Careless Driving Caused Death

Careless driving resulting in death is a serious charge and the cases are often very emotional for both the victim’s family and the defendant driver. This charge is a class one (1) misdemeanor traffic offense and carries a penalty of ten (10) days in jail up to one (1) year and a fine of $300 up to $1000 plus the possibility of restitution. If restitution is ordered in a careless driving resulting in death case, the victim’s estate may still pursue a civil action against a defendant driver.

To prove this charge, the prosecutor must show beyond a reasonable doubt that 1) the defendant drove carelessly; and 2) the careless driving directly (“proximately”) caused the death of another.

A privately-retained accident reconstruction expert may be helpful in this type of case to dispute the findings of a police accident investigation.

Twelve (12) points are assessed against a driver’s privilege to drive for a conviction of this charge. An adult driver twenty-one (21) years of age or older will lose his or her driver’s license upon the accumulation of twelve (12) points in a twelve (12) month period. Therefore, a conviction will result in the suspension of person’s driver’s license. A driver may apply for a probationary “red license” at a motor vehicle hearing conducted by the Colorado Department of Revenue, however it is at the hearing officer’s discretion whether to grant or deny probationary privileges.

If you’ve been charged with careless driving resulting in death, contact Attorney Monte Robbins for a free confidential case evaluation at 303-355-5148.