In October of 2015, a Texas man was caught on video as he used his car to swipe the side of a motorcycle causing a motorcyclist and his passenger to crash. When confronted, the man told the biker “I don’t care…” and now he’ll be serving 15 years in a Texas prison for the attack. So why did a motorcycle versus car crash in Colorado result in only a one year sentence? Let’s explore the difference with our motorcycling attorneys here at the Metier Law Firm.

Is Colorado Too Light on People Who Cause a Fatal Motorcycle Crash?

The Colorado case we’re going to look at has many differences from the Texas case we mentioned above. In the Texas case, passenger and rider survived the crash with a range of mild to severe injuries. In the Colorado case, both passenger and rider perished. There is also a difference in intent, since the person who caused the crash in the Colorado case, didn’t mean to hurt anyone. However, in the Colorado case, members of the Fort Collins community were shocked that the woman who caused the crash only received a one year jail sentence.

When the Colorado crash happened, four members of our motorcycling community were enjoying the scenery in and around Big Thompson Canyon on their bikes. That’s when a car crossed the double yellow line, and plowed into one of the two motorcycles—both riders were ejected and lost their lives. The driver was charged with careless driving resulting in death, a Class 1 traffic misdemeanor that has a max sentence of up to one year in jail and a $1000 fine.

Should the Driver Have Faced Stiffer Charges?

The driver in this case received that maximum sentence, which will also include 240 hours of community service and a work release for half the one year she was sentenced to. This has members of the community angry because many feel the sentence is too light considering that two people were fatally injured. Many people were also concerned because marijuana paraphernalia was found at the scene, yet the driver was not tested to see if she was intoxicated. The crash itself wasn’t enough to compel officers to have the woman drug tested—she would later admit that the paraphernalia was hers.

The families of these crash victims will not find out if drugs contributed to loss of their parents. If the driver had been found to be under the influence, she may have faced a vehicular homicide involving DUI charge. This is a Class 3 felony and carries a penalty of 4-12 year in prison with up to $750,000 in fines.

This story was brought to you by the attorneys who ride at the Metier Law Firm—we’re here to give you strength when you need it.