Colorado Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
Colorado injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for Colorado
- Deadline to sue for an injury
- Most tort lawsuits, including negligence claims for personal injury, must be filed within two years after the claim accrues. Injury and property-damage claims arising from the use or operation of a motor vehicle have three years. Colo. Rev. Stat. §§ 13-80-102(1)(a), 13-80-101(1)(n), 13-80-103(1)(a)
- Fault rule (comparative negligence)
- Modified comparative negligence (50% bar). An injured person can recover if his or her negligence was not as great as the negligence of the person being sued; damages are reduced by the injured person's percentage of fault. Colo. Rev. Stat. §§ 13-21-111, 13-21-111.5
- Wrongful death deadline
- A wrongful death lawsuit must be filed within two years after the claim accrues. If the defendant committed vehicular homicide and left the scene of the accident in the same episode, the deadline is four years. Colo. Rev. Stat. § 13-80-102(1)(d), (2)
- Minimum car insurance
- Required liability coverage is at least $25,000 for injury or death of one person, $50,000 for all persons in one accident, and $15,000 for property damage (25/50/15). Colo. Rev. Stat. § 10-4-620
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | Most tort lawsuits, including negligence claims for personal injury, must be filed within two years after the claim accrues. Injury and property-damage claims arising from the use or operation of a motor vehicle have three years. Assault, battery, false imprisonment, libel and slander have one year. |
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| Deadline to sue for property damage | Property damage from a car accident (a tort arising from use or operation of a motor vehicle) must be filed within three years, as must actions for taking, detaining or converting personal property. Other tort claims for property damage, such as negligence or trespass not involving a motor vehicle, have two years. |
| Medical malpractice deadline | A lawsuit against a licensed health care professional or institution must be filed within two years after the claim accrues, and no later than three years after the act or omission. The three-year outer limit does not apply if the act was knowingly concealed or a foreign object was left in the body (two years from discovery in those cases), or if both the injury and its cause were not and could not have been known. A child who was under 6 at the time may sue any time before turning 8, and other persons under a legal disability have special time periods. Source: Colo. Rev. Stat. § 13-80-102.5 |
| Wrongful death deadline | A wrongful death lawsuit must be filed within two years after the claim accrues. If the defendant committed vehicular homicide and left the scene of the accident in the same episode, the deadline is four years. |
| Suing the government | Under the Colorado Governmental Immunity Act, a person injured by a public entity or its employee must file a written notice of claim within 182 days after discovering the injury; this is a jurisdictional requirement, and missing it bars the claim. The notice must give the facts, the injury and the amount of damages requested, and is filed with the Attorney General for claims against the State, or with the governing body or attorney of any other public entity. Recovery is capped at $350,000 for one person and $990,000 for two or more people in a single occurrence, with these amounts adjusted for inflation every four years and published by the Secretary of State. A public entity may raise its own limits by resolution. |
Fault and damages
| Fault rule (comparative negligence) | Modified comparative negligence (50% bar). An injured person can recover if his or her negligence was not as great as the negligence of the person being sued; damages are reduced by the injured person's percentage of fault. If the injured person's share is equal to or greater than the defendant's, the court enters judgment for the defendant. Each defendant generally pays only its own percentage of fault. |
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| Damage caps | Yes. For civil actions filed on or after January 1, 2025 (or claims accruing on or after that date), total non-economic damages (pain and suffering, emotional stress, impairment of quality of life) are capped at $1,500,000, to be adjusted for inflation starting January 1, 2028. For actions filed before 2025, the earlier cap of $250,000 (up to $500,000 with clear and convincing justification, as adjusted for inflation) applies. Separate limits apply to medical malpractice and wrongful death. In wrongful death cases, non-economic damages are capped at $2,125,000 for actions filed in 2025 or claims accruing on or after January 1, 2025, with no limit if the death was a felonious killing. Economic damages are not capped by these sections. Read in the 2024 Colorado Revised Statutes (uncertified printout), which includes the 2024 amendments effective January 1, 2025. |
