Fort Collins Careless Driving Attorney | The Train Hits Your Car and You Get Ticketed

A woman was charged with Careless Driving after getting stuck on the railroads tracks, causing a collision with an oncoming train in Fort Collins.
A woman was charged with Careless Driving after getting stuck on the railroads tracks, causing a collision with an oncoming train in Fort Collins.
Image Source: Pixabay-Pexels

I read a story the other day, which actually peaked my interest because the traffic issue affected my commute to work. As I was driving into downtown Fort Collins, I was unable to take my normal route to get to the parking garage, because a train was just sitting on the tracks and police cars were blocking the roads. I looked online to see what had occurred. Apparently, a woman was driving on Mason Street when she drifted off the road and onto the railroad tracks. Her SUV became stuck and she could not get it out of the way before a train was headed towards her. The train initiated an emergency stop, but could not get fully stopped in time and hit the SUV, pushing it about 100 feet back. The woman was unharmed, but did get a ticket for Careless Driving.  She must be thankful she was not killed.

Larimer County Careless Driving Lawyer: What is the Definition of Careless Driving?

The Colorado law definition of Careless Driving in Larimer, Boulder, and Grand County – C.R.S. 42-4-1402 – is:

A person who drives a motor vehicle, bicycle, electrical assisted bicycle, 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, is guilty of careless driving. A person convicted of careless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of section 42-2-127.

Most likely, the woman was ticketed for this offense because she drifted over the curb and onto the railroad tracks. The Fort Collins Police Officer must have deemed that she was being careless and not giving due regard to the width of the road since she crossed over the median curb and onto the tracks deep enough to get stuck.

Fort Collins Careless Driving Attorney: What is the Punishment for a Careless Driving Ticket?

Careless Driving is a traffic misdemeanor in Fort Collins, Loveland, and Estes Park, but can be charged as a class 1 or class 2 traffic misdemeanor depending on injuries:

  • Class 2 misdemeanor traffic offense – if no injuries result
  • Class 1 misdemeanor traffic offense – if the person’s actions are the proximate cause of bodily injury to another
  • Class 1 misdemeanor traffic offense – if the person’s actions are the proximate cause of death to another

A class 1 misdemeanor traffic offense is punishable by 10 days to 1 year in the Larimer County Jail, whereas a class 2 misdemeanor traffic offense is punishable by 10 to 90 days in the Boulder County Jail.

If you or someone you love has been ticketed for Fort Collins Careless Driving, be smart, exercise your right to remain silent, and contact Larimer County’s  best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.