Frequently Asked Questions — Colorado Car Accident Lawyers

Q: How long do I have to file a truck accident claim in Colorado?

Colorado’s statute of limitations is three years from the date of the accident under C.R.S. 13-80-101. But critical evidence like ELD data, dashcam footage, and maintenance records can be destroyed well before that deadline. A preservation demand should go to the trucking company as soon as possible. Do not wait. Trucking cases can involve other claims like negligent entrustment, hiring, or retention, which may have different statutes of limitations, so contact an attorney as soon as possible.

Q: Can I sue the trucking company, not just the driver?

Yes. Under the doctrine of respondeat superior, a trucking company is liable for the negligent acts of its employees performed within the course and scope of employment. The company can also be directly liable for negligent hiring, negligent supervision, negligent maintenance, and negligent entrustment of the vehicle. We try to identify every liable party and every insurance policy.

Q: What is the FMCSA and why does it matter to my case?

The Federal Motor Carrier Safety Administration is the government agency that oversees the regulation of the commercial motor vehicle industry. There are many rules that FMCSA has developed to govern a commercial driver’s hours of service, the record keeping that drivers must do with Electronic Log Books and ELDs, the times at which drivers must undergo a DOT-required drug test, and the condition of the vehicles in which they operate. If a trucking carrier violates one or more of FMCSA’s regulations and an injury occurs, then the violations themselves may be used as evidence of negligence in a Colorado court.

Q: Can I still recover damages if I was not wearing a helmet in a motorcycle accident?

Yes. In Colorado, not wearing a helmet does not automatically prevent you from recovering damages after a motorcycle accident. Colorado generally does not require adult motorcycle riders to wear helmets, although riders and passengers under 18 must wear one under C.R.S. § 42-4-1502. However, the insurance company may still argue that not wearing a helmet made certain injuries worse, especially if the case involves a head, face, or brain injury. If that argument is supported by evidence, then your compensation may be reduced under Colorado’s comparative negligence rules. The key issue is whether another driver caused the crash and whether the lack of a helmet actually contributed to your injuries. Even if you were not wearing one, you may still have a valid injury claim.

Q: Is lane filtering legal in Colorado?

Yes, since August 7, 2024. Under SB24-079, codified as an amendment to C.R.S. § 42-4-1503, motorcycle riders may pass between stopped vehicles at 15 mph or less, on the left side, when the lane is wide enough and conditions permit safe operation. Lane splitting, or passing between moving vehicles, remains illegal. The law automatically sunsets on September 1, 2027, pending a CDOT safety study.

Q: What are the signs of a traumatic brain injury after a car accident?

The most common signs include headaches that worsen or do not go away, confusion or difficulty concentrating, memory problems (particularly short-term memory), dizziness or balance issues, nausea, sensitivity to light and noise, mood changes (irritability, anxiety, depression), sleep disturbances, and difficulty finding words. Many of these symptoms are dismissed as ‘stress’ in the days after an accident. If you experience any cognitive, emotional, or physical changes after a car accident, ask your doctor specifically about traumatic brain injury and request a referral to a neurologist. Read our detailed guide: TBI Symptoms After an Accident: The Timeline Insurance Companies Ignore.

Q: Can you have a brain injury if you didn’t hit your head?

Yes. A direct blow to the head is not required for a traumatic brain injury. The rapid acceleration and deceleration forces in a car accident can cause the brain to slam against the inside of the skull and produce diffuse axonal injury even without any head contact. Whiplash-type mechanisms, where the head is violently snapped forward and back, generate rotational forces that stretch and tear the brain’s white matter tracts. Many TBI patients have no bruise, no cut, and no visible sign of head trauma. This is one reason TBI is so frequently underdiagnosed and why insurance companies fight these claims so aggressively.

Question 1

How much is my car accident case worth in Colorado?

Accepted Answer

It depends on the severity of your injuries, the amount of your medical bills and lost wages, the degree of permanency, and the available insurance coverage. Colorado caps noneconomic damages (pain and suffering) at $1,500,000 for cases filed on or after January 1, 2025, under HB 24-1472. Economic damages like medical bills and lost income have no cap. Permanent impairments and the potential for punitive damages are also a factor in assessing the value of the case. An attorney can give you a realistic range after reviewing your medical records and the insurance policies in play.

Question 2

Should I accept the first settlement offer from the insurance company?

Accepted Answer

Almost never. The first offer is the insurance company’s floor, not its ceiling. It is calculated to close the file quickly, before you know the full extent of your injuries. If you accept a settlement, you sign a release and give up all future claims forever. Once you sign, there is no reopening the case, even if your injuries turn out to be worse than expected.

Question 3

What if I was partially at fault for the accident?

