Hit-and-run accidents are on the rise in Colorado, with a 22% increase in 2023, according to the Colorado State Patrol. This growing trend is alarming for those involved and carries severe legal repercussions for drivers who flee the scene. Whether it’s a minor property damage incident or a crash causing serious injury, failing to stay and provide your information can lead to heavy fines, jail time, and more.

What Constitutes a Hit and Run in Colorado?

Under Colorado law, a hit-and-run occurs when a driver involved in an accident—whether it results in property damage, injury, or death—fails to stop, provide identification, or assist the injured. This applies to accidents involving vehicles, pedestrians, or property. Colorado Revised Statutes 42-4-1601 outlines these obligations, and leaving the scene without fulfilling them constitutes a hit-and-run offense, with penalties based on the severity of the incident.

Criminal Consequences of a Hit and Run

• Misdemeanor Charges: If you leave the scene of an accident that results only in property damage, you’ll face misdemeanor charges. The penalties include fines ranging from $300 to $1,000, up to one year in jail, and 12 points added to your driving record. Accumulate enough points, and you could lose your license entirely.
• Felony Charges: Hit-and-run accidents involving injury or death are far more serious and result in felony charges. Felony hit-and-run convictions can lead to fines as high as $750,000, up to 12 years in prison, and a permanent felony record.

Civil Consequences of a Hit and Run

Civil lawsuits may be filed against you for any damages caused by the accident, including medical bills, pain and suffering, and property damage. Worse yet, your insurance company may refuse to cover these expenses, as many policies exclude coverage for drivers convicted of a hit-and-run.

Even if your insurance doesn’t deny your claim, expect your premiums to skyrocket. A hit-and-run conviction can make you a high-risk driver in the eyes of insurance companies, leading to increased rates or outright cancellation of your policy. These are long-term financial consequences that don’t just fade over time.

DMV and Driving Privileges

Colorado operates on a point system, and a hit-and-run conviction can add enough points to your driving record to trigger an automatic suspension or even permanent revocation of your license. If your license is suspended or revoked, getting it reinstated isn’t easy. You may be required to complete defensive driving courses, pay reinstatement fees, and meet other DMV requirements.

Defenses Against Hit and Run Charges in Colorado

Lack of Knowledge of the Accident

One common defense in hit-and-run cases is that the driver was unaware an accident had occurred. Especially in minor collisions, a driver might not realize that they’ve caused property damage or an injury. This defense argues that there was no intention to flee the scene because the driver was simply unaware of any impact.

Fear for Personal Safety

If an accident occurs in a dangerous area or the other party becomes aggressive, a driver may flee to protect themselves. In these cases, the intent isn’t to avoid responsibility but to seek a safer environment before reporting the accident.

No Actual Damage or Injury

Sometimes, drivers are wrongfully accused of a hit-and-run when no actual damage or injury was caused. If there is no evidence of significant damage or injury, this can be used as a defense, arguing that the driver had no legal obligation to remain at the scene or provide assistance.

Mistaken Identity

In some cases, a driver may be wrongfully identified as the perpetrator of a hit-and-run. If you have been accused but were not involved in the accident, your attorney can work to prove your alibi or demonstrate that someone else was responsible for the incident.

Consult a Denver Criminal Defense Attorney

At the Law Office of Kimberly Diego, facing hit-and-run charges doesn’t have to be overwhelming. With years of experience, Kimberly Diego provides a solid and strategic defense to protect your rights and minimize penalties. Whether you’re dealing with a misdemeanor or felony charge, she thoroughly investigates your case, challenges the evidence, and works to achieve the best possible outcome. You’ll receive a personalized defense strategy with clear guidance through every step of the legal process.

If you’ve been charged with a hit-and-run, contact Kimberly Diego at (720) 257-5346 for a free consultation, and let her start building your defense today.