| Medical malpractice caps | Yes. Total damages against health care professionals and institutions are generally limited to the greater of $1,000,000 or 125% of the medical wrongful-death non-economic limit, of which only a set amount may be non-economic. The non-economic limit is $415,000 for claims accruing in 2024-2025, and rises for acts or omissions in later years: $530,000 (2026), $645,000 (2027), $760,000 (2028), $875,000 (2029), then adjusted for inflation. For a patient's wrongful death, non-economic damages are capped at $555,000 for acts in 2025, $810,000 for 2026, $1,065,000 for 2027, with further scheduled increases. A court may award additional economic damages above the total cap if applying it would be unfair. The caps do not apply to public health care employees or public institutions covered by the Governmental Immunity Act. Read in the 2024 Colorado Revised Statutes (uncertified printout). |
| Punitive damages | Called "exemplary damages." They may be awarded when the injury was attended by fraud, malice, or willful and wanton conduct, and must be proved beyond a reasonable doubt. The award generally may not exceed the amount of actual damages, but the court may increase it to up to three times actual damages if the defendant continued or repeated the conduct while the case was pending. A claim for exemplary damages cannot be included in the initial complaint; it may be added only after initial disclosures and a showing of a triable issue. |
Wrongful death
| Who can sue for wrongful death | Colorado sets an order of who may sue. In the first year after the death, the surviving spouse may sue; the spouse may also elect in writing to sue together with, or let, the deceased's heirs (children) sue. If there is no spouse, the heirs or a designated beneficiary may sue. In the second year, the spouse, the heirs, or both (or a designated beneficiary with the heirs) may sue. Siblings may sue only if there is no spouse, heir or designated beneficiary, or if an unmarried deceased person without descendants had no living parents. Only one wrongful death action is allowed per deceased person. |
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| Wrongful death deadline | A wrongful death lawsuit must be filed within two years after the claim accrues. If the defendant committed vehicular homicide and left the scene of the accident in the same episode, the deadline is four years. |
Car accidents and dog bites
| Reporting a crash to police | A driver in a traffic crash causing injury, serious bodily injury, death, or any property damage must, after stopping and exchanging information, give immediate notice of the crash location and their information to the nearest police authority. If police direct it, the driver must return to and stay at the scene until officers finish their investigation. If the driver is physically unable, another capable occupant must give the notice. Violations are a class 2 misdemeanor traffic offense. Source is the official Colorado Revised Statutes 2024 PDF for Title 42 (the 2025 edition was not available at the expected address). Officers need not investigate or report a motor vehicle crash with no injury or death if damage to any one person's property appears not to exceed $1,000, unless a participant asks or someone cannot show proof of insurance (§ 42-4-1606(4)(b)). |
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| Crash report to the DMV | Colorado's former requirement for drivers to file their own written crash report (C.R.S. § 42-4-1606(2)) was repealed in 2004. Law enforcement officers who are notified of or investigate a crash submit reports to the Department of Revenue on its form, including drivers' insurance information, within 5 days. The department may still require a driver in a reportable crash to file a supplemental report if the original is insufficient. Source is the 2024 C.R.S. Title 42 PDF; sections appear around pages for Part 16 of Article 4. |
| Leaving the scene (hit and run) | A driver directly involved in a crash causing injury, serious bodily injury, or death must stop at or return to the scene and stay until giving name, address and registration number, showing a license on request, and, where practical, giving reasonable help to the injured, including arranging transport for medical care. In a damage-only crash with an attended vehicle, the driver must stop and exchange the same information; on a divided highway, drivable vehicles should be moved off the traveled lanes to a safe spot first. For an unattended vehicle or property, the driver must find the owner or leave a note, and report the crash. Leaving the scene of an injury crash is a class 1 misdemeanor traffic offense; with serious bodily injury, a class 4 felony; with a death, a class 3 felony; the license is revoked on conviction. Leaving a damage-only crash or an unattended vehicle is a class 2 misdemeanor traffic offense. Leaving the scene only to report the crash to police after meeting the stop-and-information duties is not an offense (§ 42-4-1601(1.5)). 'Injury' includes physical pain, illness, or any impairment of physical or mental condition. |
