Colorado Failure to Report an Accident – Defense Lawyer (C.R.S. 42-4-1606)

In Colorado, every driver involved in an accident has a legal duty not only to stop and remain at the scene but also to notify law enforcement. If you fail to report the accident as required by law, you may be charged separately under C.R.S. 42-4-1606 – Duty to Report Accidents.

This statute is often filed in addition to other “hit-and-run” charges, making your case more complex and the consequences more severe.

The Law – C.R.S. 42-4-1606

Under the statute, the driver of a vehicle involved in an accident must:

• Immediately give notice of the accident to the nearest law enforcement agency (sheriff, police, or Colorado State Patrol),
• Provide required information, and
• Remain available for investigation unless emergency circumstances require otherwise.

Failure to do so is a separate traffic offense that can be charged even if you complied with other duties, such as stopping at the scene.

Penalties for Failure to Report

Penalties depend on the seriousness of the accident:

• Accident involving only property damage → Class 2 misdemeanor traffic offense (up to 90 days in jail, fines, and points on your license).
• Accident involving bodily injury → Often charged alongside hit and run – bodily injury, exposing you to misdemeanor jail time, license consequences, and restitution orders.
• Accident involving serious bodily injury or death → Failure to report is usually filed in conjunction with felony hit-and-run charges, which carry mandatory prison ranges of 2–12 years and fines up to $750,000.

In other words, this “add-on” charge can dramatically increase the severity of your case.

Defending a Failure to Report Charge

Every case is unique, but defense strategies may include:

• Proof of reporting – showing you did notify law enforcement within the required timeframe.
• Agency error – sometimes reports are made but not properly logged.
• Emergency circumstances – medical needs or safety concerns may excuse immediate reporting.
• Constitutional issues – improper stop, questioning, or rights violations can weaken the state’s case.

Why These Cases Matter

Police and prosecutors frequently tack on a “failure to report” charge in hit-and-run investigations. This can mean multiple charges for a single accident, increasing your risk of jail, prison, license revocation, and heavy fines. Having an experienced defense lawyer who understands both the hit-and-run statutes and the reporting requirements is critical.

Call Me Today

If you’ve been charged with failure to report an accident (C.R.S. 42-4-1606) or any related hit-and-run offense, don’t wait. These cases move quickly, and the consequences can affect your license, record, and future.

Call me directly at 303-355-5148 for a free consultation. You’ll speak with me, Monte Robbins — not an assistant or call screener.