Defend Against Careless Driving With Injury Charges in Colorado

Maybe you had a brief lapse in judgment at the worst time. Perhaps it was just bad luck. Either way, if you’re charged after a car accident that resulted in someone’s serious injury or death, you could be in a world of trouble. In this guide, you will learn how careless driving is defined and penalized, especially when it results in serious bodily harm or death. You will also learn some ways to defend yourself against careless driving charges.

What is Careless Driving?

Colorado defines careless driving as operating a motorized vehicle without proper regard for your surroundings. The statute goes into greater detail:

“Any person who drives any motor vehicle, bicycle, or motorized bicycle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving.” C.R.S 42-4-1402

Examples of careless driving can include:

• getting in a single or multi-car accident

• speeding or participating in speed contests

• driving while distracted

• following too closely to the vehicle in front

• operating a dangerously loaded or poorly maintained vehicle

• driving while sleepy or impaired by medication or a physical condition

• going too fast or too slow for traffic conditions

Is Careless Driving a Major Violation?

Another question we are often asked is: Is careless driving a misdemeanor? It often can be. Colorado law enforcement treats careless driving seriously enough that each ticket warrants a 4-point penalty on your driver’s license, even when no accident occurs. Other penalties after conviction depend on whether the offense caused an accident with serious injuries or death to another. 

• Careless driving without death is a class 2 misdemeanor. It is punishable by up to 90 days in jail and/or a fine of up to $300.

• Careless driving resulting in death is a class 1 misdemeanor. This is punishable by up to one year in jail and/or a fine of up to $ 1,000. If a person dies in the accident, then the offender receives 12 points on their license and a one-year driving suspension.

Colorado law defines bodily injury as “physical pain, illness, or any impairment of physical or mental condition. C.R.S. § 18-1-901(3)(c). In the context of Careless Driving Causing Bodily Injury, an injury to yourself does not count–rather, it is only Careless Driving Causing Bodily Injury if you cause bodily injury to another, whether they are a passenger in your vehicle, in or on another vehicle, or are a pedestrian.

Depending on the results of an investigation following a car accident, a Careless Driving Resulting in Injury charge may be enhanced to Vehicular Assault, a Class 4 or 5 felony, depending on circumstances. A Careless Driving Causing Death charge may be enhanced to Vehicular Homicide, which may be charged as either a Class 3 or 4 felony.

Punishments can also include restitution (if property damage occurred), community service, and up to a year of probation.

Additional Penalties

If you cause serious bodily injury to a vulnerable road user, it is classified as a class 1 misdemeanor. Under C.R.S. 42-4-1402, additional penalties could include:

• license suspension,

• restitution,

• mandatory driver improvement courses, 

• and up to 320 hours of community service. 

Many people use these terms interchangeably; however, the law makes a clear distinction between careless and reckless driving based on the driver’s state of mind.

Careless driving involves a degree of criminal negligence and a lack of due attention. This could be something as minor as momentarily failing to adjust to a change in road conditions or as blatant as prolonged interaction with a smartphone.

Reckless driving is operating a motor vehicle “in such a manner as to indicate a wanton or a willful disregard for the safety of persons or property …” as defined in C.R.S 42-4-1401.

A motor vehicle operator who is careless doesn’t pay attention to potential risks. A reckless driver is aware of the risks and chooses to disregard them. A common example of reckless driving is when a motorist aggressively changes lanes in heavy interstate traffic.

Other Offenses Related to Careless Driving

Careless driving has been known as a “catch-all” used by officers after an accident when no other specific charge fits the situation. However, some offenses do fit and can be added to a careless driving charge. They include:

• failure to yield to or show due caution to emergency or maintenance vehicles R.S 42-4-1402 (2) (b) and (c)

• unsafe lane changes R.S 42-4-1007

• speeding R.S 42-4-1101

• failing to yield the right-of-way R.S 42-4-703

• texting and driving R.S 42-4-239

Case 1:  How We Got Reckless Driving Causing Injuries Charges Dismissed

Our client, “Scott”, a responsible 18-year-old, faced two felony counts of vehicular assault and reckless driving charges after acting as a designated driver for his friends. During the drive home, their rowdy behavior distracted Scott, causing an accident. Six months later, Scott was in jail. 

Fortunately, Scott called our Criminal Defense Team for help. While investigating the case, our attorneys discovered that one of the passengers had grabbed the steering wheel and contributed to the accident. As a result, the prosecutor’s office dropped all of the charges. 

Case 2: Video Evidence Clears Clients of Careless Driving Resulting in Injuries

Our clients were charged with a class 1 misdemeanor for a highway accident that caused injuries. Facing jail time and fines, the couple hired Robinson & Henry to defend them. Our Criminal Defense Team presented video evidence that negated any wrongdoing by our clients. All charges were subsequently dismissed.

Careless driving generally cannot be expunged from your record. Under Colorado law, this conviction is considered permanent, as state statutes prohibit courts from expunging or sealing records for traffic offenses or infractions. C.R.S. 13-10-115.5 Your conviction will be reported to the Colorado Department of Revenue and will remain on your driving record. 

