In Colorado, every state law treats the death of a person due to another’s actions as a felony—except one: hitting a person with a vehicle. This inconsistency is a red flag and requires a closer look. To be clear, district attorneys have the option to charge drivers with a felony, but unless the circumstances are egregious, such as the driver was drunk or had intent to harm, most opt for a lesser charge: Careless Driving Resulting in Death, a class one misdemeanor.
In far too many cases, judges sentence people guilty of this crime to probation and a $1,000 fine—the former being below the minimum sentencing guideline of ten days in jail, and the latter being the maximum fine allowed. When a driver kills someone with their vehicle and is charged with a misdemeanor traffic violation, it is hard to accept that this is what accountability looks like. I know most families who have lost loved ones will unequivocally say that drivers receive a slap on the wrist.
I have been practicing law for over thirty-five years, the majority of which has included representing bicyclists who have been hit by drivers who disregarded the safety of others. The Colorado legislature is considering a bill that will increase penalties for drivers who hit and kill vulnerable road users, such as bicyclists and pedestrians, from a class one misdemeanor to a class six felony. This is not an easy topic, and I struggle with aspects of the proposed legislation. But let me explain why this law is necessary.
I’m not a lawyer, but are there not other crimes which can be charged depending on the driver’s level of culpability? Things like Manslaughter exist for when a person is engaging in reckless behavior that causes a person’s death.