Injuries from a Colorado car accident can be difficult enough to deal with. These difficulties are compounded when an injured party has knowledge the at-fault driver fled the scene. In Colorado, hit-and-run accidents amount to crimes. Victims of Colorado hit and run accidents have the right to pursue justice against the at-fault driver in both criminal court and civil court. In what follows, the car accident lawyers at Bowman Law discuss hit-and-run accidents in Colorado.
In Colorado, hit and run accidents are codified and defined at C.R.S. § 42-4-1601 and C.R.S. § 42-4-1603. The first statute designates it is a crime not to stop or return to the scene and provide information and/or render aid after an accident resulting in injury or death. The second statute defines the duty of an at-fault driver to stop and give the following information to either the other driver or any occupants of the vehicle:
Additionally, it is the duty of the at-driver to provide reasonable assistance when practical to an injured person at the scene, including transportation to a medical facility or making arrangements for transportation.
A hit-and-run accident is one of the most reckless and frustrating events a victim can experience. Colorado law requires all drivers involved in a crash to stop, render aid if necessary, and exchange information. However, some drivers choose to flee the scene instead. Their reasons vary, but most involve fear of legal or financial consequences. Here are some of the most common reasons why hit-and-run accidents happen in Colorado:
Colorado law mandates all drivers carry a minimum of $25,000.00 in bodily injury coverage to legally operate a vehicle. Despite this requirement, some drivers fail to obtain or maintain insurance due to financial constraints or negligence. If an uninsured driver causes an accident, they may panic and flee rather than face potential lawsuits, fines, or even license suspension.
Driving under the influence (“DUI”) of alcohol or drugs is a serious criminal offense in Colorado, with harsh penalties that can include hefty fines, license revocation, and even jail time. A driver who is impaired at the time of a crash may instinctively flee to avoid a DUI charge.
Some people operate vehicles without a valid driver’s license, either because they never obtained one or it was suspended/revoked due to prior infractions. The fear of facing additional penalties drives them to flee. This is especially common among unlicensed young drivers.
Some people operate vehicles owned by friends or family members. During the chaos of an accident, they panic and flee the scene, either because they fear the owner’s reaction or worry they are not on the insurance policy.
In cases where the vehicle itself is stolen, the motivation to flee is obvious. Staying at the scene would likely result in immediate arrest. Car thieves are often reckless on the road, and if they cause an accident, they will do anything to avoid being caught. These situations may even involve high-speed pursuits, creating an even greater danger to other drivers and pedestrians.
Even if the vehicle itself is not stolen, a driver carrying stolen goods may fear that remaining at the scene will lead to discovery. Someone transporting stolen electronics, valuable merchandise, or other illicit items might view fleeing as their only chance to avoid arrest.
Similar to those in possession of stolen property, individuals carrying illegal drugs or contraband panic when involved in a crash. They may worry that staying at the scene will lead to a search of their vehicle, which could result in criminal charges.
Colorado follows an at-fault civil justice system. This means a driver responsible for a Colorado car accident is also responsible for all damages, harms, and losses. If a driver knows they are at fault and worries about the financial burden of repairs, medical bills, or lawsuits, they may flee to avoid immediate repercussions.
Being involved in a car accident is stressful and often overwhelming. However, every driver has a legal and ethical duty to take appropriate steps following a crash. Failing to do so can result in severe legal consequences, especially in hit-and-run situations. If you find yourself in an accident, here’s what you must do to fulfill your duty of care:
The first priority after a collision is to ensure the safety of everyone involved. Check yourself, your passengers, and others at the scene for any injuries. Some injuries, such as concussions or internal bleeding, may not be immediately apparent. Even if no one appears seriously hurt, it’s crucial to proceed with caution—delayed symptoms can emerge hours or even days later.
Regardless of the severity of the accident, calling 911 is essential. Emergency responders can provide medical assistance to those in need and ensure the scene is properly documented. In Colorado, reporting an accident to the police is required if it results in injury, death, or significant property damage. Even in minor collisions, a police report serves as an official record that can be vital for insurance claims and legal proceedings.
When law enforcement arrives, follow their instructions carefully. Officers will assess the situation, document the accident, and direct traffic to prevent further incidents. They may also conduct field sobriety tests if intoxication is suspected. Cooperating fully ensures the investigation proceeds smoothly and that all necessary details are recorded.
Colorado law requires all drivers involved in an accident to exchange essential information. This includes names, phone numbers, addresses, driver’s license numbers, and insurance details. If the other driver refuses to cooperate or provides false information, notify law enforcement immediately. Having accurate details is critical for filing insurance claims and determining liability.
Witnesses can play a key role in clarifying how an accident occurred, especially if the other driver is disputing fault. If bystanders or other motorists saw the car accident, ask for their names and contact information. Their statements could be valuable in case of an insurance dispute or legal claim.
Photographic evidence is crucial in proving fault and supporting insurance claims. Use your phone to take clear pictures of the accident from multiple angles. Be sure to capture:
These images provide an objective record of the crash and can be instrumental in settling disputes.
