What Happens If You Leave the Scene of an Accident?

Being involved in a car accident can be a terrifying experience, but leaving the scene of an accident in Colorado can lead to serious repercussions. Understanding Colorado’s laws around these incidents is crucial if you’ve been involved in a hit-and-run. This guide will break down everything you need to know, from legal definitions to potential penalties, and why seeking legal representation from our Colorado Car Accident lawyers at  Dormer Harpring may be critical to your case.

What Is a Hit-and-Run Car Accident in Colorado?

A hit-and-run occurs when a driver in an accident fails to fulfill their legal obligations before leaving the scene. Under Colorado law, drivers must stop, assist if needed, and exchange information with other parties involved. It doesn’t matter if the accident involves other vehicles, cyclists, pedestrians, or property; leaving without fulfilling these duties constitutes a hit-and-run.

Reasons drivers may flee the scene include panic, lack of a valid driver’s license, driving under the influence, or fear of legal and financial repercussions. Regardless of the reasons, leaving the scene violates Colorado Revised Statutes and can lead to significant penalties.

What Should You Do After a Car Accident or Hit-and-Run?

If you’re involved in an accident, follow these steps to comply with Colorado law:

Check for Injuries 

First and foremost, ensure that everyone involved, including yourself, is safe. Check for any visible injuries and, if someone is hurt, call 911 immediately to request medical assistance. Avoid moving anyone injured unless there is an immediate danger, such as a fire or risk of further injury.

Contact the Police 

Colorado law requires drivers to report accidents that involve injuries, significant property damage, or fatalities. If you’re unsure whether the damage is “significant,” it’s always better to call the police to stay on the safe side. According to Colorado Revised Statutes § 42-4-1602, drivers must remain at the scene until law enforcement arrives to avoid additional penalties. When the police arrive, provide them with an honest account of what happened.

Exchange Information 

Exchange your name, phone number, address, license plate number, and insurance details with all other involved parties. This information is essential for filing an insurance claim later and ensuring a smooth resolution. Be polite and cooperative, but avoid admitting fault, as this can complicate the situation legally.

Document the Scene 

Use your phone to take clear photos of the accident scene from multiple angles, including all vehicle damage, road conditions, traffic signals, and visible injuries. Be sure to capture license plates and any debris or skid marks on the road. If there are witnesses, ask for their contact information and record their statements if they are willing to provide them. This documentation can be crucial evidence for insurance claims or legal disputes.

Is Leaving the Scene of an Accident Illegal in Colorado?

Yes, leaving the scene of an accident is illegal in Colorado. Whether the incident involves injury, death, or property damage, Colorado Revised Statutes mandate specific actions from all drivers involved.

Breaking these laws can lead to criminal charges that vary in severity depending on the circumstances:

• Class 2 Misdemeanor Traffic Offense if the accident resulted only in property damage, such as damage to vehicles or other property. 
• Class 1 Misdemeanor Traffic Offense if the accident caused injuries to one or more individuals. 
• Felony Charges are imposed if the accident caused severe injuries or resulted in fatalities, with more serious legal consequences.

The severity and classification of charges depend on factors like the outcome of the accident, prior offenses, and whether the driver was impaired.

 

Consequences of a Hit-and-Run Accident in Colorado

Leaving the scene of an accident has wide-reaching consequences, both legally and personally. These include:

Legal Penalties 

Hit-and-run accidents are serious crimes with severe legal consequences. Depending on the case, convicted drivers may face fines, jail time, or the loss of their driver’s license. These charges often lead to a permanent criminal record, limiting future opportunities like employment, housing, or professional licensing. Repeat offenders may face harsher penalties, including longer prison sentences.

Financial Repercussions 

The financial impact of a hit-and-run can be overwhelming. Courts typically hold fleeing drivers responsible for all damages, including medical bills, property repairs, and potentially punitive damages for reckless behavior. Drivers may also face higher insurance premiums or risk losing coverage altogether.

Emotional and Social Costs 

Leaving the scene of an accident has lasting emotional and social consequences. It damages public trust and personal relationships, as others may consider the driver irresponsible. For victims, a hit-and-run can cause lifelong trauma, from physical injuries and emotional distress to a lingering sense of injustice. These effects ripple through families, communities, and society, undermining trust and safety on the roads.

Penalties for Leaving the Scene of an Accident in Colorado

Colorado has strict penalties for drivers who leave the scene of an accident. The severity depends on the level of impact caused by the accident:

• Property Damage Only
  Leaving the scene of an accident that results only in property damage is a Class 2 Misdemeanor Traffic Offense, punishable by $150 to $300 in fines and up to 90 days in jail.
• Causing Injury
  If the accident causes bodily injury, it is a Class 1 Misdemeanor Traffic Offense. Penalties include up to one year in jail and fines between $300 and $1,000.
• Serious Bodily Injury
  Leaving the scene of an accident that causes serious bodily injury is a Class 4 Felony. Penalties include 2 to 6 years in prison, $2,000 to $500,000 in fines, and 3 years of mandatory parole.
• Causing Death
  If the accident results in a fatality and the driver leaves the scene, it is a Class 3 Felony. The penalties include 4 to 12 years in prison, $3,000 to $750,000 in fines, and 5 years of mandatory parole. 

According to the relevant Colorado statutes, these are the penalties that apply.

Each incident carries additional consequences, like points on your driver’s license and potential revocation.

The Importance of Legal Representation in Hit-and-Run Cases

If you are facing accusations of leaving the scene or are a victim of a hit-and-run accident, contacting an attorney should be a priority. A knowledgeable legal team can provide guidance, protect your rights, and help manage the legal complexities of your situation.

For those facing charges, seasoned counsel can reduce penalties by highlighting mitigating factors. On the other hand, if you’re a victim, an attorney can help secure compensation for medical expenses, property repairs, and emotional distress.

Contact Our Colorado Hit-and-Run Attorneys for Help

Facing charges for leaving the scene of an accident in Colorado can be overwhelming, but you don’t have to go through it alone. Our skilled Denver Car Accident Lawyer at Dormer Harpring can guide you through your case while prioritizing your rights and best interests. Contact our office today at (303) 747-4404 to schedule a consultation. Don’t wait; start building your defense now.

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