are steps you should take right away.
Try to get the other driver’s license plate number. Even a partial plate helps. Note the make, model, and color of their vehicle too.
Look for witnesses. Anyone who saw what happened might have information you missed. Get their contact information.
Call 911 and report the hit and run immediately. The sooner police start investigating, the better chance they have of finding the driver.
Document everything. Take photos of your vehicle damage, any injuries, and the scene. Write down what happened while you remember the details.
Contact your insurance company. You might have uninsured motorist coverage that applies to hit and run accidents.
Get medical attention even if you feel okay. Some injuries don’t show symptoms right away. Having medical records also helps if you need to file a claim later.
Hit and Run vs Other Charges
People often ask how hit and run charges work with other offenses. Can you get charged with multiple crimes from one accident?
Yep, that’s all you need. If you were driving drunk and caused an accident, you can face DUI charges plus hit and run charges. The hit and run is a separate crime from the DUI.
Same thing with reckless driving or driving without insurance. Each violation is its own charge with its own penalties.
The charges stack up. You could be looking at multiple years in prison and massive fines from just one incident.
Recent Changes and Updates
Colorado’s hit and run laws haven’t changed dramatically in recent years. The basic requirements have been the same for a while.
The penalties and enforcement have gotten stricter though. Police have more tools to track down fleeing drivers. Prosecutors are taking these cases more seriously.
Courts are also less likely to go easy on hit and run offenders. Judges see these as crimes that show a real disregard for other people’s safety.
The Medina Alert system was added specifically to help catch hit and run drivers in serious cases. It’s been pretty effective at identifying suspects quickly.
How Long Can They Prosecute You?
The statute of limitations depends on how the crime is charged. This is how long prosecutors have to file charges.
For misdemeanor hit and runs involving property damage or minor injury, the limit is 18 months. After that, they can’t charge you.
For Class 4 felony cases with serious injury, prosecutors have 3 years. For Class 3 felony cases involving death, they have 5 years.
If the death also involves vehicular homicide charges, the limit extends to 10 years.
These time limits start from the date of the accident. Not from when police identify you as a suspect.
Getting Legal Help
If you’re facing hit and run charges in Colorado, you need an experienced criminal defense attorney. These cases are too serious to handle alone.
A good lawyer can examine the evidence against you. They might find weaknesses in the prosecution’s case. Maybe police violated your rights during the investigation.
Your attorney can also negotiate with prosecutors. They might get charges reduced or work out a plea deal with lighter penalties.
In some cases, they can present defenses. Maybe you didn’t know an accident occurred. Maybe you left because of a medical emergency. These arguments require professional legal help.
Don’t wait to get help. The sooner you hire an attorney, the better they can protect your rights and build your defense.
Frequently Asked Questions
What should I do if I accidentally hit a parked car? Stop immediately and try to find the owner. If you can’t, leave a note with your contact and vehicle information in a visible spot on their car. Then report the accident to police. Don’t just drive away.
Can I be charged with hit and run if I didn’t cause the accident? Yes. Colorado law requires all drivers involved in an accident to stop and exchange information, regardless of who caused it. Even if someone hit you, leaving the scene is still illegal.
What if I didn’t realize I was in an accident? This can be a defense, but it’s hard to prove. If there’s visible damage to your vehicle or you should have reasonably known about the collision, this defense probably won’t work.
How long will a hit and run stay on my record? In Colorado, traffic misdemeanors stay on your record for 7 years. Felony convictions remain on your criminal record permanently unless you get them sealed, which is difficult for felonies.
Will my insurance cover me if I’m convicted of hit and run? Probably not. Most insurance policies exclude coverage for accidents where the driver committed a crime. You’ll likely be personally responsible for all damages and legal costs.
Final Thoughts
Hit and run laws in Colorado are strict for a reason. When someone flees an accident scene, it makes everything worse for the victims and the justice system.
If you’re ever in an accident, just stop. Stay calm, check on everyone, exchange information, and call the police. Following these simple steps keeps you out of serious legal trouble.
And if you already left the scene? Get a lawyer now. Don’t wait for police to come knocking. Being proactive is always better than being reactive.
The bottom line is this. Leaving the scene turns a bad situation into a criminal case. Don’t let panic make your problems worse. Do the right thing and stay put.
References
- Colorado Revised Statutes § 42-4-1601 – Accidents Involving Death or Personal Injuries https://codes.findlaw.com/co/title-42-vehicles-and-traffic/co-rev-st-sect-42-4-1601/
- Colorado Revised Statutes § 42-4-1602 – Accident Involving Damage https://codes.findlaw.com/co/title-42-vehicles-and-traffic/co-rev-st-sect-42-4-1602/
- Colorado Department of Revenue – Driver’s License Point System https://dmv.colorado.gov/
- Colorado Bureau of Investigation – Medina Alert System https://www.sos.state.co.us/CCR/GenerateRulePdf.do?ruleVersionId=6015&fileName=8+CCR+1507-33
- Colorado Bar Association – Criminal Defense Resources https://www.cobar.org/
