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What to Do After Committing a Hit-and-Run

Posted on 01/24/25

Like all states, Colorado law requires those involved in traffic accidents with property damage or injuries to remain at the scene of the accident until cleared by law enforcement. Leaving the scene of a car accident is more than a traffic violation, it’s a hit-and-run—a criminal offense. Under Colorado Title 42 Vehicles and Traffic § 42-4-1601, the law states the following:

“The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the scene as possible or shall immediately return to the scene of the accident.”

There are many reasons a driver might leave the scene of an accident, and not all of them are nefarious or intentional. If you’ve committed a hit-and-run in Colorado, it’s critical to know what to do next.

What Should I Do If I Left the Scene of an Accident In Colorado?

Leaving the scene of an accident is a crime. Depending on whether or not there were injuries or fatalities, a hit-and-run driver faces misdemeanor or felony charges with penalties that include jail time, fines, and a permanent criminal record. If you were involved in a car accident or struck a pedestrian or bicyclist, and left the scene, it’s critical to act fast to minimize the potential criminal consequences. It isn’t too late to act by doing the following:

  • If only a few minutes have passed, call 911 to report the accident and return to the scene of the accident to comply with the police request for your driver’s license and insurance information
  • If significant time has passed since the accident, call your local law enforcement agency and report your involvement
  • Explain what happened without admitting fault for the accident. Perhaps your flight or fight response, severe anxiety, or confusion about whether or not an accident occurred caused you to leave the scene
  • Call an experienced Colorado criminal defense attorney to defend your rights

It’s not uncommon to show poor judgment during moments of high adrenaline after a car accident. It’s important to mount an immediate robust defense strategy with representation from an attorney ready to safeguard your rights.

Understanding the Penalties for a Hit-and-Run Accident

When an involved driver does not fulfill their legal obligation to remain at an accident scene until cleared by the police, they face the following significant criminal charges for a hit-and-run conviction:

  • A Class 1 misdemeanor traffic offense if the accident caused injuries
  • A Class 2 misdemeanor traffic offense if the accident caused property damage but no injuries
  • A Class 3 Felony if the accident caused one or more fatalities either during the accident or a later death due to injury complications
  • A Class 5 Felony if there were severe injuries to one or more people

Common Reasons for Leaving the Scene of an Accident

After the shock of a car accident, there are many reasons drivers make the critical error of leaving the scene, including the following:

  • They were unaware that they caused an accident
  • Their fight-or-flight response clouded their judgment
  • They lack auto insurance
  • They lack a valid driver’s license
  • They were intoxicated
  • They had illegal substances or illegal weapons in their car
  • There is an outstanding warrant for their arrest on other charges

Regardless of your reasons for committing a hit-and-run accident, you have a right to an immediate strong defense. An experienced defense team has successful strategies to defend against a hit-and-run conviction. Reach out today to discuss your case.