Denver Careless Driving Attorney
Careless driving is a serious offense in Colorado. The state defines it as operating a motor vehicle without due regard for the width, grade, curves, corners, traffic, and use of streets and highways and all other attendant circumstances. This web page aims to provide a comprehensive guide to understanding the legal statutes on careless driving, careless driving causing injury, and careless driving causing death in Colorado.
Schedule a consultation with the Denver Careless Driving Attorney at Petrash Law today by calling (303) 562-1131 or reaching out online.
What is Careless Driving?
Under the legislation of Colorado, careless driving encompasses the act of driving a vehicle without adequate attention to the environment. Careless driving could apply in several circumstances, such as involvement in an automobile accident, exceeding speed limits, distracted driving, tailgating, or handling a poorly maintained or unsafely loaded vehicle. Our Denver careless driving attorney provides clients guidance on the details of their cases and can assist you in understanding the specifics of your charges.
Colorado law on careless driving is as follows:
- Colorado Revised Statutes (CRS) § 42-4-1402: Careless Driving: Per the CRS § 42-4-1402, any individual operating a vehicle carelessly and without proper consideration for road width, grade, curves, corners, traffic, and overall street and highway conditions is culpable of careless driving. This Class 2 misdemeanor traffic offense can result in a jail term ranging from 10 to 90 days, a fine between $150 to $300, or both. Four points will also be assessed to your driving record.
- CRS § 42-4-1402(2)(a): Careless Driving Resulting in Injury: This provision pertains to more serious offenses where careless motoring leads to bodily harm to another individual. As per CRS § 42-4-1402(2)(a), reckless motoring causing injury is classified as a Class 1 misdemeanor traffic offense. If found guilty, the individual could face imprisonment from 10 days to one year, a fine ranging from $300 to $1,000, or both. Four points will also be assessed to your driving record
- CRS § 42-4-1402(2)(b): Careless Driving Leading to Death: If careless motoring results in the fatality of another individual, the allegation becomes significantly more serious. According to CRS § 42-4-1402(2)(b), careless driving causing death is categorized as a Class 1 traffic misdemeanor. The consequences can include a jail term of 10 days to one year, a fine between $300 and $1,000, or both. Twelve points will be assessed to your driving record.
Careless driving often serves as a broad category utilized by law enforcement following an accident when no other specific allegation applies. However, violations like failure to yield, unsafe lane changes, speeding, not yielding the right-of-way, and texting while driving can be appended to a careless driving charge.
In Colorado, law enforcement treats careless driving seriously, assigning a 4-point penalty on your driving license for each ticket, and twelve points if the careless driving results in death or the serious bodily injury of a vulnerable road user.
How does Careless Driving Differ from Reckless Driving?
While often used interchangeably, the law distinguishes between careless and reckless driving based on the driver’s state of mind. Careless driving involves criminal negligence and a lack of due attention, whereas reckless driving indicates a wanton or willful disregard for safety.
Defending against a careless driving charge involves proving that you were not the driver, did not drive carelessly, or that your driving did not cause the injuries. The burden of proof lies with the prosecution, and an experienced Denver careless driving attorney can help explore possible defenses.
Call the Denver Careless Driving Attorney at Petrash Law Today
Careless driving in Colorado is a serious offense with significant legal consequences. It's essential to operate vehicles responsibly and with due regard for the safety of others. If you or someone you know has been charged with careless driving, it's advised to reach out to a legal professional who can provide appropriate guidance based on the specifics of your case.
Call Petrash Law today at (303) 562-1131 or reach out online to schedule a consultation.