What Are the Legal Penalties for Leaving the Scene of an Accident in Colorado?

Leaving the scene of an accident, commonly known as a hit-and-run, carries significant legal penalties in Colorado. Understanding the implications can help drivers act responsibly if involved in an accident, whether it occurs in bustling areas like Denver or quieter communities such as Commerce City. This article outlines the legal consequences of leaving the scene of an accident in Colorado, the steps drivers should take if they find themselves in such a situation, and how to protect your rights.

Legal Obligations After an Accident in Colorado

1. Stay at the Scene
Colorado law mandates that drivers involved in any type of accident must stop and remain at the scene until they have fulfilled specific legal requirements. These obligations include exchanging contact and insurance information and providing reasonable assistance if anyone is injured. Failing to stay at the scene, whether the accident involves property damage or injury, is a serious offense.

2. Notify Law Enforcement
For accidents involving injury, death, or significant property damage, it is essential to report the accident to law enforcement. Contacting local authorities not only ensures compliance with the law but also generates an official accident report, which can be invaluable for insurance claims and potential legal proceedings.

Penalties for Leaving the Scene of an Accident

1. Accidents Involving Only Property Damage
If a driver leaves the scene of an accident that results only in property damage, they could face:

• Class 2 Misdemeanor Traffic Offense: Penalties may include fines up to $1,000 and up to one year in county jail.
• Points on Your License: Such an offense can add points to your driving record, potentially leading to a suspended license.

Example Scenario: A driver in Aurora collides with a parked car and leaves without notifying the owner or authorities. If caught, the driver could face misdemeanor charges and license consequences.

2. Accidents Involving Injury
Leaving the scene of an accident involving injury elevates the offense significantly:

• Class 4 Felony: This carries penalties that may include 2 to 6 years in prison and fines up to $500,000. Probation may also be part of the sentencing.
• Impact on Insurance: Convictions for hit-and-run offenses can lead to increased insurance premiums or policy cancellation.

3. Accidents Involving Serious Bodily Injury or Death
The most severe penalties apply to accidents where a driver leaves the scene and serious bodily injury or death occurs:

• Class 3 Felony: Penalties can range from 4 to 12 years in prison and fines between $3,000 and $750,000.
• Driver’s License Revocation: A conviction may lead to the immediate revocation of driving privileges.

Example Scenario: A driver in Westminster is involved in an accident where another party is seriously injured. Failing to stop and provide aid or report the incident could result in a Class 3 felony charge with substantial legal and financial repercussions.

Steps to Take If You’re Involved in an Accident

1. Prioritize Safety
Ensure the safety of all parties involved by pulling over to a safe location and turning on hazard lights. Check for injuries and provide aid if needed.

2. Contact Law Enforcement
In cases involving significant damage, injury, or disputes, contacting law enforcement is essential. An official police report will document the incident, aiding in insurance claims and protecting against potential legal issues.

3. Exchange Information
Collect and provide the following:

• Full names and contact details
• Insurance company and policy number
• Driver’s license numbers and vehicle registration

4. Document the Scene
If safe to do so, take photos of the accident scene, vehicle damage, and relevant road conditions. This documentation can support your claim and help determine fault.

Consequences Beyond Legal Penalties

1. Civil Liability
Apart from criminal charges, leaving the scene of an accident may result in civil lawsuits from injured parties seeking compensation for medical expenses, lost wages, and emotional distress.

2. Insurance Ramifications
Insurance companies view hit-and-run violations seriously. A conviction could lead to non-renewal of your policy or significantly higher premiums. In cities like Broomfield and Commerce City, where driving is often necessary, maintaining affordable insurance coverage is important.

Legal Defenses for Hit-and-Run Charges

1. Lack of Awareness
In some cases, drivers may not be aware that they were involved in an accident, such as a minor tap in a crowded parking lot. Demonstrating a lack of knowledge about the incident may serve as a defense.

2. Emergency Situations
Emergencies, such as medical crises, could explain why a driver left the scene. An attorney can help present evidence showing that leaving was a necessary action under extenuating circumstances.

3. Mistaken Identity
In cases where someone is wrongly accused of leaving the scene, presenting alibis, witness testimony, or evidence showing that the vehicle was not involved can help build a defense.

How an Attorney Can Help

Consulting an experienced attorney after an accident ensures that you understand your rights and obligations. Attorneys, such as those at flanagan.law, can assist drivers in defending against charges, negotiating with insurance companies, and navigating potential civil liabilities. Whether you are in Denver, Aurora, or any part of Colorado, legal guidance can make a significant difference in the outcome of your case.

Conclusion

Leaving the scene of an accident carries serious legal and financial consequences in Colorado. From property damage to cases involving injury or death, understanding your obligations and acting responsibly is key to avoiding severe penalties. Whether you’re driving in Commerce City, Broomfield, or any other Colorado community, knowing the proper steps to take after an accident can protect your rights and safeguard your future.

FAQ

1. What should I do if I witness a hit-and-run accident?
Call 911 immediately to report the accident and provide any details you observed, such as the vehicle’s make, model, and license plate number.

2. Can I be charged if I leave the scene but return shortly after?
Yes, leaving the scene even briefly may result in charges, although returning could be viewed favorably in your defense.

3. How long do I have to report an accident in Colorado?
Colorado law requires you to report accidents involving injury, death, or significant property damage immediately.

4. Can I face jail time for a hit-and-run involving only property damage?
Yes, leaving the scene of an accident involving only property damage is a misdemeanor that can lead to jail time and fines.

5. How can I avoid being wrongly accused of leaving the scene?
Maintain thorough records, such as dashcam footage or witness statements, to defend against potential wrongful accusations.