It depends on what happened after the collision, not just the collision itself, under C.R.S. § 42-4-1601 et seq. Leaving the scene of an accident that involved only property damage is typically a misdemeanor. Leaving the scene of a crash that caused injury or death is a felony, and the penalties climb sharply from there. Whether you’re the person who got hit or the one facing charges, the felony-versus-misdemeanor line usually comes down to whether anyone was hurt and whether the driver stopped and gave their information.
What actually makes it a felony
A hit and run becomes a felony in Colorado when the accident caused serious bodily injury or death. Leaving the scene under those circumstances is charged far more seriously than a fender bender where someone just panicked and drove off. A driver facing a felony hit and run charge is also usually looking at additional charges layered on top, and this is one area where getting a defense attorney involved early actually changes outcomes, not just paperwork.
What if I’m the one who got hit and the driver is gone?
If you’re the injured party, the good news is you’re not out of options just because the other driver disappeared. Report it to police immediately and get an official report on record, even if you don’t yet know who hit you. Write down everything you can, the car’s color and description, direction of travel, and any partial plate number, along with contact information for anyone who saw it happen. Colorado also has the Medina Alert system, which lets police issue an alert similar to an Amber Alert to help track down hit-and-run drivers.
Most Colorado drivers carry uninsured motorist coverage, and a hit-and-run where the driver is never identified is treated the same as an uninsured driver for insurance purposes. That coverage can pay for your medical bills and other losses even without a name attached to the other car.
Can hit and run charges be dropped?
Sometimes, depending on the facts, whether anyone was actually injured, and how quickly the driver came forward or was identified. That’s a case-by-case question that needs an actual review of the police report and charging documents, not a general answer.
What to do next
If you were hurt in a hit-and-run in Colorado, call Mile High Legal for a free consultation at (720) 853-5779. We’ll walk through your uninsured motorist coverage and what evidence still needs to be locked down while it’s fresh. If you’re the one facing hit-and-run charges, the same number reaches our criminal defense team, and the earlier you call, the more options are usually still on the table.
