Careless driving in Colorado is a class 2 misdemeanor traffic offense under C.R.S. 42-4-1402, with up to 90 days in jail, a fine of up to $300, and 4 points. If the crash causes injury or death, it becomes a class 1 misdemeanor traffic offense. Since September 2026, some fatal crashes can be charged as a felony. Get advice before you plead.
Reviewed by Steven J. Pisani, Esq., founder of The Law Offices of Steven J. Pisani, LLC. Licensed in Colorado since 2008 and a graduate of the University of Denver Sturm College of Law, Mr. Pisani defends careless driving, traffic, and criminal cases throughout the Denver metro area. Last legally reviewed November 2026.
A Denver careless driving lawyer deals with the charge officers most often write after a crash. Careless driving sounds minor, and many drivers are surprised to learn it is a criminal offense that requires a court appearance. The penalties also change sharply depending on whether anyone was hurt, which means the same split-second mistake can lead to very different cases.
What Is Careless Driving in Colorado?
Under C.R.S. 42-4-1402, a person commits careless driving by driving a motor vehicle, bicycle, electric-assisted bicycle, electric scooter, or low-power scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances.
That definition is broad. It covers ordinary negligence, the kind of inattention or misjudgment that causes most crashes. Common examples include:
- Rear-ending another car in stop-and-go traffic on I-25 or Speer Boulevard
- Turning left in front of oncoming traffic at an intersection
- Drifting out of a lane while looking at a phone or navigation screen
- Sliding into another vehicle on an icy road while driving too fast for conditions
- Failing to see a cyclist or pedestrian while turning
Careless driving does not require proof of intent or recklessness. That is the main difference between it and reckless driving, which requires a wanton or willful disregard for safety and carries 8 points instead of 4.
Careless Driving Penalties by Outcome
| Situation | Classification | Possible Sentence | DMV Points |
|---|---|---|---|
| Careless driving, no injury | Class 2 misdemeanor traffic offense | 10 to 90 days jail, $150 to $300 fine, or both | 4 |
| Careless driving causing bodily injury | Class 1 misdemeanor traffic offense | Up to 1 year jail, up to $1,000 fine, or both | 4 or more |
| Careless driving causing death | Class 1 misdemeanor traffic offense | Up to 1 year jail, up to $1,000 fine, or both | 12 |
| Careless driving causing serious bodily injury to a vulnerable road user | Class 1 misdemeanor traffic offense | Up to 1 year jail, up to $1,000 fine, or both | 12 |
| Criminally negligent driving causing death (on or after September 1, 2026) | Class 5 felony | Prison exposure and mandatory license revocation | Revocation |
A “vulnerable road user” includes pedestrians, cyclists, scooter riders, and others outside an enclosed vehicle. Colorado assigns 12 points when careless driving causes serious bodily injury to one of them, which is enough to suspend an adult license from a single conviction.
The 2026 Change: Felony Charges for Some Fatal Crashes
Senate Bill 26-072 was signed on May 28, 2026, and took effect September 1, 2026. It added a vehicle-specific section to Colorado’s criminally negligent homicide statute, C.R.S. 18-3-105. Under the new law, a driver who operates a motor vehicle with criminal negligence that is the proximate cause of another person’s death can be charged with criminally negligent homicide, a class 5 felony. A conviction also triggers mandatory driver’s license revocation.
Before this change, prosecutors in most fatal crashes that did not involve impairment or recklessness had only the misdemeanor charge of careless driving resulting in death. The bill also repealed a separate class 1 misdemeanor that applied when a driver caused a death while using a mobile electronic device. Those cases can now be charged under the felony statute.
The law applies only to crashes on or after September 1, 2026. Criminal negligence is a higher standard than the ordinary carelessness that supports a careless driving charge: it requires a gross deviation from the standard of care a reasonable person would use. Whether a particular crash meets that standard will be one of the central fights in these cases. If you were involved in a fatal crash, speak to a defense lawyer before speaking to investigators.
A Note From Attorney Steven J. Pisani
“Careless driving clients are usually people who have never been in a courtroom. They had a bad moment on the road, and now they have a criminal summons. I tell them the same thing every time: the ticket does not decide the outcome. The officer arrived after the crash. What the evidence shows about how it happened, and what you do next, decides the outcome.”
How Careless Driving Charges Are Defended
Who caused the crash. Officers often cite one driver based on a short scene investigation. Vehicle damage patterns, intersection camera footage, event data recorders, and independent witnesses can show the other driver was at fault or shared fault.