Accepted Answer

You can still recover damages in Colorado as long as you were less than 50% at fault. Under C.R.S. § 13-21-111, your recovery is reduced by your percentage of fault. At 30% fault, you recover 70% of your damages. At 50% or above, you recover nothing. The insurance adjuster’s primary goal is to push your fault percentage as high as possible.

Question 4

Do I need a lawyer for a minor car accident?

Accepted Answer

Each case is different and a lot of times, you won’t know if your car accident really is minor or not. If you have no injuries at all even after being examined by your doctors and letting time pass, and your car has a scratched bumper, you probably do not need an attorney. If you went to the emergency room, saw a specialist, missed work, or are still in pain weeks later, the case has likely moved beyond what you should handle alone. A five-minute phone call with an attorney costs you nothing and tells you where you stand.

Question 5

How long does a Colorado car accident case take?

Accepted Answer

Some cases can resolve in 3 to 6 months, such as ones with clear liability and limited injuries. Cases involving surgery, disputed liability, or multiple parties typically take longer like 12 to 24 months. Cases that go to trial can take 2 to 3 years from crash to verdict. The single biggest factor in timeline is when you reach maximum medical improvement, because your case cannot be accurately valued until your treatment is complete.

Question 6

What is the statute of limitations for a car accident in Colorado?

Accepted Answer

Three years from the date of the crash for personal injury claims under C.R.S. § 13-80-101. Two years for wrongful death under C.R.S. § 13-21-102. If a government vehicle was involved, you must file a notice of claim within 182 days under the Colorado Governmental Immunity Act (C.R.S. § 24-10-109). These deadlines are absolute.

Question 7

What if the other driver was uninsured?

Accepted Answer

You file a claim under your own uninsured motorist (UM) coverage, if you have it. Colorado law under C.R.S. § 10-4-609 requires insurers to offer UM/UIM coverage, but drivers can reject it in writing. If you have UM coverage, it steps into the shoes of the at-fault driver’s missing insurance. If you do not, your recovery options may be limited to suing the driver personally.

Question 8

Can I still recover damages if I was not wearing a seatbelt?

Accepted Answer

Yes, but with a caveat. Under C.R.S. § 42-4-237(7), Colorado’s seatbelt defense allows the at-fault driver to argue that your injuries would have been less severe if you had been buckled. The jury can reduce your damages by the percentage attributable to not wearing a seatbelt, but the failure to wear a seatbelt does not eliminate your claim entirely and does not establish negligence per se. Worse though, failure to wear a seatbelt limits your recovery to economic losses and medical payments, you cannot recover pain and suffering or other non-economic damages if you were not wearing a seatbelt.

Question 9

What is Colorado’s Hands-Free Law and how does it affect my case?

Accepted Answer

Effective 2024, Colorado’s Hands-Free Law C.R.S. § 42-4-239 prohibits holding a cell phone while driving. If the at-fault driver was holding a phone at the time of the crash, that is a statutory violation and evidence of negligence per se. Phone records, app data, and cell tower information can prove the violation. This law has strengthened distracted driving claims significantly.

Question 10

How much does a car accident lawyer cost in Colorado?

Accepted Answer

Most Colorado car accident attorneys, including Rampart Injury Lawyers, work on a contingency fee basis. You pay nothing upfront. The attorney’s fee is a percentage of the recovery, typically 35% before litigation and 40% if the case goes to trial. If there is no recovery, you owe no attorney’s fees. Costs like filing fees and expert witness fees are typically advanced by the firm and repaid from the settlement or verdict. There are limited circumstances where clients may be responsible for case costs and expenses. If a court awards attorney fees to an adverse party, you may be liable for those fees. Details are in the written fee agreement.

Question 11

What damages can I recover in a Colorado car accident case?

Accepted Answer

Economic damages include medical bills, lost wages, future medical care, and reduced earning capacity. Noneconomic damages include pain and suffering, loss of enjoyment of life, interference with the activities of daily living and disfigurement, capped at $1,500,000 for cases filed after January 1, 2025. Colorado Civil Jury Instruction 6:1 also allows for permanent impairment damages, which are also uncapped. If the at-fault driver was drunk or acted willfully and wantonly, exemplary damages under C.R.S. § 13-21-102 may apply.

Question 12

What if the at-fault driver was driving for Uber or Lyft?

Accepted Answer

Rideshare cases involve layered insurance policies. If the driver had accepted a ride or was carrying a passenger, the rideshare company typically provides up to $1 million in liability coverage. If the app was on but no ride was accepted, a lower contingent coverage applies. If the app was off, only the driver’s personal policy applies. Identifying which coverage layer applies requires knowing the app status at the moment of the crash.

Jack Mao

Paralegal

EDucation

Arapahoe Community College.

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