| Minimum car insurance | Required liability coverage is at least $25,000 for injury or death of one person, $50,000 for all persons in one accident, and $15,000 for property damage (25/50/15). Source: Colo. Rev. Stat. § 10-4-620 |
| Dog bites | A person who suffers serious bodily injury or death from a dog bite while lawfully on public or private property may recover economic damages from the dog's owner, regardless of whether the dog was known to be vicious (strict liability for economic damages). The owner is not liable under this statute if the person was trespassing, was on the owner's property posted with a "no trespassing" or "beware of dog" sign, knowingly provoked the dog, or was a veterinary worker, groomer or trainer at work, among other exceptions. Other claims, such as negligence, are still available. Source: Colo. Rev. Stat. § 13-21-124 |
Slip, trip and fall injuries
| Slip and fall: property owner's duty | Slip and fall / premises liability: Colorado's Premises Liability Act controls injury claims against a landowner (including an occupant or anyone legally responsible for the property) and sets different duties by the visitor's status, which the judge decides. A trespasser may recover only for damage the landowner caused willfully or deliberately. A licensee (including a social guest) may recover for the landowner's unreasonable failure to use reasonable care about dangers the landowner created and actually knew about, or to warn of unusual dangers it did not create but actually knew about. An invitee (someone there on business, or because the public is invited) may recover for the landowner's unreasonable failure to use reasonable care to protect against dangers the landowner actually knew or should have known about; for agricultural or vacant land, only dangers the landowner actually knew about count. Read in the Colorado Revised Statutes 2024 (Office of Legislative Legal Services title PDF); laws passed in 2025-2026 are not reflected. The act does not abolish the attractive-nuisance doctrine for children under 14. Source: C.R.S. § 13-21-115 |
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| Falls on snow and ice | Snow and ice on public property: under Colorado's Governmental Immunity Act, the mere existence of snow or ice is not by itself a dangerous condition. A public entity can be liable for a particular dangerous accumulation of snow, ice, sand or gravel on the surface of a covered public road when it failed to use available means to remove or mitigate it after actual notice and a reasonable time to act, and for an accumulation of snow and ice that physically interferes with public access on walks leading to a public building open for business, under the same actual-notice and reasonable-time conditions. Read in the Colorado Revised Statutes 2024 (Office of Legislative Legal Services title PDF); laws passed in 2025-2026 are not reflected. No statute on snow and ice on private property was read; private-property claims fall under the Premises Liability Act. |
| Sidewalk falls: who is responsible | Public sidewalks: Colorado public entities are generally immune from tort claims, but immunity is waived for injuries from a dangerous condition of a public highway, road, street or sidewalk within a municipality (on the portion designed for public travel or parking) that physically interferes with the movement of traffic. A dangerous condition is a physical condition the public entity knew about, or with reasonable care should have known about, caused by its negligence in building or maintaining the facility; inadequate design alone does not count. The sections read do not place sidewalk liability on abutting property owners. Read in the Colorado Revised Statutes 2024 (Office of Legislative Legal Services title PDF); laws passed in 2025-2026 are not reflected. |
