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Careless Driving Causing Bodily Injury in Colorado
A careless driving charge becomes much more serious if prosecutors allege it caused bodily injury. This is not just a traffic ticket — it’s a Class 1 misdemeanor traffic offense that carries the possibility of jail time, significant fines, and lasting consequences.
Many people search this as “careless driving with injury” because that’s how it’s often explained in court. Whether you call it careless driving with injury or careless driving causing bodily injury, the stakes are the same — and they are serious.
Penalties for Careless Driving with Injury
- Jail: 10 days to 1 year
- Fines: $300 to $1,000
- Points: 4 points against your driver’s license
- Restitution: Courts may order you to pay restitution to the injured party
Municipal courts can impose penalties up to 1 year in jail and fines that may exceed $1,000, depending on the jurisdiction.
Restitution and Civil Complications
In careless driving with injury cases, restitution often becomes a major issue:
- Some courts decline to pursue restitution if the driver’s insurance adequately covers the damages, leaving those disputes to civil court.
- Other courts aggressively pursue restitution if insurance coverage is insufficient — turning what began as a traffic case into a quasi-civil battle.
This added layer of complexity is why legal representation is so critical. Without it, you may face financial consequences well beyond the criminal penalties.
What the Prosecutor Must Prove
To convict you, the prosecutor must show:
- That your driving was careless, and
- That it proximately caused the alleged injury.
These elements aren’t always as straightforward as they sound. A skilled defense can challenge whether your driving actually caused the injury, whether the alleged conduct rose to the level of “careless,” or whether the evidence is consistent with what prosecutors claim.
How I Defend Careless Driving with Injury
I’ve defended many clients facing this charge and the unique restitution issues it creates. My defense approach includes:
- Challenging causation — can the prosecutor actually prove that the alleged injury was caused by your driving, or was it the result of something else? Injuries aren’t always as clear-cut as they first appear.
- Closely examining whether your driving truly rose to the level of “careless.”
- Reviewing insurance coverage vs. restitution demands.
- Negotiating to reduce the charge to a non-injury careless or another lesser offense when possible.
- Protecting your financial future by fighting unnecessary or overreaching restitution claims.
Get Help Today
Careless driving causing bodily injury — sometimes called careless driving with injury — can move quickly, and it can snowball into far more than just a traffic ticket.
Call me, Monte Robbins, at 303-355-5148 for a free consultation. I’ll personally review your case and explain how to protect your license, your record, and your future.