(1) The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the scene as possible or shall immediately return to the scene of the accident. The driver shall then remain at the scene of the accident until the driver has fulfilled the requirements of section 42-4-1603 (1). Every such stop shall be made without obstructing traffic more than is necessary.
(1.5) It shall not be an offense under this section if a driver, after fulfilling the requirements of subsection (1) of this section and of section 42-4-1603 (1), leaves the scene of the accident for the purpose of reporting the accident in accordance with the provisions of sections 42-4-1603 (2) and 42-4-1606.
(2) Any person who violates any provision of this section commits:
(a) A class 1 misdemeanor traffic offense if the accident resulted in injury to any person;
(b) A class 4 felony if the accident resulted in serious bodily injury to any person;
(c) A class 3 felony if the accident resulted in the death of any person.
(3) The department shall revoke the driver's license of the person so convicted. A revocation pursuant to this subsection (3) runs concurrently with any suspension imposed pursuant to section 42-2-127.9, if imposed as a result of the same episode of driving.
(4) As used in this section and sections 42-4-1402.5, 42-4-1603, and 42-4-1606:
(a) "Injury" means physical pain, illness, or any impairment of physical or mental condition.
(b) "Serious bodily injury" means injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.
Source: L. 94: Entire title amended with relocations, p. 2399, § 1, effective January 1, 1995. L. 98: (2)(b) amended, p. 1443, § 32, effective July 1. L. 2000: (4)(b) amended, p. 709, § 44, effective July 1. L. 2004: (1) amended and (1.5) added, p. 606, § 1, effective July 1. L. 2008:
(2)(c) amended, p. 850, § 1, effective July 1. L. 2012: (1) and (2)(b) amended, (HB 12-1084), ch. 261, p. 1354, § 1, effective August 8. L. 2017: (3) amended, (HB 17-1277), ch. 337, p. 1803, § 2, effective January 1, 2018. L. 2019: IP(4) amended, (SB 19-175), ch. 331, p. 3072, § 3, effective May 29.
Editor's note: This section is similar to former § 42-4-1401 as it existed prior to 1994, and the former § 42-4-1601 was relocated to § 42-4-1801.
Notes of Decisions
Cited in
17
cases (
4 in the last 5 years), 1999–2026 · leading case:
People v. Manzo, 144 P.3d 551 (Colo. 2006).
People v. Manzo, 144 P.3d 551 (Colo. 2006).
· cites it 44× “Whether the felony offense of leaving the scene of an accident involving serious bodily injury — Colo. Rev. Stat. § 42-4-1601 (1), (2)(b) — requires knowing both involvement in an accident and that serious bodily injury has occurred.”
People v. Hernandez, 250 P.3d 568 (Colo. 2011).
· cites it 69× “The People then charged Hernandez with leaving the scene of an accident, *570 a class five felony pursuant to section 42-4-1601. [3] Specifically, they alleged Hernandez failed to provide the statutorily mandated information under section 42-4-1603(1).”
People v. Arzabala, 2012 COA 99, 317 P.3d 1196.
· cites it 14× “2011, is defined as follows: The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the seene as possible but shall…”
People v. Lassek, 122 P.3d 1029 (Colo. Ct. App. 2005).
· cites it 3× “Defendant, Hilary Lassek, appeals the sentence imposed and restitution order entered *1031 following his guilty plea to leaving the scene of an accident involving death, § 42-4-1601(1), C.R.S.2004; leaving the scene of an accident involving serious bodily injury, § 42-4-1601(1);…”
People v. Manzo, 114 P.3d 78 (Colo. Ct. App. 2005).
· cites it 28× “Section 42-4-1601, C.R.S.2004. Because this offense is premised solely on the performance of a voluntary act, it is logical to conclude that it is a strict liability offense.”
People v. Perez, 2017 COA 52, 413 P.3d 266.
“Background ¶2 Perez pleaded guilty to leaving the scene of an accident resulting in serious bodily injury, § 42-4-1601(1), (2)(a), C.R.S. 2016, in exchange for the dismissal of additional charges.”
People v. Hernandez, 224 P.3d 343 (Colo. Ct. App. 2009).
· cites it 11× “We conclude, however, that the statutes under which defendant was charged and convicted, sections 42-4-1601(1) and - 1603(1), C.R.”
State v. Rosario, 841 A.2d 254 (Conn. App. Ct. 2004).
