TL;DR Summary
- Leaving the scene of an accident, also known as a hit and run, is a serious crime with severe legal consequences.
- Drivers must stop, provide full contact and insurance information, and offer reasonable assistance to any injured persons.
- Fleeing the scene can lead to criminal charges, including misdemeanor or felony offenses depending on the severity of injuries or property damage.
- Civil penalties may include compensatory and punitive damages in personal injury lawsuits.
- Convictions often result in license suspension or revocation and increased insurance rates.
- Victims of hit and run accidents should report the incident promptly to law enforcement to preserve evidence and protect their rights.
- Seeking legal assistance from experienced attorneys is crucial for both victims and accused drivers to navigate the complexities of hit and run laws and penalties.
Understanding Hit and Run Accidents
Most people are taught early on to immediately stop if they’re involved in a vehicular accident. Even so, hit-and-run crashes have been increasing in recent years. The legal definition of a hit and run accident is when a driver involved in a collision fails to stop and provide information or assistance as required by law. Hit and run crimes can involve a variety of situations, such as when a driver rear ended another vehicle, struck a pedestrian, or collided with a fixed object. Adrenaline and the mind’s instinctive response can sometimes cause drivers to make poor decisions, such as fleeing the scene. If you find yourself facing these serious charges, consulting with a car accident attorney in Denver immediately is crucial to protect your rights and understand your legal options.
Failing to remain at the scene or to assist passengers or pedestrians can result in severe legal consequences. Hit and run crimes can have a significant impact on families of both victims and offenders. Evidence or valuable information can be lost if the scene is abandoned before law enforcement arrives. Hit and run accidents can occur at any time of day, but are statistically more common at night.
According to the National Highway Traffic Safety Administration, hit-and-run crashes have been steadily increasing, making understanding these laws more important than ever.
Immediate Actions After an Accident
The answer may vary depending on your situation. It is important to wait at the scene and follow the proper order of actions, including using your phone to report the accident and provide needed assistance, such as calling an ambulance if necessary.
Understanding how to file a police report after an accident is essential for protecting your legal rights and ensuring proper documentation of the incident.
What Are Hit-and-Run Laws in Colorado?
Colorado has some of the strictest laws regarding accident reporting. If you’re involved in an accident, you must at least stop to assess the damage and assist anyone who may be injured at the scene. If either physical injuries or property damages have been sustained, you’re required under state law to contact local authorities and report the accident. Colorado law requires drivers to report the accident within a certain number of days. You must also provide your contact information, including your name, license number, and insurance details, to all parties involved. Reporting the accident to law enforcement is crucial to initiate an official investigation, and the resulting police report can prove invaluable if you’re trying to seek compensation.
The Colorado Revised Statutes outline these specific requirements and penalties for failing to comply with accident reporting laws.
Consequences of Fleeing the Scene
When someone chooses to flee the scene of an accident in Colorado, however, there are major repercussions that can occur. Failing to assist injured parties or to report the accident can result in being charged with a run accident offense. These are often necessarily severe — particularly considering hit-and-run accidents have been increasing in recent years. Even in a best-case scenario where only property damage occurs, the fleeing driver could face up to three months in jail along with civil fines.
Felony Charges and Severe Penalties
Such criminal penalties will increase along with the severity of a collision. For instance, if you leave the scene of an accident that results in death, you could face a Class 3 felony along with up to 12 years in prison. To put it simply, it’s not worth it to flee the scene of an accident.
Duties at the Accident Scene
When you are involved in a car accident, it is critical to understand your responsibilities under state law. Every driver is required to stop at the accident scene and remain there until law enforcement arrives and the situation is under control. You must provide your full name, address, vehicle registration, and insurance information to all other parties involved, whether they are drivers, pedestrians, or cyclists.
Providing Contact and Insurance Information
If anyone is injured, you are legally obligated to offer reasonable assistance, which may include calling 911 or helping arrange for medical care. Failing to fulfill these duties—such as leaving the scene without sharing your information or assisting the injured—can result in serious hit and run penalties. These penalties often include fines, jail time, and the suspension of your driver’s license. Understanding and following these requirements is essential to avoid further legal trouble and to ensure that everyone involved receives the help they need after a car accident.
