What Happens If You Leave The Scene Of An Accident?

At Bachus & Schanker, you can schedule your free consultation at one of our offices throughout Colorado or in Wyoming in these cities: 

• Denver
• Aurora
• Colorado Springs
• Englewood
• Fort Collins
• Cheyenne, WY

We can also visit you at home or in the hospital or conduct a free consultation virtually.  

What Is A Hit-And-Run Car Accident In Colorado?

A hit-and-run car accident occurs when a driver involved in a car accident doesn’t fulfill their obligations after the accident. The driver will flee the scene because they have some reason they do not want contact with the police like they are driving under the influence. They may drive off in their vehicle if it is still operational or flee on foot. 

Colorado law requires a driver to stop, arrange for medical aid if there is bodily injury, and report the car accident to law enforcement. All parties involved in an accident have legal requirements to fulfill before leaving the scene.

Why Do Hit-And-Run Accidents Happen?

There are several reasons why hit-and-run accidents occur, including the following:

• Uninsured drivers: All vehicle owners in Colorado are required to have minimum insurance coverage to operate a vehicle legally, especially liability insurance.
• Drunk driving: This is operating a vehicle while under the influence of alcohol or drugs beyond legal limits.
• Driving without a license: When you drive and do not have a license or your license is suspended, there are legal consequences.
• Driving a borrowed vehicle: Some people may panic because they borrowed a car and are afraid of the owner finding out.
• Driving a stolen vehicle: The driver attempts to avoid being caught in the illegal activity they committed prior to the accident.
• In possession of stolen property: Being caught with stolen property can cause someone to flee from an accident.
• In possession of illegal substances: Some people may fear being caught with illegal substances when they know they are not supposed to have them.
• Fear of financial responsibility: Colorado is an at-fault state, meaning the driver primarily or mostly responsible for your injuries and damages must pay for them.

What Should You Do After A Car Accident?

Each person involved in a car accident has a duty of care and specific steps to follow, including:

• Check all drivers and passengers for injuries.
• Call 911 to request medical assistance and report the accident to the police.
• Follow all instructions given by law enforcement.
• Exchange contact and insurance information with the other party.
• Obtain contact details from any witnesses.
• Take pictures of the accident and damages, ensuring you get photos of all vehicles’ make, model, and license plate.
• File a police report.
• Notify your insurance company you were in an accident and provide them with the other person’s insurance information.
• Schedule a free consultation with a car accident attorney to discuss your legal options, rights, and potential compensation.

What Should You Do After A Hit-And-Run Car Accident?

If you are involved in a hit-and-run car accident, things will be slightly different. You should still call 911 and request medical assistance and the police. Since the other driver fled, you may be unable to obtain their contact and insurance information immediately. You will still notify your insurance company of the accident, but let them know it was a hit-and-run and then follow all remaining steps as you would after a car accident. 

Is Leaving The Scene Of An Accident Illegal?

All parties involved in an accident have legal requirements to fulfill before leaving the scene. When someone flees the scene of a car accident, they are breaking the law. The criminal charges they could face can include:

• Class 1 Misdemeanor Traffic Offense: One or more persons were injured in the accident.
• Class 2 Misdemeanor Traffic Offense: Only property damage occurred, and there were no injuries.
• Class 3 Felony: One or more persons died either during the accident or from complications from their injuries.
• Class 5 Felony: There were severe injuries to one or more people.

If someone is convicted and found guilty of one of these offenses, they could face fines and jail time that will vary in length based on the offense. 

It is important to remember that criminal charges against the defendant will not provide any monetary compensation for your injuries and losses. You still need to file a hit-and-run injury lawsuit in civil court against the individual and their insurance company.

Can I Leave The Scene Of An Accident If There Were No Injuries?

No, you cannot leave the scene of an accident, even when there are no injuries. The law requires you to report the accident by calling the police. If you leave the scene when there are no injuries, you could be facing a Class 2 misdemeanor and up to 90 days in jail and a one-year suspension of your driver’s license. 

What To Do If The Responsible Party Flees The Scene Of A Car Accident

If the responsible party flees the scene of a car accident, it is important to remain at the scene and gather as much information as possible. This includes taking pictures, noting any details about license plates or vehicles involved, and reporting the incident to law enforcement by calling 911.

Notify them if you have been involved in a hit-and-run car accident. If you require medical care, inform the 911 operator. Additionally, obtain contact details from any witnesses. Once you can do so, notify your insurance company of the accident. 

It is also beneficial to consult with a hit-and-run lawyer. While they may not be able to file an injury claim against the responsible party until they are located, they might provide access to valuable resources and victim advocates. Both of these things can help to provide the support you need, especially if you were seriously injured or lost a loved one.    

