What to Do Legally After Involvement in a Hit-and-Run Incident

What Should be Done Immediately Following a Hit-and-Run?

Following a hit-and-run accident, certain steps should be followed to protect yourself during any future claims:

• Call 911: Remain at the scene of the accident until police arrive and provide them with as many details as possible about the driver and the vehicle.
• Seek medical attention: Even if you are not visibly injured at the time of the accident, you should still seek medical attention because some serious injuries may not be known until later.
• Gather evidence: If you are able, take pictures of the road conditions, street signs, and property damage. Obtain contact information from eyewitnesses to the event, including names and phone numbers. Be sure to check for any traffic cameras or surveillance cameras in the area that may have documented the accident.
• Contact an attorney: The attorney at Daniel M. Murphy, P.C., will be able to discuss your case with you before you speak to insurance.

What Are Your Legal Obligations Following a Hit-and-Run?

Depending on the situation and circumstances of the accident, specific laws must be followed at the scene of the crash.

When an occupied vehicle is struck, the involved parties are legally required to remain at the accident scene unless:

• One party leaves to report the accident to the police.
• The other vehicle is vacant.
• One party is injured and needs immediate medical attention.

Vehicles may also be moved a short distance if they pose a hazard to other motorists or obstruct traffic.

Colorado state law requires able motorists to render reasonable assistance in accidents resulting in injury, such as taking the victim to a medical center or arranging for someone else to do so.

When a collision occurs with an empty vehicle or other property that has become damaged, the driver is required to stop and either:

• Locate and notify the owner, or
• Securely attach a notice to the property in a prominent place

The notice should include the following information:

• Name
• Address
• Registration number of the offending vehicle

The responsible driver is also required to report the accident to law enforcement and return to the accident scene if requested.

What is the Cause of Hit-and-Run Accidents?

Hit-and-run accidents are reckless and illegal. Common reasons for resorting to fleeing an accident scene are typically due to fear or financial concern. The following examples further illustrate the reasons for this poor decision:

• Uninsured drivers: The State of Colorado requires that all drivers have a minimum bodily injury coverage of $25,000 to legally operate a vehicle. Drivers who fail to uphold this requirement due to financial constraints or negligence may flee a scene rather than face the consequences.
• Driving under the influence: Operating a vehicle under the influence of drugs or alcohol is a serious offense with harsh penalties. An inebriated driver may choose to flee instead of face these penalties.
• Driving without a license: A young, unlicensed driver or a driver with a suspended or revoked license may flee a scene to avoid the repercussions of these decisions.
• Driving a borrowed vehicle: Vehicles may sometimes be operated by a driver who is not the owner. These drivers may flee because they fear the owner’s reaction or fear that the insurance policy does not cover them.
• Driving a stolen vehicle: The driver of a stolen vehicle may choose to leave a scene rather than face penalties for the auto theft.
• Possession of stolen property: A driver carrying stolen goods may worry that remaining at the scene will lead to a discovery of their crimes and believe fleeing to have a better chance of avoiding arrest.
• Possession of illegal substances: Drivers with illegal contraband may worry remaining at the scene will result in a search and discovery of their vehicle.
• Fear of financial responsibility: Colorado’s at-fault civil system means that a driver is responsible for damages, harms, and losses. Fear of these consequences may result in fleeing the scene.

What are the Penalties of a Hit-and-Run Accident?

The penalties applied with a hit-and-run accident will vary depending on the unique circumstances of each case and are typically charged as follows:

• Property damage hit-and-run: Typically charged as a class 2 misdemeanor, punishable with a fine of up to $300 and up to 90 days in jail.
• Non-serious injury hit-and-run: Typically charged as a class 1 misdemeanor, punishable with a fine of up to $1,000 and up to one year in jail.
• Serious injury hit-and-run: Typically charged as a felony, punishable with a fine of up to $500,000 and up to six years in prison.
• Fatal hit-and-run: Typically charged as a felony, punishable with a fine of up to $750,000 and up to 12 years in prison

Additionally, a hit-and-run conviction may also result in a suspended or revoked driver’s license.
Courts will also award restitution for sustained damages for the victim’s medical bills, car repairs, or other losses.

If a driver commits a hit-and-run while under the influence of drugs or alcohol, they may also face further DUI charges and a personal injury claim in civil court.

What is the Statute of Limitations for Filing a Hit-and-Run Claim?

A statute of limitations is a timeframe in which a claim is allowed to be brought before a judge. The statute of limitations in a hit-and-run case varies by the severity of the accident and is as follows:

• For a fatal accident and vehicular homicide, a claim must be filed within 10 years from the date of the accident.
• For a fatal accident, a claim must be filed within five years from the date of the accident.
• For a serious but non-fatal accident, a claim must be filed within three years from the date of the accident.
• For all other hit-and-run cases, a claim must be filed within a year from the date of the accident.

Do You Need an Attorney?

If you have been charged with a hit-and-run, you still have hope. Here at Daniel M. Murphy, P.C., I am committed to working with you for your future. Call 303-395-5293 or complete a contact form to schedule a free consultation.