If you are convicted of careless driving in Douglas County, Colorado, for instance, one of your biggest immediate concerns might be what will happen to your car insurance. The short answer is: it may be affected, but it depends on the circumstances, and the law is there to offer some protection.

Under Colorado law, your insurer is generally prohibited from hiking your premiums, canceling, or nonrenewing your policy for traffic violations that result in fewer than seven points on your record. C.R.S. 10-4-627. Since a standard careless driving ticket only results in a 4-point penalty, you have some legal shield here.

However, there are exceptions. This protection does not apply if you were driving for commercial purposes when you got the ticket. Furthermore, if your driving record is bad enough that it would justify policy cancellation, in that case, your insurer can legally exclude you from all coverage—including crucial uninsured/underinsured motorist (UM/UIM) and medical payments (MedPay) coverage (C.R.S. 10-4-630). While careless driving is a misdemeanor traffic offense (C.R.S. 42-4-1402), the specific impact on your rates will come down to whether your insurance company views the conviction as justification for reclassifying your risk. Ultimately, fighting the careless driving charge is the best way to protect your insurance rates.

A medical emergency or impairment is not an automatic "get out of jail free" card for a careless driving charge, but it can be a vital part of your defense. 

Colorado's careless driving law defines the crime as driving without "due regard... and all other attendant circumstances" C.R.S. 42-4-1402. That phrase, "all other attendant circumstances," is the key. While the statute doesn't explicitly name medical conditions as a defense, an unexpected medical event – such as a sudden seizure, blackout, or severe reaction – can be argued as an "attendant circumstance" that renders a driver unable to maintain "due regard."

The Colorado Department of Revenue can already seek medical opinions to determine if a driver is physically or mentally capable of driving safely (C.R.S. 42-2-112). This indicates that the law recognizes the impact of medical conditions on driving. Furthermore, in criminal court, defenses related to physical or mental state—such as involuntary intoxication caused by medication—may require the disclosure of medical records to prove that your condition, and not just simple negligence, was the cause of the poor driving.

Leaving the scene of an accident in any Colorado city, including Colorado Springs, is a grave mistake that carries mandatory jail time and felony charges. Law enforcement treats a hit-and-run involving injuries or death with extreme seriousness.

If you are involved in an accident that causes any injury (even minor physical pain or impairment), you must immediately stop, remain at the scene, and fulfill your legal duty to exchange information and render aid. C.R.S. 42-4-1601

Failing to do so, or leaving before you meet the requirements, will result in the following mandatory criminal charges:

• Injury to Any Person: This is a Class 1 Misdemeanor Traffic Offense, which is a serious criminal charge.

• Serious Bodily Injury to Any Person: This is a Class 4 Felony, meaning mandatory prison time.

• Death of Any Person: This is a Class 3 Felony, which carries an even longer mandatory prison sentence.

A conviction for any of these offenses triggers an automatic revocation of your Colorado driver's license by the Department of Revenue. The definition of "serious bodily injury" is broad, including anything from a substantial risk of death or serious disfigurement to any bone fracture. If you are involved in an accident, your safest legal action is to stop immediately and follow all reporting procedures.

You were a driver in a car accident that seriously injured another person. Worse, the police say it was mostly your fault, so you’re probably looking at criminal charges. What can you do?

Once you’ve explained the accident to a careless driving lawyer, a number of defenses could be available to you. Here are some possible approaches:

You Were Not the Driver

You should not be convicted if you weren’t the one behind the wheel. Yes, an accident happened. Yes, your car was involved. But somebody else was driving it.

You Did Not Drive Carelessly

The prosecution has the burden of proof. The district attorney’s office must prove beyond a reasonable doubt that you operated your motor vehicle in a careless manner. The line between proper driving and carelessness is relatively thin, especially when you factor in weather, traffic, road conditions, sightlines, sun glare, etc. Yes, an accident happened, but it does not mean you were careless.

Your Driving Did Not Cause the Injuries

Colorado law C.R.S 42-4-1402 (2) makes clear that the sentence enhancer for serious bodily injury or death applies only if the defendant’s careless driving was the “proximate cause” of the harm.

If there is evidence that the other person’s injuries resulted from other factors — such as failing to wear a seatbelt — then the charge cannot be promoted to the more serious class 1 misdemeanor. 

An Important Tip: Do Not Admit Fault

Be mindful of what you say to the other driver, their passengers, your passengers, the police, and insurance adjusters. Never admit fault after an automobile accident. Fault is not a determination you should make, and it can be unhelpful if you do. Be sympathetic and cooperative after an accident. Know that any admission of responsibility before speaking to your lawyer can be used against you in criminal and civil cases.

You might wonder: Do I need a lawyer for a careless driving ticket? If you face charges after an accident resulting in another person’s death or serious injury, it’s imperative to seek the assistance of a careless driving lawyer. The information in this legal guide is intended to be helpful; however, only an experienced Denver careless driving attorney can look at the details of your case and mount an effective defense against prosecution. Call (303) 688-0944 to schedule your case assessment with a member of our skilled team of careless driving lawyers, or book your appointment online now.