Hit and Run Accident Lawyers

What Makes Hit and Run Cases Unique in Colorado

A hit and run accident is among the most frustrating experiences a person can face on the road. Unlike a typical car accident, where both parties remain at the scene and exchange insurance information, a hit and run leaves victims without an identifiable at-fault driver. This creates significant challenges when it comes to recovering compensation for injuries, vehicle damage, and other losses.

In Colorado, the driver who flees the scene commits a criminal offense, but that alone does not help victims pay their medical bills. Recovering compensation after a hit and run requires a different legal strategy than a standard auto accident claim. Victims may need to pursue claims through their own insurance coverage, work with law enforcement to identify the fleeing driver, or explore other avenues of recovery.

At Anderson Hemmat, our personal injury attorneys have extensive experience handling hit and run cases throughout Colorado. We understand the unique legal and insurance challenges these cases present, and we fight aggressively to help victims secure the compensation they deserve.

Colorado Hit and Run Laws and Penalties

Colorado law imposes strict duties on drivers involved in traffic accidents. Under the Colorado Revised Statutes, any driver involved in a crash must stop, render aid if needed, and exchange information. Leaving the scene of an accident is a criminal offense with penalties that escalate based on the severity of the crash.

C.R.S. 42-4-1601: Accidents Involving Death or Personal Injuries

Under C.R.S. 42-4-1601, the driver of any vehicle involved in an accident resulting in injury or death must immediately stop at the scene (or as close as possible), remain at the scene, render reasonable assistance to any injured person, and provide their name, address, vehicle registration number, and insurance information. Drivers must also report the accident to law enforcement.

C.R.S. 42-4-1602: Accidents Involving Property Damage

Under C.R.S. 42-4-1602, drivers involved in an accident resulting only in vehicle or property damage must stop at the scene and exchange information. If the collision occurred on a traveled road, drivers also have a duty to move vehicles to a safe location if possible.

C.R.S. 42-4-1603: Duty to Report

C.R.S. 42-4-1603 requires drivers to give their name, address, registration number, and insurance information to the other party and to any investigating law enforcement officer. This statute works in conjunction with the duties outlined in 42-4-1601 and 42-4-1602.

Hit and Run Penalty Tiers in Colorado

Colorado penalties for leaving the scene of an accident depend on the severity of the incident:

• Property Damage Only (Class 2 Misdemeanor Traffic Offense): Leaving the scene of an accident involving only property damage is a class 2 misdemeanor traffic offense under C.R.S. 42-4-1602. Penalties include up to 90 days in jail, fines, and 12 points added to the driver's record, triggering automatic license suspension.

• Non-Serious Injury (Class 1 Misdemeanor Traffic Offense): Fleeing the scene when someone sustains a non-serious injury is a class 1 misdemeanor traffic offense. Penalties include 10 days to 1 year in jail and fines of $300 to $1,000.

• Serious Bodily Injury (Class 4 Felony): When a hit and run results in serious bodily injury, the charge escalates to a class 4 felony. Convicted drivers face 2 to 6 years in the Colorado Department of Corrections and fines of $2,000 to $500,000.

• Death (Class 3 Felony): Leaving the scene of an accident resulting in death is a class 3 felony. Penalties include 4 to 12 years in prison and fines of $3,000 to $750,000.

In all cases involving injury or death, a conviction also results in driver's license revocation and a term of mandatory parole. These criminal penalties are separate from any civil liability the driver faces for the injuries and damages they caused.

Colorado Hit and Run Statistics

Hit and run crashes are a serious and growing problem across Colorado. According to the Colorado State Patrol, there were approximately 2,700 hit-and-run crashes statewide in 2022. In the first quarter of 2023, the Colorado State Patrol reported a 22% increase in all hit-and-run crashes compared to the same period in 2022, with 729 cases in the first three months of 2023 versus 596 in the same timeframe in 2022.

The monthly breakdown for early 2023 showed significant spikes:

• January 2023: 35% increase over January 2022

• February 2023: 19% increase over February 2022

• March 2023: 13% increase over March 2022

At that pace, Colorado was projected to see over 2,900 hit-and-run crashes in 2023. The Colorado State Patrol described this as an "alarming upward trend" in hit-and-run incidents across the state.

While the Colorado State Patrol successfully solved every felonious hit-and-run case (20 total) assigned to them in 2022, many property-damage-only hit and run cases go unsolved because the fleeing driver is never identified. This is precisely why it is critical for Colorado drivers to carry uninsured motorist coverage.

How to Recover Compensation After a Hit and Run

When the at-fault driver flees the scene and cannot be identified, recovering compensation requires a different approach than a standard accident claim. There are several avenues available to hit and run victims in Colorado.

Uninsured Motorist (UM/UIM) Coverage

Uninsured motorist coverage is often the most important source of compensation for hit and run victims. Under Colorado Revised Statutes Section 10-4-609, automobile liability policies delivered in Colorado must offer uninsured motorist coverage for bodily injury or death caused by uninsured vehicle owners or operators. While UM/UIM coverage is not strictly mandatory in Colorado, insurance companies must include it in your policy unless you specifically decline it in writing.

In a hit and run where the driver is unknown, UM coverage applies because an absent driver is effectively treated the same as one who does not have any insurance. This means your UM coverage can help pay for medical expenses, lost wages, pain and suffering, and other damages resulting from the hit and run.

Importantly, Colorado law prohibits insurance companies from increasing your rates when you file a UM/UIM claim. The statute also restricts policy provisions that reduce UM/UIM benefits through offsets or exclusions, helping to ensure that insurers cannot undermine your coverage protections.

