Careless Driving – Colorado Law & Penalties – C.R.S. § 42-4-1402

Careless driving under Colorado Revised Statute 42-4-1402 C.R.S. means driving without reasonable care for the road, traffic, weather, and other surrounding conditions. Prosecutors do not have to prove that you intended to cause an accident or knowingly took a dangerous risk.

Penalties:

• No injury or death: A class 2 misdemeanor traffic offense, generally punishable by 10 to 90 days in jail, a $150 to $300 fine, or both.
• Causing injury or death: A class 1 misdemeanor traffic offense, generally punishable by 10 days to one year in jail, a $300 to $1,000 fine, or both.
• License points: Usually 4 points, but careless driving resulting in death carries 12 points.¹

Careless vs. Reckless Driving:

• Careless driving involves a failure to use reasonable care.
• Reckless driving involves a wanton or willful disregard for the safety of people or property.

When we handle these cases, we look beyond the officer’s description of what happened. We examine what you could see, how much time you had to react, and whether the evidence actually shows you acting like any reasonable person would. Those details matter when we challenge the charge or seek a reduction.

In this article, our Denver criminal defense lawyers address the following key issues regarding Colorado careless driving laws:

• 1. Elements of C.R.S. 42-4-1402
• 2. Careless v. Reckless Driving
• 3. Penalties
• 4. Driver’s License
• 5. Defenses
• 6. Related Charges
• Frequently Asked Questions
• Additional Reading

1. Elements of C.R.S. 42-4-1402

To convict you of careless driving in Colorado, prosecutors must prove beyond a reasonable doubt the following two elements:

1. You drove a covered vehicle, including a motor vehicle, bicycle, e-bike, electric scooter, or low-power scooter; and
2. You drove in a careless and imprudent manner, without proper regard for the road and the surrounding circumstances.

Such surrounding circumstances include the road’s width, hills, curves, corners, traffic, and how people are using the road. Weather, visibility, and other hazards also factor in. The law applies on public roads and elsewhere in Colorado, including private parking lots.²

What does driving “without due regard” mean?

It means failing to use the care the situation calls for. The legal test is whether you drove in a careless and imprudent manner without due regard for the conditions. Jurors consider the driving as a whole, rather than treating every mistake as a crime. Prosecutors do not have to prove you recognized the danger or meant to hurt anyone.

For example, driving at the posted speed limit may still be careless if thick fog leaves too little visibility to stop safely. Looking away to pick up a dropped item and drifting into another lane may also support a charge. Each situation depends on the evidence.

In People v. Chapman, the Colorado Supreme Court explained that the mental element of careless driving is essentially negligence. More recently in People v. Claycomb, the Colorado Court of Appeals explained that “without due regard” conveys an absence of due care. The court also discussed decisions comparing carelessness to criminal negligence and upheld an instruction using the statute’s wording.

For your case, the key question remains whether the prosecution can prove careless and imprudent driving without due regard for the conditions—not simply that someone made a mistake.³

Does there have to be an accident?

No. An officer can cite you for careless driving even if nobody is hurt and nothing is damaged. Conversely, being involved in a crash does not automatically mean you committed careless driving. Prosecutors still must prove the way you drove violated the law.

For an injury or death charge, prosecutors must also prove that your careless driving was a proximate cause of the harm. In plain language, there must be sufficient connection between your driving and the injury or death; it is not enough that you happened to be involved in the incident.⁴

When we review these cases, we separate two questions: What supposedly made the driving careless, and what actually caused the harm? A police report may draw conclusions about both, but those conclusions still need supporting evidence.

2. Careless v. Reckless Driving

The main difference is the degree of disregard for safety.

In Colorado, careless driving involves insufficient care. In contrast, reckless driving under C.R.S. 42-4-1401 requires driving that shows a wanton or willful disregard for the safety of people or property. A driver need not intend an injury to act recklessly.⁵

Issue	Careless Driving	Reckless Driving
Basic idea	Failing to use reasonable care for the conditions.	Consciously disregarding a substantial and unjustifiable safety risk.
Must the driver recognize the risk?	Actual awareness is not required.	A conscious disregard for safety is required; the circumstances can establish it.
Must someone be injured?	No, but causing injury or death increases the offense level.	No.
Ordinary first-offense classification	Class 2 misdemeanor traffic offense if no injury or death results.	Class 2 misdemeanor traffic offense.
Ordinary first-offense sentence	10 to 90 days in jail, a $150 to $300 fine, or both.	10 to 90 days in jail, a $150 to $300 fine, or both.
Motor vehicle license points	4; 12 if the offense results in death.	8.

