CO Code § 42-4-1606 (2021)
2021 Colorado Code|Title 42 - Vehicles and Traffic|Article 4 - Regulation of Vehicles and Traffic|Part 16 - Accidents and Accident Reports|§ 42-4-1606. Duty to Report Accidents

  The driver of a vehicle involved in a traffic accident resulting in injury to, serious bodily injury to, or death of any person or any property damage shall, after fulfilling the requirements of sections 42-4-1602 and 42-4-1603 (1), give immediate notice of the location of such accident and such other information as is specified in section 42-4-1603 (2) to the nearest office of the duly authorized police authority and, if so directed by the police authority, shall immediately return to and remain at the scene of the accident until said police have arrived at the scene and completed their investigation thereat.    Repealed.    The department may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the department and may require witnesses of accidents to render reports to the department.        It is the duty of all law enforcement officers who receive notification of traffic accidents within their respective jurisdictions or who investigate such accidents either at the time of or at the scene of the accident or thereafter by interviewing participants or witnesses to submit reports of all such accidents to the department on the form provided, including insurance information received from any driver, within five days of the time they receive such information or complete their investigation. The law enforcement officer shall indicate in such report whether the inflatable restraint system in the vehicle, if any, inflated and deployed in the accident. For the purposes of this section, “inflatable restraint system” has the same meaning as set forth in 49 CFR sec. 507.208 S4.1.5.1 (b). (4) (a) (I) It is the duty of all law enforcement officers who receive notification of traffic accidents within their respective jurisdictions or who investigate such accidents either at the time of or at the scene of the accident or thereafter by interviewing participants or witnesses to submit reports of all such accidents to the department on the form provided, including insurance information received from any driver, within five days of the time they receive such information or complete their investigation. The law enforcement officer shall indicate in such report whether the inflatable restraint system in the vehicle, if any, inflated and deployed in the accident. For the purposes of this section, “inflatable restraint system” has the same meaning as set forth in 49 CFR sec. 507.208 S4.1.5.1 (b).    Repealed.       The law enforcement officer shall not be required to complete an investigation or file an accident report:   In the case of a traffic accident involving a motor vehicle, if the law enforcement officer has a reasonable basis to believe that damage to the property of any one person does not exceed one thousand dollars and if the traffic accident does not involve injury to or death of any person; except that the officer shall complete an investigation and file a report if specifically requested to do so by one of the participants or if one of the participants cannot show proof of insurance; or    In the case of a traffic accident not involving a motor vehicle, if the traffic accident does not involve serious bodily injury to or death of any person.    (A) Except as otherwise provided in sub-subparagraph (B) of this subparagraph (II), subsections (4) and (5) of this section, and sections 42-4-1301.3, 42-4-1301.4, and 42-4-1307, or the section creating the offense, misdemeanor traffic offenses are divided into two classes that are distinguished from one another by the following penalties that are authorized upon conviction:    (A) A person convicted of violating section 42-4-507 or 42-4-508 shall be fined pursuant to this sub-subparagraph (A), whether the defendant acknowledges the defendant's guilt pursuant to the procedure set forth in paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction. A person who violates section 42-4-507 or 42-4-508 shall be punished by the following fine plus a surcharge of sixteen percent of the fine:    Any person convicted of violating any of the rules promulgated pursuant to section 42-4-510, except section 42-4-510 (2)(b)(IV), shall be fined as follows, whether the violator acknowledges the violator's guilt pursuant to the procedure set forth in paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction:    (A) Any person convicted of violating section 42-3-114 who has not been convicted of a violation of section 42-3-114 in the twelve months preceding such conviction shall be fined as follows, whether the defendant acknowledges the defendant's guilt pursuant to the procedure set forth in paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction:    Any person convicted of violating section 42-20-204 (2) shall be fined twenty-five dollars, whether the violator acknowledges guilt pursuant to the procedure set forth in paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction.    (A) Except as provided in paragraph (c) of subsection (5) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this title to which the provisions of paragraph (a) or (b) of subsection (5) of this section apply, shall, in addition to any other fine or penalty or surcharge, be assessed a surcharge of one dollar, which amount shall be transmitted to the state treasurer for deposit in the family-friendly court program cash fund created in section 13-3-113 (6), C.R.S. This surcharge shall apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction or has judgment entered against the defendant by a county court magistrate.    The penalties and surcharges for a second or subsequent violation of section 42-20-109 (2) within twelve months shall be doubled.    