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42-4-1602. Accident involving damage - duty.

Text

(1) The driver of any vehicle directly involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall immediately return to and in every event shall remain at the scene of such accident, except in the circumstances provided in subsection (2) of this section, until the driver has fulfilled the requirements of section 42-4-1603. Every such stop shall be made without obstructing traffic more than is necessary. Any person who violates any provision of this subsection (1) commits a class 2 misdemeanor traffic offense.

(2) When an accident occurs on the traveled portion, median, or ramp of a divided highway and each vehicle involved can be safely driven, each driver shall move such drivers vehicle as soon as practicable off the traveled portion, median, or ramp to a frontage road, the nearest suitable cross street, or other suitable location to fulfill the requirements of section 42-4-1603.

History

History.
Source: L. 94: Entire title amended with relocations, p. 2400, 1, effective January 1, 1995.

Annotations

Editors note: This section is similar to former 42-4-1402 as it existed prior to 1994, and the former 42-4-1602 was relocated to 42-4-1802.

ANNOTATION

Annotators note. Since 42-4-1602 is similar to 42-4-1402 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 and 42-4-1401 cover accidents involving death, injuries, and property damage. City of Aurora v. Mitchell, 144 Colo. 526, 357 P.2d 923 (1960).

Section applies only to accidents involving damage to vehicle which is driven or attended by another person. Lumbardy v. People, 625 P.2d 1026 (Colo. 1981).

Section cannot serve as basis of conviction for leaving the scene of a single-car accident. Lumbardy v. People, 625 P.2d 1026 (Colo. 1981).