Colorado personal injury law allows victims of vehicle accidents caused by the wrongful conduct of someone else to recover full compensatory damages. Following are some of the most relevant legal considerations:
Statute of Limitations: In Colorado, the statute of limitations deadline for filing a lawsuit over personal injury or property damage arising from a car accident is two years from the date of the accident.
Shared Liability: If the victim and the defendant are both at fault for the accident, Colorado applies a modified comparative fault system to determine the victim’s damages. Under this system, the victim’s total damages will be reduced in exact proportion to his own percentage of fault – by 20 percent, for example. If the victim is 50 percent of more at fault for the accident, however, he will recover nothing.
Fault/No Fault Rule: Since Colorado is a “fault” state, if you believe the accident was the other party’s fault, you may directly file a lawsuit or a claim against the other party’s liability insurance company.
Minimum Insurance Coverage: Colorado applies a 25/50/15 minimum liability insurance coverage rule – your auto liability insurance policy must cover at least $25,000 per person, $50,000 cumulative per accident, and $15,000 in property damage per accident.
Types of Damages Available: Compensatory damages are available. To obtain punitive damages, outrageous behavior on the part of the defendant must be proven beyond a reasonable doubt, and the total amount of punitive damages must not exceed the amount of compensatory damages.
Uninsured/Underinsured Drivers: Colorado does not require motorists to purchase uninsured or underinsured motorist coverage.
Product Liability for Defective Vehicles: Showing that a product incorporates inherent dangers is not enough to establish liability. A product will be considered defective and unreasonably dangerous if the foreseeable risks of its design or manufacture outweigh its benefits.
Suing the Government over Defective Roadways (Sovereign Immunity): In Colorado, damages are capped by statute at $150,000 per victim and $600,000 per accident.
Motorcycle Helmet Laws: Colorado law requires riders and passengers under 18 to wear helmets. Helmets are not required for adults.
Seat Belt Laws: Minors under 18 are required to wear seat belts while sitting in the front seat. Although adults are subject to the same requirement, the failure of an adult to buckle up is a secondary offense – an officer cannot cite you for it unless he stopped you to cite you for another traffic infraction that you committed.
Dram Shop Laws: Licensed alcohol retailers can be held liable if they serve alcohol to someone under 21 or to someone already visibly intoxicated. A social host can be held liable for knowingly serving a minor under 21 or for knowingly providing a setting for the consumption of alcohol by a minor (allowing your home to be used for a party, for example).
DUI/DWI Laws: In Colorado the legal BAC limit is .08% (.02% for minors under 21), and enhanced penalties apply to drivers who test at 0.17% and above. First-time offenders can be jailed for up to a year and fined up to $1,000. A driver’s license suspension of up to 9 months applies. A separate offense, Driving While Ability Impaired (DWAI), applies to drivers who test at between .05% and ‘08%. Offenders can be jailed for up to 180 days and fined up to $500.
Distracted Driving (texting while driving, etc.): Drivers under 18 are banned from using cell phones while driving, and all drivers are banned from texting while driving.
