If you are involved in a motor vehicle accident that causes injury, death, or property damage, Colorado law requires you to notify the police. You can do this by calling 9-1-1. The police will generally respond quickly and send an officer to the site to file a written report. If a police officer does not come to the scene, you may need to file a report afterward.
Failing to call the police after an accident can have criminal consequences. It can also impact your ability to pursue a personal injury lawsuit against the at-fault driver. A Denver car accident lawyer can ensure you comply with the law after a crash.
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You Should Notify Law Enforcement Immediately Following a Car Accident in Colorado
In general, the law requires you to call the police following most car accidents. Under Colorado Revised Statutes §42-4-1606, a vehicle operator involved in a traffic accident resulting in injury, death, or property damage must notify the police of the crash immediately.
While the statute’s language suggests there are some situations where a police report is unnecessary, this is only the case when the collision results in zero property damage or injuries. Even minor accidents usually involve slight damage to one or both cars.
In the era of mobile phones, most people call the police immediately from the accident scene. If you do not have a cell phone with you, you may briefly leave the area to notify the police, then return to the accident scene and wait for them to arrive.
Potential Penalties for Failing to Report a Car Crash
Some criminal consequences come with failing to report a car accident under Colorado law. This is a Class 2 misdemeanor traffic offense. According to the Colorado General Assembly, you face a fine of up to $300 and up to 90 days in jail if convicted of such an offense. The consequences are often much steeper if the accident involves serious bodily injury or death.
If the other driver in the crash leaves the scene, it is especially important to notify the police as soon as possible. A Colorado hit-and-run accident lawyer may still be able to help you hold the other driver accountable after a crash.
The Benefits of Reporting a Car Accident in Colorado
Even if the law didn’t require you to report a car accident, doing so is in your best interests. This is especially true if you were injured in the accident or your vehicle sustained damage. The police officer’s report can be a useful piece of evidence for your Colorado personal injury lawyer.
A Formal Record of the Crash is Important
When you call the police and report an accident, you initiate a paper trail that could be important to your personal injury claim in the future. The record of your collision will typically start with an accident report written by the responding officer.
This document can establish many of the important facts of the case, including who was involved, where the accident happened, and whether you were injured. The police will prepare a report if bodily injuries or property damage result from an accident.
Your accident report can be a useful investigative tool for your car accident attorney. Insurance companies frequently decide whether to settle or dispute claims based on the narrative in the report, so having one is important.
A Report Can Help Establish Liability
Police reports often contain useful details about who was at fault for the crash. The police usually include a rough sketch and details of the accident scene. The vehicles’ placement can make it clear who was at fault. If the other driver admitted guilt to the police, that detail will usually be included in the report, as well.
A Report Can Help Your Attorney Identify Witnesses
If a third party witnessed your crash and remained at the scene, the law enforcement officer will generally record their statement and contact information. The testimony of an independent witness can be invaluable if they agree that you were not at fault.
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Tell us about your case How Can I Get a Copy of the Police Report After a Car Wreck?
If the responding police officer generates a report for your accident, you have the right to obtain a copy. That said, you may need to jump through some hoops to get it. First, you must submit an application using Form DR 2489, also known as the Driver Record Requestor Release and Affidavit of Intended Use. When submitting the form to the Colorado Department of Motor Vehicles (DMV), you must pay a fee.
The law gives the state 90 days after receiving the report from the law enforcement agency to make it available through the DMV system. Because it can take time for the DMV to process these reports, you may not receive a copy of your accident report for 90 days or more.
If you hire a personal injury attorney to represent your best interests after a crash, they can request a copy of the police report on your behalf so you don’t have to worry about it.
Get Legal Help With Your Car Accident Injury Case
If you were hurt in a car accident, you should notify the police and seek medical attention immediately. As soon as your injuries are stable, contact a personal injury law firm for a free consultation. A car accident lawyer can help you seek economic and non-economic damages after a negligence-based accident. You may qualify for financial compensation covering your:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
These are just a few of the damages you may qualify for. Your car accident attorney can explain what damages apply to your auto accident case.
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Let Matlin Injury Law help you pursue justice and fight for the financial compensation you deserve. Our legal team knows what it takes to aggressively pursue a personal injury settlement, and we can put that experience to use for you. Contact us today for a free consultation.
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