Careless Driving Causing Serious Bodily Injury in Colorado

As of 2025, Careless Driving Causing Serious Bodily Injury (SBI) is defined under C.R.S. § 42-4-1402(2)(c)(I).

It is one of Colorado’s most serious misdemeanor traffic offenses — a Class 1 Misdemeanor Traffic Offense (MT1) — and it now falls within the Victims’ Rights Act (VRA) under C.R.S. § 24-4.1-302(1)(cc.5).

This offense is not “just a ticket.” It carries possible jail time, restitution obligations, and long-term insurance and licensing consequences.

What Counts as “Serious Bodily Injury”

Under C.R.S. § 18-1-901(3)(p),

“Serious bodily injury” means any bodily injury that involves a substantial risk of death, serious permanent disfigurement, protracted loss or impairment of a body part or organ, or fractures, penetrating wounds, or second- or third-degree burns.

Colorado courts interpret this definition broadly.

In People v. Thompson, 748 P.2d 793 (Colo. 1988), the Supreme Court held that whether an injury qualifies as “serious” is a jury question.

And in People v. Rodriguez, 888 P.2d 278 (Colo. App. 1994), the Court confirmed that later recovery does not negate the seriousness of the injury at the time it occurred.

Penalties for Careless Driving Causing Serious Bodily Injury

• Classification: Class 1 Misdemeanor Traffic Offense (MT1)
• Jail: 10 days – 1 year
• Fines: $300 – $1,000
• DMV Points: 4 points (see C.R.S. § 42-2-127(5)(e)) Only careless causing death (§ 42-2-127(5)(e.5)) or careless causing SBI to a vulnerable road user (§ 42-2-127(5)(e.7)) carries 12 points.
• Restitution: Courts must address verified financial losses, including medical expenses and property damage.
• VRA Implications: Victims are entitled to input before plea, sentencing, or dismissal.

What the Prosecution Must Prove

To convict, prosecutors must establish beyond a reasonable doubt that:

1. You drove carelessly, and
2. Your careless driving proximately caused another person’s serious bodily injury as defined by § 18-1-901(3)(p).

The fact that an accident occurred is not enough — the State must show that your manner of driving was legally “careless” and that it directly caused the SBI.

Defense Strategies

Effective defense focuses on both causation and the degree of injury. Common approaches include:

• Challenging causation: Can the State actually prove your driving caused the injury?
• Testing the SBI element: Was the injury truly “serious” under § 18-1-901(3)(p)?
• Questioning “careless”: Did your conduct genuinely rise to the statutory definition?
• Negotiation strategy: Seeking dismissal if the evidence doesn’t support the charge, or negotiating for a reduced charge.
• Restitution management: Coordinating with insurance to cover verified losses and reduce exposure in the criminal case.

Why Experience Matters

These cases blend criminal defense, civil liability, insurance recovery, and VRA compliance.

With 20+ years of experience in Colorado courts, I understand how prosecutors approach these cases — and how to protect you from criminal, financial, and collateral consequences.

Call for a Confidential Consultation

If you’ve been charged with Careless Driving Causing Serious Bodily Injury under § 42-4-1402(2)(c)(I), don’t wait.

Call Monte J. Robbins at 303-355-5148 for a free confidential consultation.

You’ll speak directly with me — not an associate or case screener.