Careless Driving Causing Death in Colorado

A careless driving causing death charge in Colorado is among the most serious traffic-related offenses short of vehicular homicide or felony DUI. It is not just a traffic ticket — it’s a Class 1 Misdemeanor Traffic Offense under C.R.S. 42-4-1402(2)(c), carrying real jail exposure, a 12-point driver’s-license penalty, and potential criminal restitution.

These cases often receive significant attention from law enforcement, insurers, and the community, and they are also Victims’ Rights Act (VRA) cases under C.R.S. 24-4.1-302(1)(cc.5). That means prosecutors must consult with the victim’s family, and the court process can be far more complex and emotionally charged.

Penalties for Careless Driving Causing Death

• Jail: 10 days – 1 year (mandatory minimum applies)
• Fines: $300 – $1,000
• DMV Points: 12 points — typically triggers an immediate driver’s-license suspension
• Restitution: Courts may order restitution for verified pecuniary losses
• Collateral impact: Loss of employment, professional-license issues, and increased insurance scrutiny

What the Prosecution Must Prove

To secure a conviction, the prosecution must establish beyond a reasonable doubt that:

1. Your driving was careless within the meaning of the statute; and
2. That carelessness proximately caused another person’s death.

Both elements must be proven. The mere occurrence of a fatal crash is not enough. Causation is a legal and factual question that can—and often should—be challenged.

Restitution & Civil Exposure

Courts may order criminal restitution in addition to any separate civil wrongful-death or survival claims.

A strong defense requires coordinating strategy across criminal, civil, and insurance dimensions to avoid inconsistent outcomes or excessive liability.

Defense Strategies in Careless Driving Causing Death Cases

These cases require detailed forensic analysis and early intervention. My approach includes:

• Challenging causation: Can the State actually prove your driving proximately caused the death? We scrutinize alternative causes such as other vehicles, road design, mechanical issues, or medical emergencies.
• Accident reconstruction & EDR analysis: Working with qualified experts to review scene evidence, vehicle dynamics, “black-box” data, and police methodologies.
• Questioning the “careless” element: Not all accidents meet the statutory standard. We test officer conclusions against physical evidence and witness statements.
• Restitution management: Evaluating coverage, disputing improper claims, and protecting you from double recovery across criminal and civil proceedings.
• Human context & mitigation: Presenting your driving history, community contributions, and rehabilitative efforts to show accountability without conceding guilt.

Every case is personally handled by me — no hand-offs to junior attorneys.

What You Should Do Now

• Do not make statements to police or insurers without legal counsel.
• Preserve all evidence: photos, dash-cam footage, vehicle data, witness information.
• Bring any insurance letters or DA correspondence to your consultation.

Speak with a Colorado Careless Driving Attorney

Careless-driving-causing-death cases are legally complex and emotionally charged. Having experienced counsel early can protect your rights, your license, and your future.

📞 Call 303-355-5148 for a confidential consultation with Monte J. Robbins, Esq. — an experienced Colorado defense lawyer with more than 20 years in courtroom practice.