What’s Happening
There is a systemic problem in the United States, including in Colorado. While engaging in the daily and often mundane routine of traveling around our communities, people crash into each other at an alarming rate. These crashes too often result in the loss of life and serious bodily injury. According to the Colorado Department of Transportation, over the past twenty years, 11,737 people have died on Colorado’s roads, including 1,870 bicyclists and pedestrians. To put this into perspective, if the past is any indication of the future, today we can expect two people to be killed on Colorado’s roads.
There are multiple reasons behind this public health epidemic. One factor is that our transportation infrastructure was primarily designed to maximize vehicle throughput, often at the expense of safety. Another factor is that far too many of us abuse the privilege of driving by shirking our responsibility to keep ourselves and others safe. Unfortunately, Colorado law and our judicial system fail to hold dangerous drivers accountable.
In cases where the actions of one person result in the death of another, every law in Colorado considers this a felony, except one: Careless Driving Resulting in Death, a class one misdemeanor. District attorneys have the option to charge drivers with a felony, but unless the circumstances are egregious, such as the driver was speeding excessively, under the influence, or had intent to harm, many opt for this lesser misdemeanor charge. To provide a recent example, a Colorado driver was texting while driving and hit and killed a child in a crosswalk. The charge: a class one misdemeanor.
What We Believe
Most traffic crashes are within our control because, as drivers, we have agency—we make intentional choices, and these choices can result in serious harm. A misdemeanor charge fails to acknowledge that agency and completely overlooks the harm caused: the loss of life.
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. Most families we talk with who have lost loved ones in traffic crashes will unequivocally say that many drivers receive a slap on the wrist and that justice is not served.
What We’re Doing
We are grateful to be working with Senators Marc Snyder and John Carson, along with other safe streets advocates, on SB26-072, which will help communities hold dangerous drivers accountable. This bill would:
- Create a new class 5 felony: Criminally Negligent Vehicular Homicide or Assault. This new crime would provide district attorneys with a clearer path towards charging more drivers who hit and kill another person with a felony.
- Change the crime of killing another person while driving and holding an electronic device from a class one misdemeanor to a class five felony.
- Double the sentencing ranges for jail time served for felony 3 and 4 vehicular homicide and assault crimes, and establish mandatory minimums.
Securing votes to pass this bill will not be easy. One key to success will be people like you asking your state legislators to vote YES. To learn about opportunities to exercise your voice at the State Capitol, please sign up here to receive our legislative action alerts.
