Truck Accident Claims 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.

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.

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.

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.