Colorado Laws For Hit-And-Run Car Accidents

• CRS 42-4-1601 – Accidents Involving Death or Personal Injuries – Duties  
• CRS 42-4-1602 – Accidents Involving Damage – Duties
• CRS 42-4-1603 – Duty to Give Notice, Information, and Aid
• CRS 42-4-1604 – Duty Upon Striking Unattended Vehicle or Other Property
• CRS 42-4-1605 – Duty Upon Striking Highway Fixtures or Traffic Control Devices
• CRS 42-4-1606 – Duty to Report Accidents
• CRS 42-4-1607 – When Driver Unable to Give Notice or Make Written Report

What Are The Consequences Of A Hit-And-Run Accident In Colorado?

There are numerous consequences of a hit-and-run accident in Colorado for the victim and the person who caused the accident. 

Criminal Penalties

When someone flees the scene of a hit-and-run accident, they can face several criminal penalties, including: 

• Criminal charges
• Fines
• Jail time
• Restitution
• License suspension/revocation
• Civil lawsuit

Injury And Serious Bodily Injury

The victim of a hit-and-run accident is often left with various injuries. Injury commonly refers to physical pain, illness, or any impairment of physical condition. Serious bodily injury is a more severe form of injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairments of the function of a bodily member or organ.

Property Damage

Hit-and-run accidents often result in property damage. This can include damage to cars, other personal property, buildings, and public infrastructure, such as street signs or curbs. In most cases, the responsible party or their insurance company is liable for any damages incurred due to a hit-and-run accident.

Death

In some cases, a hit-and-run accident may result in death at the time of the accident or later due to complications from severe injuries. Should the driver who fled be caught, they will have to face criminal charges. The loved ones of the person who died can file a civil lawsuit against the responsible party and their insurance provider for wrongful death compensation. 

Other Consequences

There are other consequences of a hit-and-run accident for the person who fled the scene that include civil penalties, such as:

• Public embarrassment
• Criminal record
• Financial responsibility for all damages
• Potential to lose one’s job
• Loss of auto insurance or increased premiums

The victim of a hit-and-run accident can also face other consequences like:

• PTSD
• Anxiety
• Depression
• Traumatic brain injuries
• Spinal cord damage
• Partial or full paralysis
• Life-altering impacts on one’s livelihood
• Permanent disability
• Inability to return to work
• Ongoing medical care
• Inability to provide financial support for one’s family
• Unable to care for one’s children without assistance

Common Defenses To Hit-And-Run Charges

When someone is caught and is facing hit-and-run charges, they may try to use one of these defenses: 

• Lack of intent where the driver believed they were not at fault
• The driver had no knowledge that an accident occurred
• Insufficient evidence to prove evidence beyond a reasonable doubt
• Mistaken identity by witnesses or other parties present

Statute Of Limitations For Hit-And-Run Claims In Colorado

In Colorado, a civil personal injury claim relating to an automobile accident must be filed within three years from the date of the incident. In cases where there is a death, the statute of limitations is only two years. Therefore, if you were involved in a hit-and-run crash, it is crucial to seek legal advice as soon as possible in order to ensure your rights are protected.

How A Lawyer Can Help You After A Colorado Hit-And-Run Accident

Navigating the complexities of a Colorado hit-and-run accident can be difficult to handle on your own. When searching for car accident lawyers near you, look no further than Bachus & Schanker, who are with you every step of the way. In cases of catastrophic injuries or wrongful death, we provide our clients access to our group of Victim’s Advocates. This group consists of former police officers and legal professionals who have a thorough knowledge of the civil and criminal justice system and provide the following assistance:

• They provide support for victims of crime
• They are victim-centric and understand what you are going through
• They attempt to help find out what really happened and ensure a full investigation is conducted
• They liaison between you and the prosecutor’s office for criminal charges
• They ensure you have access to resources that can benefit you and your family the most

Additionally, our personal injury lawyers thoroughly evaluate your hit-and-run case, inform you of your legal rights, help collect evidence related to your claim, and work with insurance companies to reach a fair settlement. Should the police find the responsible party, we also represent your interests in your claim against their insurance company and, if necessary, represent you in court. 

As a victim of a hit-and-run accident, there can be far-reaching impacts, worry, stress, and anxiety as you attempt to recover and heal. Our law firm is here to support you, provide you with the help you need, and ensure you receive fair compensation. Schedule your free consultation at one of our office locations or contact us directly now. 

• Denver
• Aurora
• Colorado Springs
• Englewood
• Fort Collins
• Cheyenne, WY

Sources:

CDOT Data Shows Positive Trends in Traffic Safety in 2024. (2024).

CRS 13-21-111. (2024).

CRS 42-4-1601. (2024).

CRS 42-4-1602. (2024).

CRS-42-4-1603. (2024).

CRS-42-4-1604. (2024).

CRS-42-4-1605. (2024).

CRS-42-4-1606. (2024).

CRS-42-4-1607. (2024).

Mandatory Automobile Insurance in Colorado.

2023 Hit & Runs Investigated by the Patrol Outpacing 2022. (2023).