Examples

Possible careless driving: A driver looks down to adjust the radio for too long, fails to notice traffic stopping, and rear-ends another car. The failure to pay adequate attention may establish carelessness without proof of conscious risk-taking.

Possible reckless driving: A driver sees cars stopped at a red light, accelerates around them, and speeds into an intersection occupied by cross traffic. Those facts may show a conscious disregard for safety even if the driver hoped to avoid a collision.

These are illustrations, not automatic rules. There is no single speed that turns every case into careless or reckless driving. Speed, traffic, visibility, and the driver’s actions are considerations for the court.

Can the same driving be both careless and reckless?

Yes. Under the Colorado Supreme Court case People v. Chapman, careless driving is a “lesser included offense” of reckless driving: Proving the more serious disregard for safety (reckless driving) also establishes the lesser failure to use care (careless driving). You cannot be convicted of both reckless and careless driving for the same act.⁶

Reckless driving does not always carry more jail time. A first reckless driving conviction has the same general jail and fine ranges as ordinary careless driving, but twice the points. A repeat reckless driving conviction carries 10 days to six months in jail, a $50 to $1,000 fine, or both. Careless driving that causes injury or death carries a higher maximum jail sentence than a first reckless driving conviction.⁷

When we evaluate a reckless driving charge, we look for evidence that distinguishes a lapse in care from conscious risk-taking. That distinction can support a reduction to careless driving.

3. Penalties

Careless driving is a misdemeanor traffic offense under Colorado state law. The classification depends on whether the driving caused injury or death. These offenses have their own sentencing rules, which differ from those for ordinary criminal misdemeanors, as the following table shows:

Result of Careless Driving	Criminal Penalties
No injury or death	Class 2 misdemeanor traffic offense:  10 to 90 days and/or $150 to $300.
Bodily injury	Class 1 misdemeanor traffic offense:  10 days to 1 year and/or $300 to $1,000.
Serious bodily injury or death	Class 1 misdemeanor traffic offense:  10 days to 1 year and/or $300 to $1,000.

Additional court costs and surcharges may apply.⁸

What if someone is seriously injured or killed?

Careless driving causing serious bodily injury or death remains a class 1 misdemeanor traffic offense under C.R.S. 42-4-1402.

However, for offenses committed on or after June 2, 2025, each person seriously injured or killed is a separate violation. Multiple qualifying victims can therefore mean multiple counts and greater sentencing exposure.⁹

Are there other consequences?

Yes. The court may order community service, and restitution may be required for legally recoverable financial losses caused by the offense. Restitution is separate from the fine and can exceed it.¹⁰

A separate law, C.R.S. 42-4-1402.5, addresses careless driving that seriously injures a vulnerable road user, such as a pedestrian or bicyclist. It carries additional license consequences and possibly a driver improvement course and up to 320 hours of useful public service.¹¹

4. License Suspension

Ordinary careless driving carries 4 Colorado DMV points, while careless driving resulting in death carries 12 points. A point suspension depends on your age, driving history, and when the violations occurred.

As the following table shows, racking up too many points can result in your driver’s license being suspended.

Driver’s Age	Point Totals that can Trigger Suspension
21 or older	12 points in 12 consecutive months or 18 points in 24 consecutive months.
18 to 20	9 points in 12 consecutive months, 12 points in 24 consecutive months, or 14 points for violations occurring after turning 18.
Under 18	6 points in 12 consecutive months or 7 points for violations occurring before turning 18.

Different rules can apply to qualifying chauffeurs, and commercial drivers also face separate CDL rules. Careless driving on a bicycle, e-bike, or electric scooter is exempt from the license point statute.¹²

Before recommending a plea, we review your driving record. Four points can have very different consequences for someone with a clean record and someone already close to suspension.

5. Defenses

Here at Colorado Legal Defense Group, we have defended literally thousands of people charged with driving crimes, including careless driving. In our experience, the following four defenses have proven very effective in getting C.R.S. 42-4-1402 charges reduced or dismissed.

1. Your driving was reasonable for the conditions. Video, witnesses, and physical evidence may contradict the officer’s account.
2. You faced an unexpected hazard. A sudden obstruction or unforeseeable mechanical failure may explain what happened despite reasonable care. Bad weather alone is not a defense; drivers must adjust to known conditions.
3. You were misidentified. Owning the vehicle does not, by itself, prove you were driving it.
4. The evidence does not establish causation. Medical records, crash reconstruction, or other evidence may undermine the claim that your driving caused the alleged harm.

