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Careless Driving Causing Death in Colorado
A careless driving charge becomes dramatically more serious when prosecutors allege it caused the death of another person. This is not “just a traffic case.” It’s a Class 1 misdemeanor traffic offense with real jail exposure, a 12-point license hit, and potential restitution—often alongside intense scrutiny from law enforcement, insurers, and the community.
Some people search for this as “careless driving with death.” Whether you call it careless driving causing death or careless driving with death, the stakes are the same—and they are serious.
Penalties for Careless Driving Causing Death
- Jail: 10 days to 1 year
- Fines: $300 to $1,000
- DMV Points: 12 points (enough to trigger a license suspension for most adult drivers)
- Restitution: Courts may order criminal restitution in addition to any separate civil claims
License impact: A 12-point conviction typically results in a suspension. You may be eligible to seek limited or probationary driving privileges through the DMV, depending on your history and current law/policy.
What the Prosecutor Must Prove
To convict, the State must show beyond a reasonable doubt that:
- Your driving was careless, and
- That carelessness proximately caused the death.
Both elements matter. The law requires more than the fact that a crash occurred—causation must be proven, and the State’s theory must fit the evidence.
Restitution & Civil Exposure
Criminal courts can order restitution for pecuniary losses. Separately, the decedent’s estate or family may pursue civil claims (wrongful death/survival). Managing the intersection of criminal defense, insurance, and potential civil liability is critical from day one.
How I Defend Careless Driving Causing Death
These cases demand meticulous investigation and careful advocacy. I focus on:
- Causation, causation, causation Can the State actually prove that careless driving by you proximately caused the death? We examine alternative causes (other vehicles, sudden hazards, road design/maintenance, weather, lighting, sight lines, medical events), timing issues, and whether the evidence supports the State’s narrative.
- Accident reconstruction & data Where appropriate, we engage qualified experts to analyze scene evidence, vehicle damage, skid/yaw marks, perception-reaction time, EDR (“black-box”) data, speed calculations, and visibility. We also scrutinize the police reconstruction for assumptions, gaps, or methodological errors.
- Challenging “careless” itself Not every collision stems from legal “carelessness.” We test whether the conduct meets the statute and whether witness accounts, video, or physical evidence are consistent.
- Managing restitution/financial exposure We evaluate insurance coverage, contest improper or unsupported restitution claims, and position the criminal case so it does not unfairly predetermine civil liability.
- Human context & mitigation Even in the gravest cases, courts consider the full picture. We present your background, driving history, safety record, and post-incident steps (counseling, community service, traffic safety) when appropriate.
You will work directly with me—no hand-offs to junior lawyers.
What You Should Do Now
- Do not make statements (to police or insurers) without counsel.
- Preserve evidence: photos, dashcam footage, vehicle data, names of witnesses.
- Bring your policy info and any letters from insurers or the DA to our consult.
Speak with a Colorado Careless Driving Attorney
These cases are legally complex and emotionally intense. Having experienced counsel early can protect your rights, your license, and your future—while ensuring the evidence is preserved and analyzed correctly.
Call 303-355-5148 for a free confidential consultation with Monte J. Robbins, Esq.