“We note that many similar hit-and-run statutes of other jurisdictions provide that the operator shall immediately stop at the scene of the accident “or as close thereto as possible.”
Jason P. Brown v. People of the State of Colorado, 2026 CO 51.
· cites it 72× “¶36 Our conclusion that Manzo remains good law finds further support in the applicable statutory and legislative history of section 42-4-1601 . Specifically, we note that in the many years since Manzo was decided, the General Assembly has amended that statute four times and,…”
People v. Dutton, 2014 COA 51, 356 P.3d 871.
“h operation is in effect and, as a part of the same criminal episode, also commits any of the following offenses: (A) DUI or DUI per se; (B) DWAI; (C) Reckless driving, as described in seetion 424-1401; (D) Eluding or attempting to elude a police officer, as described in section…”
People v. Coleman, 422 P.3d 629 (Colo. Ct. App. 2018).
“Other felonies that might be tried along with a DUI charge include vehicular homicide, § 18-3-106, C.”
People v. Medrano-Bustamante, 412 P.3d 581 (Colo. Ct. App. 2013).
· cites it 6× “¶ 79 Section 42-4-1601(1), C.R.S.2013, requires "[t]he driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person" to "remain at the scene of the accident until the driver has fulfilled the requirements of…”
Colo. Rev. Stat. § 42-4-1601(1): 12 cases
People v. Hernandez, 250 P.3d 568 (Colo. 2011).
“The People then charged Hernandez with leaving the scene of an accident, *570 a class five felony pursuant to section 42-4-1601. [3] Specifically, they alleged Hernandez failed to provide the statutorily mandated information under section 42-4-1603(1).”
People v. Lassek, 122 P.3d 1029 (Colo. Ct. App. 2005).
“Defendant, Hilary Lassek, appeals the sentence imposed and restitution order entered *1031 following his guilty plea to leaving the scene of an accident involving death, § 42-4-1601(1), C.R.S.2004; leaving the scene of an accident involving serious bodily injury, § 42-4-1601(1);…”
People v. Arzabala, 2012 COA 99, 317 P.3d 1196.
“2011, is defined as follows: The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the seene as possible but shall…”
People v. Perez, 2017 COA 52, 413 P.3d 266.
“Background ¶2 Perez pleaded guilty to leaving the scene of an accident resulting in serious bodily injury, § 42-4-1601(1), (2)(a), C.R.S. 2016, in exchange for the dismissal of additional charges.”
People v. Hernandez, 224 P.3d 343 (Colo. Ct. App. 2009).
“We conclude, however, that the statutes under which defendant was charged and convicted, sections 42-4-1601(1) and - 1603(1), C.R.”
Colo. Rev. Stat. § 42-4-1601(2): 3 cases
People v. Arzabala, 2012 COA 99, 317 P.3d 1196.
“2011, is defined as follows: The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the seene as possible but shall…”
People v. Hernandez, 250 P.3d 568 (Colo. 2011).
“The People then charged Hernandez with leaving the scene of an accident, *570 a class five felony pursuant to section 42-4-1601. [3] Specifically, they alleged Hernandez failed to provide the statutorily mandated information under section 42-4-1603(1).”
People v. Manzo, 144 P.3d 551 (Colo. 2006).
“Whether the felony offense of leaving the scene of an accident involving serious bodily injury — Colo. Rev. Stat. § 42-4-1601 (1), (2)(b) — requires knowing both involvement in an accident and that serious bodily injury has occurred.”
Colo. Rev. Stat. § 42-4-1601(2)(b): 4 cases
People v. Arzabala, 2012 COA 99, 317 P.3d 1196.
“2011, is defined as follows: The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the seene as possible but shall…”
People v. Hernandez, 250 P.3d 568 (Colo. 2011).
“The People then charged Hernandez with leaving the scene of an accident, *570 a class five felony pursuant to section 42-4-1601. [3] Specifically, they alleged Hernandez failed to provide the statutorily mandated information under section 42-4-1603(1).”
People v. Coleman, 422 P.3d 629 (Colo. Ct. App. 2018).
“Other felonies that might be tried along with a DUI charge include vehicular homicide, § 18-3-106, C.”
People v. Medrano-Bustamante, 412 P.3d 581 (Colo. Ct. App. 2013).
“¶ 79 Section 42-4-1601(1), C.R.S.2013, requires "[t]he driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person" to "remain at the scene of the accident until the driver has fulfilled the requirements of…”
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