It has been reported that a two-vehicle
collision occurred in northeast Denver around 12:30 in the morning of
December 25th, when a Ford Explorer collided with a
minivan at 51st Street and Peoria. A woman driving the
minivan later died from the collision, with an adult male and two
children who were passengers in the vehicle being hospitalized with
non-life-threatening injuries. It
was also reported that the driver and passenger of the other
vehicle fled the scene, with one of them later being arrested and
facing charges of hit and run, vehicular assault, and vehicular
homicide.
Colorado law (C.R.S.
42-4-1601, 1603) places certain duties on people involved in a
car accident, and failure to follow the law can expose violators to
both civil and criminal liability. If you are involved in a serious
accident, particularly where an injury is involved, you are obligated
to alert the police (call 9-1-1) and remain on the scene until law
enforcement arrives. You are also required to render aid to an
injured person within your abilities, which may include transporting
the victim to the hospital or making other arrangements, such as
calling 911 and requesting an ambulance. Finally, you are required to
exchange information with the other driver, including your name,
address, vehicle registration number, and driver's license number on
request.
Leaving the scene of an accident can be
either a misdemeanor or a felony, depending upon the severity of the
accident, with up to twelve years in jail as a punishment for the
crime. As to civil liability, a person whose negligence or wrongful
conduct caused the accident can be liable for economic and
noneconomic damages, including medical expenses, lost wages, and pain
and suffering. By leaving the scene and possibly showing disregard
for the injured victim, the negligent driver may be exposed to
punitive damages as well. The civil case will likely be stayed until
the criminal case is concluded, and a conviction for hit and run or
leaving the scene of the accident can be powerful evidence used
against the defendant in a civil action.
In the event a hit and run driver is
never found, the injured victim may still be able to recover against
his or her own automobile insurance policy, if the insured was
carrying Uninsured Motorist coverage on the policy.
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