Being involved in a car accident is stressful, perhaps especially if you believe you were at fault. In the moments after a crash, adrenaline and fear can cloud judgment. Some people panic and make the split-second decision to leave the scene. If this happened to you, it is important to understand what Colorado law says about hit-and-run offenses, the potential consequences you’re facing, and how a skilled criminal defense attorney can help you navigate this serious situation.
Under Colorado law, leaving the scene of an accident is a crime, regardless of who caused a crash or whether anyone was injured. Drivers are legally required to stop, provide their contact and insurance information and offer aid if someone is injured. Failing to do so can result in misdemeanor or felony charges, depending on the severity of the accident. This is one of the reasons why staying put and reporting any crash that is more serious than a fender bender is so important. Nevertheless, sometimes, people’s fight-or-flight response defers to flight in moments of post-crash panic and their primary (non-medical) concern then becomes minimizing the damage that this instinct has cost them.
Moving forward
If the crash that you were involved in only caused property damage, leaving the scene will likely be charged as a class 2 misdemeanor traffic offense, which can result in fines, jail time, points on your driving record and license suspension. However, if someone was injured, fleeing may be classified as a class 1 misdemeanor with harsher penalties, including possible jail time and mandatory license revocation.
In cases where a serious injury or death occurred, leaving the scene could be charged as a felony. A class 4 felony applies if someone was seriously injured or died as a result of the crash, the situation is even more serious and can be prosecuted more severely as a result.
Many people who flee the scene of a crash are not intending to commit a crime but panic in the moment, fearing arrest, job loss or damage to their reputation. Others may leave due to shock or confusion about what to do next. These explanations do not erase the risk of legal consequences associated with this behavior, but if one or more apply to you, they could provide grounds upon which your attorney can pursue reduced charges or alternative sentencing opportunities.
If you left the scene of an accident, it is important to contact a criminal defense attorney immediately before speaking to law enforcement. Attempting to explain your actions to police without legal counsel may lead to self-incrimination or statements that can be used against you later in court. With experienced legal representation, you can take responsibility in a way that protects your future and helps you move forward from a panicked decision made in a moment of fear or shock.