Medical Payments Coverage (MedPay)

MedPay is another valuable coverage option for hit and run victims. Colorado insurance companies are required to offer at least $5,000 in medical payments coverage, though you may decline it in writing. MedPay covers reasonable medical expenses from a crash regardless of who was at fault, which means it applies in hit and run situations. Unlike medical insurance, there is no deductible with MedPay, and if you later recover compensation from the at-fault driver, your MedPay carrier cannot subrogate (seek repayment) from your settlement.

When the At-Fault Driver Is Identified

If law enforcement identifies the hit and run driver, you may pursue a claim directly against the driver and their insurance company. This opens the door to recovering the full range of damages, including medical expenses, lost wages, property damage, pain and suffering, and in some cases, punitive damages. Our attorneys work closely with law enforcement and use all available evidence, including surveillance footage, witness statements, and vehicle debris, to help identify fleeing drivers.

Crime Victim Compensation

Colorado's Crime Victim Compensation (CVC) program, established under C.R.S. 24-4.1-100, may also provide assistance to hit and run victims. The program operates through 22 judicial districts across the state and can cover medical and dental bills, lost wages, and other expenses. Victims may be eligible to receive up to $30,000 for out-of-pocket expenses not covered by insurance, or up to $2,000 in emergency funds. Applications must be submitted within one year of the crime.

Common Hit and Run Scenarios

Hit and run accidents can happen anywhere and to anyone. Some of the most common scenarios we handle at Anderson Hemmat include:

• Parking Lot Hit and Runs: A driver strikes your parked vehicle and leaves without leaving contact information. While these often involve property damage only, they can also cause injuries to people loading or unloading their vehicles.

• Highway and Interstate Hit and Runs: High-speed crashes on Colorado highways and interstates, including collisions with commercial trucks, can result in devastating injuries. Identifying a fleeing vehicle on a busy highway can be particularly difficult.

• Pedestrian Hit and Runs: Pedestrians struck by hit and run drivers are especially vulnerable. Without the protection of a vehicle, pedestrians often suffer catastrophic injuries including traumatic brain injuries, spinal cord injuries, and broken bones.

• Bicycle Hit and Runs: Cyclists are highly exposed on Colorado roads and frequently suffer severe injuries in collisions with motor vehicles. Hit and run drivers who strike cyclists and flee make it extremely difficult for victims to obtain compensation without experienced legal help.

• Sideswipe and Lane-Change Hit and Runs: A driver changes lanes and sideswipes your vehicle, then speeds away. These crashes can cause serious injuries, especially on Colorado's congested metro-area highways.

• Fatal Hit and Runs: When a hit and run results in the death of a loved one, surviving family members may pursue a wrongful death claim to recover damages for their loss.

Steps to Take After a Hit and Run Accident

If you are the victim of a hit and run in Colorado, the actions you take immediately after the crash can significantly affect your ability to recover compensation.

1. Stay at the Scene and Call 911: Do not chase the fleeing driver. Stay at the scene, check yourself and any passengers for injuries, and call 911 immediately. A police report is essential for any insurance claim or legal action.

2. Document Everything You Can Remember: Try to note as many details as possible about the fleeing vehicle, including the make, model, color, license plate number (even a partial plate helps), direction of travel, and any distinguishing features. If there were witnesses, get their names and contact information.

3. Photograph the Scene: Take photos of your vehicle damage, the accident scene, any debris left behind by the other vehicle, skid marks, road conditions, and your injuries. This evidence can be crucial in identifying the fleeing driver and proving your damages.

4. Look for Surveillance Cameras: Note whether there are any businesses, traffic cameras, or residential security cameras in the area that may have captured the accident. This footage can be instrumental in identifying the other driver.

5. Seek Medical Attention Promptly: Even if you feel fine immediately after the accident, see a doctor as soon as possible. Some injuries, such as concussions, internal bleeding, and soft tissue damage, may not present symptoms right away. Medical records also serve as critical evidence in your claim.

6. Notify Your Insurance Company: Report the hit and run to your own insurance company promptly. If you carry uninsured motorist coverage or MedPay, these coverages may apply to your claim. Be factual when reporting, but avoid giving a recorded statement without first consulting an attorney.

7. Contact a Hit and Run Accident Attorney: An experienced personal injury attorney can help protect your rights, navigate the insurance claims process, investigate the accident, and pursue all available avenues of compensation.

Statute of Limitations for Hit and Run Cases in Colorado

Under C.R.S. Section 13-80-101, the general statute of limitations for personal injury claims in Colorado is three years from the date of the accident. This means you have three years to file a civil lawsuit seeking compensation for your injuries and damages.

However, Colorado law recognizes that hit and run cases present unique circumstances. The statute of limitations may be "tolled" (paused) in certain situations, such as when the at-fault driver's identity is unknown at the time of the crash, or when the injured person is a minor or legally incapacitated. In cases involving hit-and-run vehicular homicide, the deadline extends to four years from the date of death.

It is critical to consult with an attorney as soon as possible after a hit and run. Even if the statute of limitations has not expired, evidence can be lost or destroyed over time, witnesses' memories fade, and surveillance footage may be overwritten. Acting quickly gives your attorney the best chance of building a strong case.

Contact Anderson Hemmat for a Free Hit and Run Case Evaluation

If you or a loved one has been injured in a hit and run accident in Colorado, the personal injury attorneys at Anderson Hemmat are ready to help. We offer a free case evaluation to discuss your legal options and help you understand the compensation you may be entitled to.

Contact our law firm today at (303) 782-9999 or visit our office at 5613 DTC Parkway, Suite 700, Greenwood Village, CO 80111. You can also reach us through our online contact form. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you. Let us fight for the justice and financial recovery you deserve.