Is Hit and Run a Felony?

Colorado divides hit-and-run offenses into several categories, depending on whether injuries occur, the severity of those injuries, and whether only property damage is involved. When a driver stays at the scene and complies with their duties, the incident may be handled as a traffic violation or an insurance matter. But when a driver leaves, that single decision creates a separate criminal offense, which can elevate an otherwise minor crash into a misdemeanor or even a felony with long-term consequences.

At Boesen Law, our Denver car accident lawyers regularly work with people who were hit by drivers who fled the scene. We see how prosecutors charge these cases, how insurers react when a driver leaves, and how those decisions affect the injured person’s ability to recover compensation. This guide walks through when a hit-and-run is considered a felony in Colorado, what happens in “minor” cases, and how the criminal process connects to your civil claim.

How Colorado Law Defines Hit and Run

Colorado traffic laws set specific obligations for drivers after a crash, and failing to meet those obligations can result in criminal charges. Key statutes include:

• Duty to remain after an injury or fatal crash: Under C.R.S. § 42-4-1601, a driver involved in an accident that results in injury or death must immediately stop at the scene, remain there, and provide information and reasonable assistance. Leaving can be charged as a felony.
• Duty to remain after property damage: C.R.S. § 42-4-1602 and C.R.S. § 42-4-1603 cover collisions that cause damage to another vehicle or other property. Drivers must stop, locate the owner if possible, and share identifying and insurance information.
• Duty to report certain crashes: C.R.S. § 42-4-1606 sets out reporting requirements, requiring drivers to submit a crash report to law enforcement when an accident involves injury, death, or significant property damage.

In summary, Colorado law expects drivers to stop, check on everyone involved, exchange information, and call for help when necessary. Failing to do those things can lead to misdemeanor or felony charges, depending on the harm caused.

For answers to your questions, call:
(303) 999-9999

When Hit and Run Becomes a Felony in Colorado

Hit and run becomes a felony in Colorado when someone is seriously hurt or killed, and the driver leaves instead of staying to help and comply with the law. The exact charge depends on the severity of the injury and sometimes on related traffic offenses, such as driving under the influence.

Broadly, felony hit and run charges arise when:

• The crash results in serious bodily injury, and the driver fails to stop and remain at the scene. Under Colorado law, “serious bodily injury” means an injury that involves a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body.
• The crash results in death, and the driver leaves without providing information or assistance. Leaving the scene of a fatal crash is treated as one of the most serious traffic-related felonies.

When Hit and Run Is Charged as a Misdemeanor

Not all hit-and-run incidents involve catastrophic harm. Many occur in parking lots, at low speeds, or in situations where no one appears seriously injured at the scene. Colorado still treats leaving the scene as a crime in these cases, but it is usually charged as a misdemeanor rather than a felony.

Misdemeanor hit and run charges generally involve:

• Collisions that cause only property damage, such as a dented bumper, broken taillight, or damaged fence.
• Crashes with minor or no reported injuries where the injury does not meet the level of “serious bodily injury” used for felony cases.

In these cases, consequences of fleeing can include court fines and fees, possible jail time (in more serious incidents or when there is a prior record), restitution for property damage, points on a driver’s license and possible suspension, and long-term insurance rate increases. The practical takeaway is that leaving the scene rarely improves the driver’s situation: what might have been handled through insurance and a traffic ticket can instead turn into a criminal case.

Criminal Charges Versus Civil Liability

A common misconception is that if the driver is not charged with a felony, the incident is somehow “less serious” for civil purposes. In reality, criminal charges and civil liability are separate matters.

In a criminal case, the state decides whether to bring charges and what level of offense to pursue. The goal is to punish lawbreaking and protect public safety. On the other hand, in a civil case, the injured person decides whether to bring a claim against the driver. 

Civil law focuses on compensating the victim for medical bills, lost income, pain and suffering, and other losses. Fault is usually evaluated under Colorado’s negligence and comparative fault rules, including C.R.S. § 13-21-111, which governs how damages are adjusted when more than one person shares responsibility.

This means a driver might face felony charges but still dispute civil liability, or avoid criminal charges altogether, yet still be held financially responsible through an insurance settlement or lawsuit.

How Felony Hit and Run Affects Injury Compensation

When a hit and run causes serious injuries or death, the criminal classification can influence how a civil claim unfolds. A felony-level case often signals more severe facts, which may change how insurers approach settlement and how a jury evaluates the driver’s conduct. In civil claims involving felony-level hit and run, the injured person may seek:

• Economic damages: Medical bills, future treatment costs, therapy, home modifications, lost wages, and loss of future earning capacity.
• Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, and similar harms. Colorado generally caps these damages under statutes such as C.R.S. § 13-21-102.5.
• Damages for physical impairment or disfigurement: Colorado treats physical impairment and disfigurement separately from general non-economic damages, which can be significant in cases involving amputation, severe scarring, or permanent disability.
• Exemplary (punitive) damages: In some cases, Colorado allows exemplary damages under C.R.S. § 13-21-102. Fleeing the scene can be part of the argument that the driver acted with conscious disregard for the safety of others.

Statutes of Limitation in Colorado Hit and Run Injury Claims

The civil statute of limitations limits how long you have to file a lawsuit, regardless of whether the driver faces criminal charges. In Colorado, most motor vehicle injury cases (including hit and run crashes) must be filed within three years of the date of the accident under C.R.S. § 13-80-101.

On the other hand, wrongful death claims have their own deadlines, and the timing can depend on the specific facts and the statute invoked. Similarly, claims against government entities require special notices and have shorter timeframes.

You can have a valid injury claim even if prosecutors decide not to file charges or if a criminal case ends in a plea deal for a lesser offense, but these deadlines make it especially important to consult a lawyer early to protect your rights.

What to Do If You Are the Victim of a Hit and Run

Once emergency needs are addressed, there are practical steps that can help both the criminal investigation and any future insurance or legal claim:

1. Call 911. Reporting the crash promptly helps preserve evidence at the scene and creates an official record.
2. Gather as much information as you safely can. Note the vehicle’s color, make, model, direction of travel, and any part of the license plate. Unique details like bumper stickers, roof racks, or company logos may be critical in identifying the driver later.
3. Look for potential cameras and witnesses. Ask nearby businesses or residents if they have external cameras that may have captured the crash, and get contact information for anyone who saw what happened.
4. Take photos of the scene and damage. Document your vehicle, the roadway, debris, and any visible injuries.
5. Seek medical care and follow through. Even minor pain can hide more serious injuries. Furthermore, thorough medical documentation is essential for insurance and legal purposes.
6. Notify your insurer. Most policies require prompt notice of a hit and run, especially if you plan to use uninsured motorist coverage.

Bringing an attorney in early helps coordinate these steps, preserve valuable evidence, and manage communication with insurers so you are not overwhelmed while trying to recover from the accident.

Talk to Boesen Law About Hit and Run Injury Cases in Colorado

The attorneys at Boesen Law draw on decades of experience to help victims of hit-and-run accidents understand how Colorado rules and statutes apply in real-world cases. During a free consultation, a lawyer from our team can review the police report, your medical records, and your insurance coverage, then explain how to pursue compensation from the at-fault driver, your uninsured motorist coverage, or both. 

Contact Boesen Law for a free consultation. There are no attorney’s fees unless we recover compensation on your behalf.

Call (303) 999-9999 or complete a Free Case Evaluation form