| Claims against a city or county | Claims against a city, county or other public entity: a written notice of claim must be filed within 182 days after the injury is discovered; this is a jurisdictional requirement and missing it bars the claim. The notice goes to the governing body of the public entity or its attorney (claims against the state go to the attorney general), by registered or certified mail or personal service, and must state the facts, the injury and the amount of damages requested. A lawsuit cannot be filed until the entity denies the claim or 90 days pass. Recovery is capped by statute at $350,000 for one person and $990,000 per occurrence, amounts the statute adjusts every four years for inflation (the Secretary of State publishes the adjusted figures); the same act covers state and local entities. Read in the Colorado Revised Statutes 2024 (Office of Legislative Legal Services title PDF); laws passed in 2025-2026 are not reflected. The current inflation-adjusted caps were not looked up. Source: C.R.S. §§ 24-10-109, 24-10-114 |
| Injuries on land used for recreation | Landowners who open land for free recreation: a Colorado landowner who invites or permits people to use the property for recreation without charge does not promise the land is safe, does not give users invitee or licensee status, and does not take on liability for injuries they cause. The protection does not apply to willful or malicious failure to guard or warn against a known dangerous condition likely to cause harm, to land where the owner charges for recreational use, to attractive nuisances (with exceptions for water facilities and abandoned mines), or to injuries on land where a commercial enterprise is carried on. Since 2024, an owner who posts a sign with statutory warning text at the primary access point and keeps evidence of it is not treated as willfully failing to warn about known dangers. Read in the Colorado Revised Statutes 2024 (Office of Legislative Legal Services title PDF); laws passed in 2025-2026 are not reflected. Source: C.R.S. §§ 33-41-103, 33-41-104 |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle helmet law | Motorcycle helmets: in Colorado, drivers and passengers under 18 on a motorcycle, autocycle or low-power scooter must wear a properly secured motorcycle helmet meeting federal standard FMVSS 218; riders 18 and older are not required to. Certain low-speed autocycles with a windshield and seat belts are exempt. A violation is a class A traffic infraction. The section does not address reducing damages. Read in the Colorado Revised Statutes 2024 (Office of Legislative Legal Services title PDF); laws passed in 2025-2026 are not reflected. Source: C.R.S. § 42-4-1502 |
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| Lane splitting | Lane splitting and filtering: Colorado generally bans riding a motorcycle between lanes of traffic or between rows of vehicles. Since August 7, 2024, the driver of a two-wheeled motorcycle may pass a stopped vehicle in the same lane (lane filtering) if the vehicles in adjacent same-direction lanes are also stopped, the lanes are wide enough, the motorcycle goes 15 mph or less, and conditions are safe; filtering must stop when traffic starts moving and is not allowed on the right shoulder, to the right of the far-right lane on a non-limited-access highway, or in an opposing lane. This filtering permission is set to be repealed on September 1, 2027. Read in the Colorado Revised Statutes 2024 (Office of Legislative Legal Services title PDF); laws passed in 2025-2026 are not reflected. Source: C.R.S. § 42-4-1503 |
| Pedestrian right-of-way | Pedestrian right of way: where traffic signals are not in place or not working, drivers must yield (slowing or stopping) to a pedestrian in a crosswalk who is on the driver's half of the road or approaching closely from the other half, and may not pass a vehicle stopped for a pedestrian at a crosswalk. Pedestrians may not suddenly leave a curb into the path of a vehicle too close to stop, must obey Walk and Don't Walk signals, and drivers must yield to pedestrians who started crossing on Walk. A pedestrian crossing anywhere other than a marked or unmarked crosswalk at an intersection must yield to all vehicles, may not cross between adjacent signal-controlled intersections except in a marked crosswalk, and may not cross diagonally unless signals allow it (a class B traffic infraction). Read in the Colorado Revised Statutes 2024 (Office of Legislative Legal Services title PDF); laws passed in 2025-2026 are not reflected. Source: C.R.S. §§ 42-4-802, 42-4-803 |
| Bicycle laws | Bicycles: a person riding a bicycle, e-bike or electric scooter has the rights and duties of a vehicle driver, subject to special rules and local ordinances. A driver passing a bicyclist must allow at least a three-foot separation (including mirrors) at all times. Riders slower than traffic must use the right-hand lane, riding as far right as the rider judges safe, with exceptions for left turns, passing and hazards; they may ride no more than two abreast and must not impede traffic when doing so. Riders on a sidewalk or crosswalk must yield to pedestrians and give an audible signal before passing them. The sections read do not set a bicycle helmet requirement. Read in the Colorado Revised Statutes 2024 (Office of Legislative Legal Services title PDF); laws passed in 2025-2026 are not reflected. |
