Colorado Hit and Run Resulting in Serious Bodily Injury – Defense Lawyer

Leaving the scene of an accident that causes serious bodily injury is a felony offense in Colorado. Prosecutors and judges view these cases harshly, often seeking prison time even for drivers with no prior record.


The Law

Under C.R.S. 42-4-1601(2)(b), a driver involved in an accident that results in serious bodily injury must:

  • Stop their vehicle at the scene,
  • Remain until law enforcement arrives, and
  • Provide information and render aid as required by law.

In addition, C.R.S. 42-4-1606 requires drivers to immediately report the accident to law enforcement. This duty to notify police applies to all hit-and-run–related statutes in Colorado.

Failure to meet these obligations is a Class 4 felony, punishable by 2 to 6 years in the Colorado Department of Corrections (and up to 12 years in aggravated cases) plus fines of up to $500,000.


What Counts as “Serious Bodily Injury”?

Colorado law defines serious bodily injury as an injury that creates a substantial risk of:

  • Death,
  • Permanent disfigurement,
  • Protracted loss or impairment of a body part or organ, or
  • Second- or third-degree burns, fractures, or breaks.

This definition is broad — and not every injury police call “serious” meets the statutory standard. Challenging the classification can be a key defense strategy.


What the State Must Prove

To convict under 42-4-1601(2)(b), the prosecution must prove beyond a reasonable doubt that:

  1. You were driving a vehicle involved in an accident,
  2. The accident caused serious bodily injury to another person, and
  3. You failed to stop, remain, and comply with your statutory duties.

Defense Strategies

These cases are rarely straightforward. Defense often focuses on:

  • Identity – Can the state prove you were actually the driver?
  • Causation – Did your vehicle cause the injuries, or did they occur elsewhere or later?
  • Severity of Injury – Does the injury meet Colorado’s strict “serious bodily injury” definition?
  • Constitutional Issues – Was evidence obtained through illegal searches, improper questioning, or other rights violations?

Collateral Consequences

Beyond prison and fines, a conviction can also mean:

  • Driver’s License Revocation – Mandatory one-year revocation by DMV,
  • Restitution – Court-ordered repayment for expenses not covered by insurance,
  • Permanent Felony Record – Not sealable under Colorado law,
  • Employment and Insurance Impact – Job restrictions and sharply higher insurance premiums.

Why Experience Matters

Hit-and-run serious injury cases demand thorough investigation and strong courtroom advocacy. Accident reconstruction experts, medical evidence review, and cross-examining witnesses are often critical to mounting a defense.

With over 20 years of criminal traffic defense experience across Colorado, I personally handle each case from start to finish. I know how prosecutors build these cases — and how to fight back to protect your freedom and your future.


Call Me Today

If you’re facing a hit-and-run charge involving serious bodily injury, don’t wait. Call me directly at 303-355-5148 for a free, confidential consultation.

You’ll speak with me, Monte Robbins — not an associate or assistant.

Client Reviews

An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was...

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I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the...

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I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him...

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