Even if officers respond to the scene, it is a good idea to obtain a copy of the official police report as soon as it is available. If the police are not called to the scene, you should file a report yourself through the Colorado Department of Revenue or local law enforcement. If you live in Denver, you can submit a request online here. This document is an important piece of evidence when dealing with insurance companies and legal claims.
It is important to notify your insurance carrier about the accident as soon as possible. Provide them with all relevant details and documents, including the police report, witness statements, and any photos you took at the scene. Delaying your report can lead to complications or even denial of coverage.
If you’ve been injured or if the accident involved significant damage, consulting a car accident attorney is highly recommended. An attorney can help you understand your legal rights, negotiate with insurance companies, and pursue compensation for medical bills, lost wages, and pain and suffering. If the other driver was uninsured, underinsured, or fled the scene, legal guidance becomes even more critical.
Following the correct steps after an accident is not just a legal obligation—it protects your health, financial well-being, and ability to recover compensation. By staying calm and taking the right actions, you can avoid unnecessary complications and ensure your rights are protected. If you or a loved one has been involved in a hit-and-run or any other type of accident, seeking professional legal advice can make all the difference in your recovery.
Failing to comply with Colorado law by remaining at the scene of an accident to provide the aforementioned information can result in criminal charges and civil liability, with moderate to severe consequences for the hit-and-run driver. These vary according to the gravity of the accident and whether anyone was injured or killed.
In general, hit-and-run charges are classified as either misdemeanors or felonies, with the severity of the charge depending on the extent of the damage and injuries. A hit-and-run offense is classified as a misdemeanor traffic offense if the accident caused only minor property damage and no injuries. Misdemeanor traffic offenses are punishable by fines, jail time, and the suspension of the driver’s license. For a first-time offender, a misdemeanor hit-and-run offense can result in a fine of up to $1,000 and up to one year in jail. For subsequent offenses, the penalties can be even more severe, including higher fines and longer jail sentences.
In contrast, a hit-and-run offense is classified as a felony if the accident has caused severe bodily injury or death. Such an offense is punishable by fines, lengthy prison sentences, and the revocation of the driver’s license. If a hit-and-run accident causes serious bodily injury, the penalties can include a fine of up to $500,000 and up to six years in prison. If the accident results in a death, the penalties can be even more severe, including a fine of up to $750,000 and up to 12 years in prison. The following list represents the various charges a hit-and-run driver may face:
To sue a negligent hit-and-run driver, the first obstacle is identifying and locating the responsible driver. Immediately after a hit-and-run, it is crucial to gather as much information as possible, including the following:
Witness statements, traffic camera footage, and police reports may aid in identifying the driver. Colorado law enforcement agencies will investigate the incident, but it seems that more often than not, the hit-and-run driver cannot be identified.
If you are successful in identifying the hit-and-run driver, you should consult with a Colorado car accident lawyer before filing a personal injury lawsuit. In Colorado, you can sue for various damages, including medical expenses, lost wages, property damage, pain and suffering, and permanency. Unfortunately, suing the driver does not guarantee payment. If the driver is uninsured or has insufficient assets, collecting on a judgment can be difficult. This is why it is so important to explore other avenues of compensation.
Victims must file a personal injury claim within three years from the accident date. If a death occurred, the statute of limitations is two years. Seeking legal advice promptly ensures the protection of your rights.
At Bowman Law, our Colorado car accident lawyers specialize in advocating for individuals who have been significantly impacted by hit-and-run accident cases in Colorado. We recognize the physical, emotional, psychological, and financial challenges victims face in the aftermath of such collisions. Our legal team is skilled in navigating the complexities of hit-and-run accidents.
Our Colorado car accident lawyers will walk you through your options, help you understand your case, and obtain the compensation you deserve for your injuries and other losses. Contact us at 720-538-0604 for a free case evaluation and let us assist you. We will guide you throughout the process, fight for your legal rights, and work tirelessly to pursue the maximum settlement you need to recover and move forward. Our office is located in Denver. We serve the Front Range, including Colorado Springs, Boulder, Fort Collins, Westminster, Lakewood, and Aurora.
Owner and Managing Attorney
Jerry Bowman, J.D., M.A., Owner and managing attorney of Bowman Law LLC, takes his responsibility to the legal profession seriously and dedicates his time and effort to providing quality and competent legal representation to clients in Denver and throughout all of Colorado. He holds an MA in Political Science from Wayne State University and earned his law degree in two and a half years from Michigan State University College of Law.
Suffering any type of injury is a terrifying experience for most people. Spinal cord injuries are incredibly serious and life-altering. While these types of injuries can occur in many ways, ...
Keep Reading
Your automobile insurance policy consists of multiple coverages that provide protection in different situations involving your vehicle. By law, Colorado requires that you carry bodily injury insurance coverage with a ...
Keep Reading
Dealing with a totaled vehicle after a car accident can be overwhelming. Insurance claims are complicated enough. This confusion can be compounded when you add in the efforts of determining ...
Keep Reading
Return to All News & Resources