Another person’s mistake does not automatically clear you. More than one person’s conduct can contribute to a crash. For example, if a careless turn forces a pedestrian into the path of a bicycle, the turning driver may still bear legal responsibility even though the bicycle makes contact.

Just in 2025 in People v. Claycomb, the Colorado Court of Appeals rejected the argument that the other driver’s entry into the intersection necessarily broke the causal connection between the defendant’s speeding and the fatal crash.¹³

We look for dashcam footage, nearby surveillance video, witness accounts, photographs, and vehicle data early. We also examine whether an officer witnessed the driving or drew conclusions only after arriving at the scene. As long as there is reasonable doubt as to your guilt, criminal charges should not stand.

6. Related Charges

The same incident may support additional charges if prosecutors can prove their separate elements. Depending on the facts, those charges can include:

• Reckless driving, when the evidence shows wanton or willful disregard for safety.
• Speeding, unsafe lane changes, or failure to yield.
• Speed contests or exhibitions, when an alleged race or exhibition of speed was involved.
• DUI or DWAI, when alcohol or drugs are involved and the prosecution can establish the required level of impairment or other statutory basis.
• Vehicular assault or vehicular homicide, when the required reckless or impaired driving causes serious bodily injury or death.
• Criminally negligent homicide, when criminal negligence causes death. This requires proof of a gross deviation from reasonable care, failure to perceive a substantial and unjustifiable risk, and the required connection to the death.¹⁴

We review each charge separately. A serious injury does not by itself prove recklessness, and a fatal crash does not automatically establish a felony.

Frequently Asked Questions

Is careless driving a criminal offense or just a traffic ticket?

Under C.R.S. 42-4-1402, careless driving is a misdemeanor traffic offense, even when an officer issues a ticket instead of making an arrest. It can carry jail time and differs from a civil traffic infraction.

Can I get careless driving dismissed or reduced?

A charge may be dismissed if the prosecution cannot prove it, or reduced through a negotiated plea. A reduction is not automatic, and the available options depend on the evidence, your record, and the prosecutor.

Will careless driving increase my car insurance rates?

It may. Insurers can consider moving violations and accidents when setting premiums, but an increase is not automatic or identical for everyone. Your insurer, policy, driving history, and the circumstances matter.

Can a DUI be reduced to careless driving?

Sometimes. A prosecutor may agree to a careless driving plea when the evidence and circumstances support it. However, a reduction in criminal court does not automatically prevent a separate DMV revocation based on a chemical test or refusal.

We address the court case and the DMV case separately. A favorable plea agreement should never be mistaken for a guarantee that your license is safe.

Can I be charged if I did not hit another car?

Yes. Careless driving does not require a collision, and you can cause an injury without making contact. For example, a careless maneuver may cause another road user to swerve and crash, but prosecutors still must prove the necessary causal connection.

We examine the entire sequence of events rather than focusing only on whether the vehicles touched.

Do snow, ice, or an unexpected emergency provide a defense?

They can support a defense if the evidence shows you used reasonable care and could not reasonably avoid the incident. However, snow and ice can also support the prosecution’s case if they claim you did not slow down or leave enough stopping distance.

We look at visibility, speed, following distance, and what you could reasonably anticipate before the emergency occurred.

Are there special rules for passing emergency or stopped vehicles?

Yes. Colorado’s move-over requirements are addressed separately in C.R.S. 42-4-705 and protect qualifying stopped vehicles, including passenger vehicles displaying hazard lights, as well as emergency and certain service vehicles. Depending on the circumstances, drivers must move over safely or reduce speed as the law requires.

Does a careless driving conviction automatically prove fault in a civil lawsuit?

No. C.R.S. 42-4-1713 generally bars a traffic conviction from being admitted in a civil action. However, evidence of the underlying driving can still support a negligence claim. The traffic case and the civil case have different rules.

When an accident also involves an insurance claim or lawsuit, we consider those issues before advising a client about a plea or statements concerning the crash.

Additional Reading

• NHTSA: Distracted Driving – This federal safety page outlines the national dangers of driving without full attention.
• Colorado Department of Transportation: Distracted Driving – The state transportation department details local initiatives to prevent careless driving habits.
• National Safety Council: Distracted Driving – The safety council provides educational resources and statistics regarding driver inattention.
• Colorado DMV: Driver Handbook – Colorado’s official driving manual explains standard traffic laws and safe driving practices.
• AAA Foundation for Traffic Safety: Aggressive Driving – This research organization explores the behavioral causes of unsafe driving incidents.

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