| Uber and Lyft insurance | Uber/Lyft insurance: while a transportation network company (TNC) driver is logged into the app but not on a prearranged ride, the driver or the TNC must keep primary auto insurance of at least $50,000 per person and $100,000 per accident for injury and $30,000 for property damage. During a prearranged ride, primary liability insurance of at least $1,000,000 per occurrence is required, and since August 10, 2022 the TNC must also secure uninsured motorist coverage for the driver and riders of at least $200,000 per person and $400,000 per occurrence. Read in the Colorado Revised Statutes 2024 (Office of Legislative Legal Services title PDF); laws passed in 2025-2026 are not reflected. Source: C.R.S. § 40-10.1-604 |
| Truck safety and insurance rules | Commercial trucks: Colorado requires commercial vehicles (generally those over 16,000 pounds used in commerce, apportioned-plate vehicles, tow trucks, and placarded hazmat vehicles) to comply with rules adopted by the chief of the Colorado State Patrol, who must use the U.S. Department of Transportation safety rules as general guidelines, including driver qualifications, hours of service and vehicle inspection, repair and maintenance. Intrastate motor carriers that violate the rules are subject to the federal civil penalties in 49 C.F.R. Part 386, subpart G, with some state limits. Federal minimum insurance for interstate carriers is in 49 C.F.R. 387.9. Read in the Colorado Revised Statutes 2024 (Office of Legislative Legal Services title PDF); laws passed in 2025-2026 are not reflected. |
Construction accidents
| Construction site injuries | Construction injuries: under Colorado's workers' comp law, an employer that has complied with the act, including its insurance requirements, and its insurer are not subject to any other liability for an employee's injury or death, and other remedies are abolished except as the act provides. An injured worker may take workers' comp and also sue a negligent third party not in the same employ (such as another contractor or an equipment maker) for damages beyond the comp benefits, subject to the insurer's subrogation rights. Read in the Colorado Revised Statutes 2024 (Office of Legislative Legal Services title PDF); laws passed in 2025-2026 are not reflected. No scaffold-law statute was searched for or reviewed. |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in Colorado?
Most tort lawsuits, including negligence claims for personal injury, must be filed within two years after the claim accrues. Injury and property-damage claims arising from the use or operation of a motor vehicle have three years. Assault, battery, false imprisonment, libel and slander have one year.
How long do you have to sue for property damage in Colorado?
Property damage from a car accident (a tort arising from use or operation of a motor vehicle) must be filed within three years, as must actions for taking, detaining or converting personal property. Other tort claims for property damage, such as negligence or trespass not involving a motor vehicle, have two years.
What is the statute of limitations for medical malpractice in Colorado?
A lawsuit against a licensed health care professional or institution must be filed within two years after the claim accrues, and no later than three years after the act or omission. The three-year outer limit does not apply if the act was knowingly concealed or a foreign object was left in the body (two years from discovery in those cases), or if both the injury and its cause were not and could not have been known. A child who was under 6 at the time may sue any time before turning 8, and other persons under a legal disability have special time periods.
How long do you have to file a wrongful death lawsuit in Colorado?
A wrongful death lawsuit must be filed within two years after the claim accrues. If the defendant committed vehicular homicide and left the scene of the accident in the same episode, the deadline is four years.
Who can file a wrongful death lawsuit in Colorado?
Colorado sets an order of who may sue. In the first year after the death, the surviving spouse may sue; the spouse may also elect in writing to sue together with, or let, the deceased's heirs (children) sue. If there is no spouse, the heirs or a designated beneficiary may sue. In the second year, the spouse, the heirs, or both (or a designated beneficiary with the heirs) may sue. Siblings may sue only if there is no spouse, heir or designated beneficiary, or if an unmarried deceased person without descendants had no living parents. Only one wrongful death action is allowed per deceased person.
Can you recover damages if you were partly at fault in Colorado?
