Colorado bill introduced aims to increase penalties for careless driving resulting in death
A bill was introduced in the Colorado legislature this week that would increase the penalties for careless driving causing serious bodily injury or resulting in death. Right now, that charge carries a maximum sentence of one year in jail and/or a $1,000 fine.
The Stewart family from Littleton has worked with Colorado lawmakers to get the bill considered this session. Josh Stewart lost his 13-year-old son, Liam, after he was riding his bike to school in October 2023 when a driver hit and killed him.
"We're still dealing with grief. It's painful. It's awful. No parent should ever lose a child, especially when it's preventable," said Stewart.
Stewart said it's a phone call from police that no parent should ever get, but what's made everything even more difficult is learning the driver responsible for killing their son would only be facing a traffic misdemeanor. However, the proposed change to Colorado state law could impact many families who are ever put in a similar situation.
"We're just trying to get justice for anybody that has to go through this," Stewart said. "I never want another family to hear what we had to hear. This is for them."
Since his son's passing, Stewart has been advocating for safer streets and working to change Colorado state law. Under current law, a person charged in careless driving resulting in death faces a class 1 misdemeanor traffic offense, with up to one year in jail and/or $1,000 fine.
Stewart said it came as a surprise and shock to his own family.
"I sat up for probably a week reading criminal documents, trying to figure out how this could only be a misdemeanor, that somebody must have gotten this wrong there," said Stewart.
If the bill passes, it will increase the penalty to a class 6 felony and a much longer sentence. In Liam's case, the driver plead guilty and was sentenced to two years of probation with a $1,000 fine.
With a change in law, Stewart's hope is that the loss of a loved one in similar cases isn't just seen as a low-level traffic violation
"Justice has not been served for our family. it's a painful process," said Stewart. "Changing this law isn't going to bring any of our kids back but knowing that justice could be served is such an important aspect in the majority of these cases."
Stewart also said they are hoping people will recognize careless driving is serious and dangerous crime, and that people should be held accountable who put others in harm's way.
"All of these cases are preventable. They're all the result of bad choices made by people driving a very large vehicle and not taking responsibility for what they're doing on the road. This brings responsibility to those drivers," said Stewart.
Stewart added that Liam was a great big brother and a great friend.
"I think about him a lot. He'd be turning 15 this year, getting his permit," said Stewart.
While Liam's opportunity to get behind the wheel was taken away too soon, his family hopes to bring change in light of tragedy.
"The world is not a better place without him here," said Stewart. "But I think we're doing right by his legacy to make some changes that I think he would appreciate."
If the bill passes, the person's driver's license could also be suspended for up to a year. Plus, the bill would also require law enforcement to test for drugs and alcohol if a person kills someone while driving carelessly. The legislation also states that each person killed is a separate offense.
Opponents of the bill argue increasing penalties would not prevent crashes from happening in the future.
The bill will be heard in committee on Wednesday afternoon.
