Colorado Law on Accidents Involving Death or Personal Injury | Leaving the Scene or Hit and Run in Greeley

In Greeley, anytime you’re in an accident where someone is hurt or has died due to the crash, if you want to avoid criminal charges on top of it all, you need to be familiar with the Accidents Involving Death or Personal Injury statute. If you don’t remain at the scene of the accident, or provide as much aid to the injured as you can, Greeley police will charge you with criminal charges. This law used to be called Leaving the Scene of an Accident, but has now escalated in order to hold more people accountable for accidents and leaving those who are hurt at the scene.

Accidents Involving Death or Personal Injuries, C.R.S. 42-4-1601,

in Weld County, Colorado

When you’re in an Accident in Weld County, and it is Involving Death or Personal Injuries, C.R.S. 42-4-1601, whether it was your fault or someone else’s, it is your responsibility to remain on the scene and do a few other things. Specifically:

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. The driver shall then remain at the scene of the accident until the driver has fulfilled the requirements of section 42-4-1603 (1). Every such stop shall be made without obstructing traffic more than is necessary.

Basically, the statute is saying that if you’re involved in an accident where someone is hurt and / or has passed away, you are required to move your vehicle out of the way of traffic as best as you can, call police, and you must remain on scene until police arrive. You have a legal Duty to Give Notice, Information, and Aid while at the scene.

Duty to Give Notice, Information, and Aid, C.R.S. 42-4-1603,

in Longmont, Frederick and Dacono

When you’re in an Accident Involving Death or Personal Injuries in Longmont, Frederick, or Dacono, you have Duty to Give Notice, Information, and Aid, C.R.S. 42-4-1603. Legally, a person must:

  • Provide:
    • Driver’s name
    • Driver’s address
    • Registration number of the vehicle
    • Driver’s license upon request
  • Reasonably assist and aid an injured person
    • Carry them to a physician, surgeon or hospital
    • Make arrangements for the carrying (call an ambulance, have someone come pick them up and take them to a hospital, etc.)
  • Report the accident to the police (Duty to Report, C.R.S. 42-4-106)

Accidents Involving Death or Personal Injury Key Terms

in Windsor, Fort Lupton, and Eaton

Accidents Involving Death or Personal Injury contain many terms to understand for people in Windsor, Fort Lupton, and Eaton. It is important to understand ‘injury,’ ‘serious bodily injury,’ and ‘scene of the accident.’

‘Injury’ refers to:

Physical pain, illness, or any impairment of physical or mental condition.

This definition is broad and vague intentionally. It leaves room for people to claim the slightest “pain” and have you charged for causing it.

An example of a car accident related injury would be a cut, whiplash, bruising, etc.

‘Serious Bodily Injury’ refers to:

Injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.

A serious bodily injury due to a car accident would be loss in vision, if a person became paralyzed at all, of if they suffered a broken bone. Fractures of the face are common.

‘Scene of the accident’ is the literal place where the accident occurred. If the accident occurred on a street or highway, you would want to move the cars, if possible, but stay in the general area so police can evaluate and assess the scene of the accident.

Sentence for Violating the Provisions for Accidents Involving Death or Personal Injuries in Brighton, Johnstown, and Milliken

When you’re accused of violating any provision of the Accidents Involving Death or Personal Injuries statute in Brighton, Johnstown, or Milliken, you face an extreme sentence if you violate this law and are convicted. Most importantly, you need to call police and remain at the scene.  When someone has been injured due to the accident, the driver faces a class 1 misdemeanor traffic offense. When a person has suffered a serious bodily injury, the driver faces a class 4 felony. Finally, if a person died as a result of the accident and you leave the scene, the driver faces a class 3 felony. In addition to that, if someone fails to report the accident at all (when no injuries exist), they face a class 2 misdemeanor traffic offense. If a person is convicted of Accidents Involving Death or Personal Injuries they will also have their driver’s license revoked. This means there is almost no chance at being able to legally drive for a long time. This is why if you’re facing accusations of violating Accidents Involving Death or Personal Injuries, you need an experienced criminal defense attorney fighting for you.

Class 2 misdemeanor traffic offense possible sentence includes:

  • Possibility of probation
  • Potentially 10 to 90 days in the Weld County Jail
  • A fine between $150 and $300

Class 1 misdemeanor traffic offense possible sentence includes:

  • Possibility of probation
  • Potentially 10 days to 1 year in the Weld County Jail
  • A fine between $300 and $1,000

Class 4 felony in Weld County Courts

  • Possibility of probation
  • Potentially 2 to 6 years in DOC
  • A fine between $2,000 and $500,000
  • 3 years of mandatory parole

Class 3 felony in Weld County Courts

  • Possibility of probation
  • Potentially 4 to 12 years in DOC
  • A fine between $3,000 and $750,000
  • 3 years of mandatory parole

Closely Related Traffic Crimes in Weld County

In Weld County, unfortunately there are a variety of closely related traffic crimes a person can be charged with. People are often unsure of the differences between Careless Driving, Reckless Driving, Vehicular Assault, Vehicular Homicide, or even Careless causing death. If you’re being accused of a traffic crime like Accident Involving Death or Personal Injuries, or Reckless Driving, you’ll want an experienced defense lawyer to sit down with you and clearly explain the predicament you are in.

Careless Driving tends to be charged when a person makes poor decisions while driving, but an accident doesn’t necessarily happen. Examples would be driving too fast, weaving between lanes, driving with a frost covered windshield even. It is a wild card charge used when other traffic crimes don’t fit.

Reckless Driving is similar to careless driving except that reckless driving is more of a disregard for the safety of others. Examples of reckless driving are: driving excessively fast, tailgating, passing people illegally, etc.

Vehicular Assault is similar to the previous two crimes. Though it contains an element of driving recklessly, there must also be a victim who is suffering from serious bodily injury. An example would be if you were driving too fast in a neighborhood and happened to hit a person on a bike,  breaking his arm.

Vehicular Homicide is like Vehicular Assault, except that the accident results in the death of a person. So if instead of breaking his arm, that biker died, you would be facing Vehicular Homicide charges and a much more serious prison sentence.

Accidents Involving Death, Personal Injuries, or Damage tends to be charged in accident situations where things took a turn for the worse, and you left the accident scene.

Speaking to an experienced criminal defense lawyer about your case is always the best thing you can do to understand your case and your options. During Plea Deals, a skilled lawyer can often get your charges lessened to a less severe charge.  In some situations, a person being accused of Vehicular Homicide can ultimately be allowed to plead guilty to Careless Causing Death – a much less severe crime.

Facing accusations for Leaving the Scene of an Accident or Accidents Involving Death or Personal Injuries in Greeley or Weld County?

If you’re facing criminal charges for an Leaving the Scene or Accident Involving Death or Personal Injuries, contact the O’Malley Law Office today.

Accident Involving Death or Personal Injuries can have serious consequences for something that was purely an accident. Stuff happens out of our control and drivers should stay put following a collision. That is why our defense lawyers are here to support and defend you.

Call 970-616-6009 or fill out the Get Help Now form to schedule a free consultation with an experienced criminal defense attorney in the Greeley or Weld County area today.

Together, we can protect your future.

Get Help Now!