Careless Driving Causing Bodily Injury in Colorado

A careless driving charge becomes much more serious if prosecutors allege it caused bodily injury under C.R.S. § 42-4-1402(2)(b).

This isn’t “just a ticket” — it’s a Class 1 misdemeanor traffic offense that can lead to jail, significant fines, and lasting consequences for your driving record and insurance.

Many people refer to this as “careless driving with injury.”

Whether it’s called careless driving with injury or careless driving causing bodily injury, the stakes are the same — and they’re serious.

Penalties & Classification

• Jail: 10 days – 1 year in county jail
• Fines: $300 – $1,000 (municipal courts may impose higher)
• Points: 4 points against your driver’s license
• Restitution: Possible if the court finds uncompensated loss not covered by insurance

This offense is not a Victims’ Rights Act (VRA) case unless the alleged injury rises to serious bodily injury or death as defined in C.R.S. § 24-4.1-302(1)(cc.5).

That distinction matters — it determines whether the alleged victim has additional procedural rights and whether prosecutors must follow enhanced notice requirements.

Restitution & Civil Overlap

In careless-driving-with-injury cases, restitution often becomes a major issue:

• Some judges decline restitution if the driver’s insurance fully covers the damages, deferring those disputes to civil court.
• Others pursue restitution if coverage is incomplete, turning a traffic case into a quasi-civil matter.

Because restitution orders are enforceable through the criminal court, representation is crucial to prevent double recovery or inflated claims.

What the Prosecutor Must Prove

To convict, the prosecutor must prove beyond a reasonable doubt that:

1. You drove in a careless and imprudent manner, and
2. That conduct proximately caused bodily injury to another person.

In People v. Chapman, 557 P.2d 1211 (Colo. 1976), the Colorado Supreme Court held that careless driving is a negligence-based offense, not an intent crime — but causation must still be proven.

That causation element often becomes the key battleground for the defense.

Defense Strategies

When defending careless driving with injury cases, I focus on both the criminal and financial aspects.

Common strategies include:

• Challenging causation: Was the injury truly caused by your driving, or by another driver’s negligence, environmental factors, or a pre-existing condition?
• Evaluating “carelessness”: Did your conduct actually meet the statutory threshold, or was it a brief lapse short of criminal negligence?
• Seeking a dismissal: When the evidence doesn’t support the charge, pursuing dismissal outright.
• Negotiating reduction: When dismissal isn’t possible, working to reduce the charge.
• Coordinating with insurance: Staying on top of the insurance claim and any settlement, which may satisfy restitution concerns and open the door to further reduction in the charge.
• Trial readiness: If negotiation fails, preparing to try the case in county or municipal court to contest both liability and causation.

Why Experience Matters

Because these cases sit at the intersection of traffic law, criminal law, and restitution, experience matters.

I’ve defended clients charged with careless driving across Colorado for more than 20 years, navigating county and municipal courts statewide.

Even where the facts appear challenging, careful preparation and strategic advocacy can minimize both the criminal and financial fallout.

Get Help Today

Careless driving causing bodily injury — sometimes called careless driving with injury — is a serious charge that can escalate quickly.

Before you appear in court, understand your options and defenses.

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

I’ll personally handle your case and help protect your license, your record, and your future.