Conditions outside your control. Black ice, a malfunctioning signal, poor road design, or a sudden mechanical failure can explain a crash without careless driving.
Your statements at the scene. Drivers often apologize or speculate at the scene. An apology is not an admission of careless driving, and statements made in shock can be put in context.
Injury claims. When the charge is elevated to a class 1 offense because of bodily injury, the prosecution must prove the injury and that your driving caused it. Medical records sometimes show a weaker connection than the summons suggests.
Negotiated outcomes. In no-injury cases, careless driving is frequently reduced to a non-criminal traffic infraction with fewer points, or resolved through a deferred agreement that ends in dismissal. Restitution for property damage is often part of that discussion.
A Real Careless Driving Result
One of our clients, a commercial driver, received a 4-point careless driving ticket after a crash. Because of the federal rules on CDL convictions, that ticket put his job at risk. The case was resolved with an $80 fine and no points on his commercial license. Every case depends on its own facts, but that client called before he pleaded, and that made the difference. Call (303) 635-6768 to review your charge.
Careless Driving and Your Insurance
A careless driving conviction often matters in the civil claim that follows a crash. The other driver’s insurer may treat a conviction as evidence of fault, and a guilty plea in traffic court can sometimes be used against you in a lawsuit. A negotiated outcome on a lesser or non-moving charge can help protect you in both places. Talk with your lawyer about how the criminal outcome affects the insurance claim before you resolve either one.
Frequently Asked Questions
Is careless driving a misdemeanor in Colorado?
Yes. Careless driving is a class 2 misdemeanor traffic offense when no one is hurt and a class 1 misdemeanor traffic offense when it causes bodily injury or death. Either one requires a court appearance and creates a criminal record if you are convicted.
How many points is careless driving in Colorado?
Careless driving adds 4 points. Careless driving resulting in death adds 12 points, and careless driving that causes serious bodily injury to a vulnerable road user also adds 12 points.
Can a careless driving ticket be reduced in Denver?
Often, yes, especially when no one was injured. Common outcomes include reduction to a non-criminal infraction with fewer points or a deferred agreement. Results depend on your record, the facts of the crash, and the court.
What is the difference between careless and reckless driving?
Careless driving means driving without due regard for conditions, which is ordinary negligence. Reckless driving requires a wanton or willful disregard for safety. Reckless driving carries 8 points, while careless driving carries 4.
Can I be charged with a felony after a fatal crash in Colorado?
Yes. For crashes on or after September 1, 2026, a driver whose criminally negligent driving causes a death can be charged with criminally negligent homicide, a class 5 felony. Crashes involving impairment or reckless driving can also be charged as vehicular homicide.
Should I talk to the police after a crash?
You must provide your license, registration, and insurance, and you must not leave the scene of a crash involving injury or damage. Beyond that, if anyone was seriously hurt, it is wise to speak with a defense lawyer before giving a detailed statement.
Common Concerns About Careless Driving Charges
“The crash was minor. Why do I need a lawyer?” Because the charge is criminal and adds 4 points, and because a plea can affect who pays for the damage in the insurance claim.
“I already told the officer it was my fault.” That statement matters, but it is not the end of the case. The prosecution still has to prove careless driving, and many cases are reduced even when fault is not seriously disputed.
“Someone was hurt and I am scared.” That is the situation where early legal advice matters most. Injury and fatal crashes can involve elevated charges, and what happens in the first days often shapes the case.
What Happens When You Call
Call (303) 635-6768 and our office will ask for your summons, the crash report number if you have it, and whether anyone was injured. The consultation is free. Mr. Pisani will explain what the charge means, how the court and prosecutor in your jurisdiction typically handle it, and what steps to take now to protect yourself in both the criminal case and the insurance claim.
Related Denver Traffic Defense Pages
If speed played a role in the crash, our guide to Denver speeding tickets explains the points and penalties. Careless driving is one of several charges covered on our main Denver traffic ticket lawyer page, and drivers worried about losing their license should review our explanation of Colorado license points and suspension.
Talk to a Denver Careless Driving Attorney
The Law Offices of Steven J. Pisani, LLC has defended Denver drivers since 2008, including the commercial driver whose 4-point careless driving ticket ended with an $80 fine and no CDL points. Call (303) 635-6768 or visit Dominion Tower South, 600 17th Street, Suite 2823, Denver, CO 80202.