Modified comparative negligence (50% bar). An injured person can recover if his or her negligence was not as great as the negligence of the person being sued; damages are reduced by the injured person's percentage of fault. If the injured person's share is equal to or greater than the defendant's, the court enters judgment for the defendant. Each defendant generally pays only its own percentage of fault.
Does Colorado cap damages in personal injury cases?
Yes. For civil actions filed on or after January 1, 2025 (or claims accruing on or after that date), total non-economic damages (pain and suffering, emotional stress, impairment of quality of life) are capped at $1,500,000, to be adjusted for inflation starting January 1, 2028. For actions filed before 2025, the earlier cap of $250,000 (up to $500,000 with clear and convincing justification, as adjusted for inflation) applies. Separate limits apply to medical malpractice and wrongful death. In wrongful death cases, non-economic damages are capped at $2,125,000 for actions filed in 2025 or claims accruing on or after January 1, 2025, with no limit if the death was a felonious killing. Economic damages are not capped by these sections.
Is there a cap on medical malpractice damages in Colorado?
Yes. Total damages against health care professionals and institutions are generally limited to the greater of $1,000,000 or 125% of the medical wrongful-death non-economic limit, of which only a set amount may be non-economic. The non-economic limit is $415,000 for claims accruing in 2024-2025, and rises for acts or omissions in later years: $530,000 (2026), $645,000 (2027), $760,000 (2028), $875,000 (2029), then adjusted for inflation. For a patient's wrongful death, non-economic damages are capped at $555,000 for acts in 2025, $810,000 for 2026, $1,065,000 for 2027, with further scheduled increases. A court may award additional economic damages above the total cap if applying it would be unfair. The caps do not apply to public health care employees or public institutions covered by the Governmental Immunity Act.
When can you get punitive damages in Colorado?
Called "exemplary damages." They may be awarded when the injury was attended by fraud, malice, or willful and wanton conduct, and must be proved beyond a reasonable doubt. The award generally may not exceed the amount of actual damages, but the court may increase it to up to three times actual damages if the defendant continued or repeated the conduct while the case was pending. A claim for exemplary damages cannot be included in the initial complaint; it may be added only after initial disclosures and a showing of a triable issue.
How do you file an injury claim against the government in Colorado?
Under the Colorado Governmental Immunity Act, a person injured by a public entity or its employee must file a written notice of claim within 182 days after discovering the injury; this is a jurisdictional requirement, and missing it bars the claim. The notice must give the facts, the injury and the amount of damages requested, and is filed with the Attorney General for claims against the State, or with the governing body or attorney of any other public entity. Recovery is capped at $350,000 for one person and $990,000 for two or more people in a single occurrence, with these amounts adjusted for inflation every four years and published by the Secretary of State. A public entity may raise its own limits by resolution.
Is a dog owner liable for a dog bite in Colorado?
A person who suffers serious bodily injury or death from a dog bite while lawfully on public or private property may recover economic damages from the dog's owner, regardless of whether the dog was known to be vicious (strict liability for economic damages). The owner is not liable under this statute if the person was trespassing, was on the owner's property posted with a "no trespassing" or "beware of dog" sign, knowingly provoked the dog, or was a veterinary worker, groomer or trainer at work, among other exceptions. Other claims, such as negligence, are still available.
What is the minimum car insurance required in Colorado?
Required liability coverage is at least $25,000 for injury or death of one person, $50,000 for all persons in one accident, and $15,000 for property damage (25/50/15).
When do you have to report a car accident to the police in Colorado?
A driver in a traffic crash causing injury, serious bodily injury, death, or any property damage must, after stopping and exchanging information, give immediate notice of the crash location and their information to the nearest police authority. If police direct it, the driver must return to and stay at the scene until officers finish their investigation. If the driver is physically unable, another capable occupant must give the notice. Violations are a class 2 misdemeanor traffic offense.
Do you have to report a car accident to the DMV in Colorado?
Colorado's former requirement for drivers to file their own written crash report (C.R.S. § 42-4-1606(2)) was repealed in 2004. Law enforcement officers who are notified of or investigate a crash submit reports to the Department of Revenue on its form, including drivers' insurance information, within 5 days. The department may still require a driver in a reportable crash to file a supplemental report if the original is insufficient.
