Leaving the scene of an accident in Colorado (“hit and run”) can lead to both civil and criminal penalties.
Civil-wise, you can be sued by any victims who were injured or had their property damaged in the crash. In fact, you can lose the lawsuit even if you are never criminally charged or convicted of hit and run.
Criminal-wise, leaving the scene of a collision can be a felony or a misdemeanor in Colorado. The following table lays out the hit and run penalties from least serious to most serious.1
| Hit and Run Crime |
Colorado Sentence |
| Causing property damage | Class 2 misdemeanor traffic offense: 10 to 90 days in jail and/or $150 to $300. |
| Causing non-serious bodily injury | Class 1 traffic misdemeanor: 10 days to 1 year in jail and/or $300 to $1,000 and a 1-year driver’s license revocation. |
| Causing serious bodily injury | Class 4 felony: 2 to 6 years in prison and/or $2,000 to $500,000 and a 1-year driver’s license revocation. |
| Causing death | Class 3 felony: 4 to 12 years in prison and/or $3,000 to $750,000 and a 1-year driver’s license revocation. |
In this article I answer frequently-asked-questions about Colorado hit and run laws. Also listen to our informative podcast:
What can I be sued for?
Depending on the circumstances of your case, you can be sued on the following grounds following an alleged hit and run in Colorado.
- Negligence,
- Conversion, and
- Negligent infliction of emotional distress.
You could then be liable to pay for the victims’:
Your liability insurance should go towards the victims’ damages up to your policy limit. If your insurance does not cover everything, the victims can sue you for the difference.
What must I do after an accident?
You should always exchange contact and insurance information following a Colorado car crash. Your additional obligations turn on the circumstances of the accident, as discussed below.
Hitting Unattended Vehicles or Other Property
If you hit and cause damage to an unattended automobile or other property, the law requires you to stop and either:
- Find and notify the owner or operator or
- Securely and conspicuously attach a notice to the property (such as the windshield).
In the notice, you must disclose:
- Your name,
- Your address, and
- The registration number of the vehicle you were driving.
In addition, you must report the accident to law enforcement and return to the crash scene if they request it.2
Hitting an Occupied Automobile
If you and another driver get into a crash, Colorado law requires you to stay put unless one of these two exceptions apply:
- You have to leave in order to report the accident to law enforcement as required by CRS 42-4-1606, or
- You are seriously injured and need immediate medical attention.
Also, you are allowed to move your car a small distance to avoid a traffic obstruction or safety hazard (such as by moving the car to the shoulder).3
When the Crash Causes an Injury
Whenever someone is injured in a crash you are involved in, Colorado law requires you to “render aid.” This typically involves calling an ambulance or moving them out of danger if practicable.4
How long after a hit and run can I be sued or prosecuted?
Colorado’s statute of limitations to bring a personal injury lawsuit following a hit and run is typically three years after the accident or four years if the victim died. Though that statute of limitations may toll (pause) until if and when the victim (or victim’s estate) discovers your identity.5
Meanwhile, the deadline for prosecutors to charge you with hit and run depends on the injuries, as the following table shows.6
|
Hit and Run Conviction |
Statute of Limitations for Bringing Colorado Criminal Charges |
| Traffic misdemeanor (just property damage and/or non-serious injuries) | 1 year after the accident |
| Class 4 felony (serious but non-fatal injuries) | 3 years after the accident |
| Class 3 felony (fatal injuries) | 5 years after the accident |
| Class 3 felony (fatal injuries) and vehicular homicide (through reckless conduct or DUI) | 10 years after the accident |
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Theorizing hit-and-run: A study of driver decision-making processes after a road traffic collision – Criminology & Criminal Justice.
- Is a Hit-and-Wait Really Any Better than a Hit-and-Run? – Hofstra Law Review.
- The Impact of Moral Panic on the Criminal Justice System: Hit-and-run Traffic Offenses as a Case Study – New Criminal Law Review.
- Hit the bottle and run: The role of alcohol in hit-and-run pedestrian fatalities – Journal of Studies on Alcohol and Drugs.
- Hit-and-run or hit-and-stay? Unintended effects of a stricter BAC limit – Risk Analysis.
Legal References
- C.R.S. 42-2-125(1)(d). C.R.S. 42-4-1601. C.R.S. 42-1-102(19). C.R.S. 42-4-1701(3)(a)(II)(A). C.R.S. 42-4-1602. C.R.S. 18-1.3-401.
- C.R.S. 42-4-1606.
- C.R.S. 42-4-1603. See also People v. Kirby (Col.App. 2024) 549 P.3d 1055.
- Same.
- C.R.S. 13-80-101. See also Babayev v. Hertz Corp. (Col.App. 2024) 548 P.3d 1180.
- C.R.S. 16-5-401.