Are There Civil Penalties for Leaving the Scene of an Accident?
Anyone that flees the scene of an accident isn’t just facing potential criminal liability. They may also be held liable for injuries caused to others. This could be true even if you’re not the at-fault party in the accident.
Liability for Injuries and Damages
For instance, envision a scenario where another driver strikes your vehicle while improperly merging into your lane. If you leave the scene of the accident because you don’t have insurance, you’ve broken the law.
Victims of a hit and run accident may be entitled to compensation for lost wages and other losses resulting from the incident.
Punitive Damages and Impact on Civil Lawsuits
However, you’ve also failed in your duty to seek medical assistance on behalf of the other driver. If they suffer serious injuries or death due to the delay of treatment, you could be liable for their damages. Additionally, fleeing the scene will likely be considered “willful and wanton” conduct. This could result in courts requiring you to pay punitive damages in addition to compensatory damages. Leaving the scene can also negatively affect your ability to defend yourself in a civil trial, as it may be seen as an admission of fault or disregard for the victims. This can become very expensive in a personal injury lawsuit.
Understanding how to file a personal injury lawsuit can help victims pursue appropriate compensation for their injuries and damages.
Experienced attorneys can help victims proceed with their claims and discuss their options for recovering losses, including lost wages and other losses. Many attorneys offer a free initial consultation to discuss your case and help you understand the best way to proceed.
Driver’s License Implications for Leaving an Accident Scene
Leaving the scene of an accident can have a severe and lasting impact on your driving privileges. Under most state laws, being convicted of a hit and run—especially if the accident resulted in injury or death—will lead to the suspension or even revocation of your driver’s license.
Length and Severity of License Suspension
The length of this suspension depends on the specific state laws and the degree of harm caused by the accident. In cases where hit and run accidents result in significant injuries or fatalities, the penalties for a hit and run are much more severe, and you could lose your license for months or even years.
Importance of Legal Representation
If you are facing charges for leaving the scene, it is crucial to choose an experienced attorney who understands the complexities of these cases. A knowledgeable attorney can advise you on your options, help you navigate the legal process, and work to minimize the impact on your license and your life. Taking immediate action and seeking legal guidance is the best way to protect your rights and your ability to drive after a hit and run accusation.
Understanding what a personal injury lawyer does can help you make informed decisions about legal representation and what to expect from the attorney-client relationship.
What If Another Driver Fled the Scene of an Accident?
If you’re the victim of a hit-and-run driver, you need to know what happens after someone flees the scene.
Reporting the Incident to Law Enforcement
First, reporting the accident is an absolute necessity. Law enforcement will launch an investigation to identify the fleeing driver and gather evidence. Not only will this ensure that you can seek some form of compensation, but it also guarantees that police have a record of what happened. This can prove vital even if you can only file an uninsured/underinsured insurance claim. Important evidence can be lost if the accident is not reported promptly.
Potential Additional Fault and Legal Recourse
Reporting is also important because there may be other parties at fault for your accident — even if you’re unsure of who the other driver was. For instance, maybe cameras caught the driver leaving a bar obviously intoxicated. This could bring dram shop laws into play. There may also be instances where road hazards caused an accident, and in these cases, local authorities may be considered at fault. Victims may be entitled to compensation for lost wages, other losses, and damages that affect their lives and families.
Understanding the unique challenges of hit and run accident cases can help victims navigate the complex legal landscape and maximize their chances of recovery.
Put simply, speaking to the police and a Denver car accident lawyer is likely the best thing to do after someone flees the scene of an accident. Experienced attorneys can help victims proceed with their claims, discuss their legal options, and prepare for trial if necessary. Many attorneys offer a free consultation to discuss your case. Hit and run accidents can have a significant impact on victims and their families, making it crucial to seek legal help to protect your home and loved ones. Contact us today to learn how our law firm can help.