Careless Driving Caused Bodily Injury
If you’ve been charged with careless driving resulting in bodily injury, it’s a good idea to get experienced legal representation. Careless driving resulting in injury is a class 1 misdemeanor traffic offense, which means that a conviction under the state statute carries a possible penalty of ten (10) days in jail up to one (1) year and a fine of $300 to $1000.
Most municipal court careless driving charges carry a possible penalty of up to one (1) year in jail and/or a fine of $1000. Four (4) points are assessed against a driver’s motor vehicle record upon a conviction.
To prove a case of careless driving, the prosecutor must essentially show that 1) the driver’s actions were careless; and 2) “proximately caused” the alleged injury. If the defendant driver’s automobile liability insurance is insufficient to cover damages sustained by the injured party or his property, restitution may be imposed. How a court proceeds on the issue of restitution depends upon the jurisdiction. Some county court jurisdictions decline to proceed with a restitution claim as long the defendant driver has insurance. This allows issues of damages to be fully litigated in civil court with all the protections that the civil arena provides.
On the other hand, some county court jurisdictions take a more aggressive approach to restitution and will impose restitution if it is shown that a driver’s automobile liability policy is insufficient to cover the injured party’s pecuniary damages or will be exhausted in covering the injured party’s non-pecuniary damages. Thus, a careless driving resulting in injury case can turn-into a potentially complex quasi-civil case very quickly.
Attorney Monte Robbins has experience defending those who are charged with careless driving causing bodily injury and subsequent restitution claims. If you are facing a careless driving charge in Colorado state court or municipal court, contact Attorney Monte Robbins for a free case evaluation at 303-355-5148, or 970-301-5541.