At Cannon Law, we help individuals across Colorado take legal action after hit-and-run accidents—often when the path forward seems uncertain. If you were injured by a driver who fled the scene, it’s important to understand how the Colorado Hit and Run Statute of Limitations may affect your ability to file a claim. In Colorado, legal deadlines vary based on the severity of the crash, and knowing these time limits can help preserve your right to seek compensation. Next, we will outline what the law says and what steps you can take to protect your case, and how a trusted Fort Collins car accident lawyer can guide you through the process.
CALL US (970) 471-7170What Is Considered A Hit And Run In Colorado?
A hit and run occurs when a driver involved in an accident leaves the scene without providing the required information or rendering aid. Colorado law is clear on this duty. Under C.R.S. § 42-4-1602, all drivers involved in a crash must immediately stop and remain at the scene to exchange contact and insurance details and provide assistance if someone is injured. Failing to do so is not only unethical—it’s a criminal offense.
The state classifies hit-and-run incidents based on the consequences of the accident:
- Property damage only: A misdemeanor.
- Non-serious injury: A class 1 misdemeanor.
- Serious bodily injury: A class 4 felony.
- Death: A class 3 felony.
Each classification influences the severity of the criminal charge and the deadlines for legal action, whether through the criminal justice system or a civil lawsuit.
Civil Statute Of Limitations After A Hit And Run Accident
While the state pursues criminal cases, injured parties also have the right to seek civil compensation. In most civil personal injury cases stemming from hit-and-run accidents in Colorado, the general statute of limitations is three years from the date of the accident, as outlined in C.R.S. § 13-80-101.
However, the timeline for filing criminal charges, often referenced in online legal blogs, varies based on the outcome of the crash:
- One year for property damage or minor injury.
- Three years if the accident caused serious bodily harm.
- Five years if the collision resulted in a fatality.
These criminal statutes don’t directly control your right to sue, but they can influence investigations and the collection of evidence. In severe cases involving catastrophic injuries or death, courts may allow extended civil deadlines under certain circumstances.
Can The Statute Of Limitations Be Extended?
Colorado law allows the statute of limitations to be extended under certain conditions through a legal concept called “tolling.” This legal exception gives victims additional time to file a claim when specific factors delay or prevent legal action. Tolling is most often applied in situations such as:
- The at-fault driver’s identity is unknown at the time of the crash.
- The injured person is a minor or legally incapacitated.
- The liable party concealed their involvement or committed fraud.
When tolling applies, the countdown to file a civil lawsuit may begin later, often when the hidden information comes to light. These situations can be complex; not all tolling arguments succeed in court. An experienced car accident attorney can assess the facts of your case, determine whether tolling might apply, and help you stay within the appropriate legal deadlines.
What To Do If You Were Injured In A Hit-And-Run Crash
Being injured in a hit-and-run can leave you feeling uncertain about what to do next, especially if the other driver fled the scene. At Cannon Law, we understand how difficult this situation can be and are here to help you navigate the process with clarity and confidence. Taking the proper steps early can strengthen your claim and preserve your legal options, even if the driver hasn’t yet been identified.
Steps to Take Immediately After the Accident
If you’re able, consider the following actions after a hit-and-run crash:
- Call 911 to report the crash and request medical assistance if needed.
- Document the scene by taking photos of all vehicles, damage, injuries, and surroundings.
- Speak with witnesses and collect their contact details.
- Get medical care as soon as possible—even for minor symptoms.
- File an accident report, as required by the Colorado DMV.
- Consult a car accident attorney to discuss your rights and possible next steps.
Speak With a Fort Collins Car Accident Lawyer Today
At Cannon Law, we’ve represented individuals throughout Colorado in cases involving serious injuries, complex insurance claims, and the Colorado Hit and Run Statute of Limitations. Our team takes a hands-on approach to every case, ensuring you stay informed and supported from start to finish. Call us at 970-471-7170 for a free consultation—available 24/7. You won’t pay unless we win.