A person who violates section 42-3-204 (7)(f)(II) or section 42-4-1208 (3)(a), (3)(a.5), or (4) commits a misdemeanor and, upon conviction, shall be punished by a surcharge of thirty-two dollars under sections 24-4.1-119 (1)(f) and 24-4.2-104 (1)(b)(I), and:    A person who violates section 42-4-1208 (3) by parking a vehicle owned by a commercial carrier is guilty of a misdemeanor and, upon conviction, shall be punished by the surcharge and a fine of up to twice the penalty imposed in subparagraph (VIII) of this paragraph (a).    (A) A person who violates section 42-4-1208 (5) of this section is guilty of a class 1 misdemeanor and, upon conviction, shall be punished as provided in section 18-1.3-501, C.R.S.    The schedules in subparagraphs (II) and (III) of paragraph (a) of this subsection (4) shall apply whether the violator is issued a penalty assessment notice or a summons and complaint.    (A) The penalties and surcharges imposed for violations under sub-subparagraphs (C), (G), (H), (I), (J), (K), (N), and (O) of subparagraph (I) of paragraph (a) of this subsection (4) shall be doubled if a violation occurs within a maintenance, repair, or construction zone that is designated by the department of transportation pursuant to section 42-4-614 (1)(a); except that the fines for violating sections 42-4-314, 42-4-610, 42-4-613, 42-4-706, 42-4-707, 42-4-708, 42-4-709, 42-4-710, 42-4-1011, 42-4-1012, 42-4-1404, 42-4-1408, and 42-4-1414 shall not be doubled under this subparagraph (II).    The penalties and surcharges imposed for speeding violations under sub-subparagraph (L) of subparagraph (I) of paragraph (a) of this subsection (4) shall be doubled if a speeding violation occurs within a maintenance, repair, or construction zone that is designated by a public entity pursuant to section 42-4-614 (1)(b).    The penalties and surcharges imposed for violations under sub-subparagraphs (C), (G), (H), (I), (J), (K), (N), and (O) of subparagraph (I) of paragraph (a) of this subsection (4) shall be doubled if a violation occurs within a maintenance, repair, or construction zone that is designated by a public entity pursuant to section 42-4-614 (1)(b); except that the fines for violating sections 42-4-314, 42-4-610, 42-4-613, 42-4-706, 42-4-707, 42-4-708, 42-4-709, 42-4-710, 42-4-1011, 42-4-1012, 42-4-1404, 42-4-1408, and 42-4-1414 shall not be doubled under this subparagraph (IV).          The person in charge at any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by any bullet shall report to the nearest office of the duly authorized police authority within twenty-four hours after such motor vehicle is received, giving the vehicle identification number, registration number, and, if known, the name and address of the owner and operator of such vehicle together with any other discernible information.    Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.     History. Source: L. 94: Entire title amended with relocations, p. 2401, § 1, effective January 1, 1995. L. 96: (2) and (4) amended, p. 1208, § 3, effective July 1. L. 97: (4)(a)(I) amended, p. 798, § 6, effective August 6. L. 2004: (2) and (4)(a)(II) repealed, p. 463, § 2, effective August 4.    ANNOTATION   Annotator's note. Since § 42-4-1606 is similar to § 42-4-1406 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, relevant cases construing that provision have been included with the annotations to this section.   This section deals with reporting. City of Aurora v. Mitchell, 144 Colo. 526 , 357 P.2d 923.   The conduct constituting a class 4 felony under § 42-4-1401 (i.e., leaving the scene of an accident resulting in death) is distinguishable in type and degree from the conduct constituting a class 2 traffic offense under this section (i.e. failing to report an accident); therefore, there is no implication of equal protection. People v. Rickstrew, 775 P.2d 570 (Colo. 1989).   This section requires that, if the accident involves injury, death, or property damage in excess of $100, the motorist file a written report with the department of revenue, and that law enforcement officers shall conduct an accident investigation and file a written report. People v. Reyes, 42 Colo. App. 73, 589 P.2d 1385 (1979).   Operator's duties in one-car accident. This section, rather than § 42-4-1402 , defines the duties incumbent upon the operator of a vehicle involved in a one-car accident. Lumbardy v. People, 625 P.2d 1026 (Colo. 1981).   Driver must immediately report accident and must receive permission to leave. While this section initially grants authority to a driver to leave the scene of an accident, he must immediately report the accident to a proper authority and must receive specific permission from that authority before he is excused from any further presence at the scene of the accident. Gammon v. State Dept. of Rev., 32 Colo. App. 437, 513 P.2d 748 (1973).   But where no law enforcement officer is at automobile accident scene before driver is taken to hospital, the driver is free to wait and give notice of the accident to the nearest office of a duly authorized police authority, to be followed by a written report within 10 days. People v. Reyes, 42 Colo. App. 73, 589 P.2d 1385 (1979).   Officer who investigates accident is foreseeable plaintiff. If a driver causes an accident, it is foreseeable that public safety officers will respond to the scene, and the driver has a duty to exercise due care toward the officer consistent with the laws of negligence as applied in this state. Banyai v. Arruda, 799 P.2d 441 (Colo. App. 1990).   Violation of section included in term “leaving scene of accident”. The general assembly intended that a violation of this section be included within the meaning of the term “leaving scene of accident” as used in section 42-2-123 . Gammon v. State Dept. of Rev., 32 Colo. App. 437, 513 P.2d 748 (1973).   Applied in Stewart v. United States, 716 F.2d 755 (10th Cir. 1982).