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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:
- You were driving a vehicle involved in an accident,
- The accident caused serious bodily injury to another person, and
- 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.