What are your duties after a car accident in Colorado?
A driver directly involved in a crash causing injury, serious bodily injury, or death must stop at or return to the scene and stay until giving name, address and registration number, showing a license on request, and, where practical, giving reasonable help to the injured, including arranging transport for medical care. In a damage-only crash with an attended vehicle, the driver must stop and exchange the same information; on a divided highway, drivable vehicles should be moved off the traveled lanes to a safe spot first. For an unattended vehicle or property, the driver must find the owner or leave a note, and report the crash. Leaving the scene of an injury crash is a class 1 misdemeanor traffic offense; with serious bodily injury, a class 4 felony; with a death, a class 3 felony; the license is revoked on conviction. Leaving a damage-only crash or an unattended vehicle is a class 2 misdemeanor traffic offense.
Who is responsible if you slip and fall on someone's property in Colorado?
Slip and fall / premises liability: Colorado's Premises Liability Act controls injury claims against a landowner (including an occupant or anyone legally responsible for the property) and sets different duties by the visitor's status, which the judge decides. A trespasser may recover only for damage the landowner caused willfully or deliberately. A licensee (including a social guest) may recover for the landowner's unreasonable failure to use reasonable care about dangers the landowner created and actually knew about, or to warn of unusual dangers it did not create but actually knew about. An invitee (someone there on business, or because the public is invited) may recover for the landowner's unreasonable failure to use reasonable care to protect against dangers the landowner actually knew or should have known about; for agricultural or vacant land, only dangers the landowner actually knew about count.
Can you sue for slipping on ice or snow in Colorado?
Snow and ice on public property: under Colorado's Governmental Immunity Act, the mere existence of snow or ice is not by itself a dangerous condition. A public entity can be liable for a particular dangerous accumulation of snow, ice, sand or gravel on the surface of a covered public road when it failed to use available means to remove or mitigate it after actual notice and a reasonable time to act, and for an accumulation of snow and ice that physically interferes with public access on walks leading to a public building open for business, under the same actual-notice and reasonable-time conditions.
Who is liable if you trip and fall on a sidewalk in Colorado?
Public sidewalks: Colorado public entities are generally immune from tort claims, but immunity is waived for injuries from a dangerous condition of a public highway, road, street or sidewalk within a municipality (on the portion designed for public travel or parking) that physically interferes with the movement of traffic. A dangerous condition is a physical condition the public entity knew about, or with reasonable care should have known about, caused by its negligence in building or maintaining the facility; inadequate design alone does not count. The sections read do not place sidewalk liability on abutting property owners.
How long do you have to file a claim against a city or county in Colorado?
Claims against a city, county or other public entity: a written notice of claim must be filed within 182 days after the injury is discovered; this is a jurisdictional requirement and missing it bars the claim. The notice goes to the governing body of the public entity or its attorney (claims against the state go to the attorney general), by registered or certified mail or personal service, and must state the facts, the injury and the amount of damages requested. A lawsuit cannot be filed until the entity denies the claim or 90 days pass. Recovery is capped by statute at $350,000 for one person and $990,000 per occurrence, amounts the statute adjusts every four years for inflation (the Secretary of State publishes the adjusted figures); the same act covers state and local entities.
Is a landowner liable for injuries on land used for recreation in Colorado?
Landowners who open land for free recreation: a Colorado landowner who invites or permits people to use the property for recreation without charge does not promise the land is safe, does not give users invitee or licensee status, and does not take on liability for injuries they cause. The protection does not apply to willful or malicious failure to guard or warn against a known dangerous condition likely to cause harm, to land where the owner charges for recreational use, to attractive nuisances (with exceptions for water facilities and abandoned mines), or to injuries on land where a commercial enterprise is carried on. Since 2024, an owner who posts a sign with statutory warning text at the primary access point and keeps evidence of it is not treated as willfully failing to warn about known dangers.
Do you have to wear a motorcycle helmet in Colorado?
Motorcycle helmets: in Colorado, drivers and passengers under 18 on a motorcycle, autocycle or low-power scooter must wear a properly secured motorcycle helmet meeting federal standard FMVSS 218; riders 18 and older are not required to. Certain low-speed autocycles with a windshield and seat belts are exempt. A violation is a class A traffic infraction. The section does not address reducing damages.
Is lane splitting legal in Colorado?
Lane splitting and filtering: Colorado generally bans riding a motorcycle between lanes of traffic or between rows of vehicles. Since August 7, 2024, the driver of a two-wheeled motorcycle may pass a stopped vehicle in the same lane (lane filtering) if the vehicles in adjacent same-direction lanes are also stopped, the lanes are wide enough, the motorcycle goes 15 mph or less, and conditions are safe; filtering must stop when traffic starts moving and is not allowed on the right shoulder, to the right of the far-right lane on a non-limited-access highway, or in an opposing lane. This filtering permission is set to be repealed on September 1, 2027.
Who has the right of way, a pedestrian or a driver, in Colorado?
Pedestrian right of way: where traffic signals are not in place or not working, drivers must yield (slowing or stopping) to a pedestrian in a crosswalk who is on the driver's half of the road or approaching closely from the other half, and may not pass a vehicle stopped for a pedestrian at a crosswalk. Pedestrians may not suddenly leave a curb into the path of a vehicle too close to stop, must obey Walk and Don't Walk signals, and drivers must yield to pedestrians who started crossing on Walk. A pedestrian crossing anywhere other than a marked or unmarked crosswalk at an intersection must yield to all vehicles, may not cross between adjacent signal-controlled intersections except in a marked crosswalk, and may not cross diagonally unless signals allow it (a class B traffic infraction).
What are the bicycle laws in Colorado?
Bicycles: a person riding a bicycle, e-bike or electric scooter has the rights and duties of a vehicle driver, subject to special rules and local ordinances. A driver passing a bicyclist must allow at least a three-foot separation (including mirrors) at all times. Riders slower than traffic must use the right-hand lane, riding as far right as the rider judges safe, with exceptions for left turns, passing and hazards; they may ride no more than two abreast and must not impede traffic when doing so. Riders on a sidewalk or crosswalk must yield to pedestrians and give an audible signal before passing them. The sections read do not set a bicycle helmet requirement.
What insurance must Uber and Lyft drivers have in Colorado?
Uber/Lyft insurance: while a transportation network company (TNC) driver is logged into the app but not on a prearranged ride, the driver or the TNC must keep primary auto insurance of at least $50,000 per person and $100,000 per accident for injury and $30,000 for property damage. During a prearranged ride, primary liability insurance of at least $1,000,000 per occurrence is required, and since August 10, 2022 the TNC must also secure uninsured motorist coverage for the driver and riders of at least $200,000 per person and $400,000 per occurrence.
What safety and insurance rules apply to trucks in Colorado?
Commercial trucks: Colorado requires commercial vehicles (generally those over 16,000 pounds used in commerce, apportioned-plate vehicles, tow trucks, and placarded hazmat vehicles) to comply with rules adopted by the chief of the Colorado State Patrol, who must use the U.S. Department of Transportation safety rules as general guidelines, including driver qualifications, hours of service and vehicle inspection, repair and maintenance. Intrastate motor carriers that violate the rules are subject to the federal civil penalties in 49 C.F.R. Part 386, subpart G, with some state limits. Federal minimum insurance for interstate carriers is in 49 C.F.R. 387.9.
Can you sue for a construction accident in Colorado?
Construction injuries: under Colorado's workers' comp law, an employer that has complied with the act, including its insurance requirements, and its insurer are not subject to any other liability for an employee's injury or death, and other remedies are abolished except as the act provides. An injured worker may take workers' comp and also sue a negligent third party not in the same employ (such as another contractor or an equipment maker) for damages beyond the comp benefits, subject to the insurer's subrogation rights.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.