Colorado Car Accident Laws
Car accidents in Colorado can be overwhelming, both emotionally and legally. From reporting requirements to liability rules, drivers must navigate a complex web of state-specific laws that determine how responsibility and compensation are handled. At Treviño Law, we believe that knowledge is power. This guide breaks down the most important aspects of Colorado car accident laws so you can protect your rights and make informed decisions after a crash.
Colorado is a Fault-Based State
Unlike “no-fault” states, Colorado follows a traditional fault-based system. This means that the driver responsible for causing an accident is financially liable for the damages. Typically, their insurance company pays for injuries, vehicle repairs, and other losses up to policy limits. This framework gives injured victims the right to pursue compensation directly from the at-fault driver through an insurance claim or personal injury lawsuit. For more context, see Colorado Car Accident Laws from Nolo.
Mandatory Insurance Requirements in Colorado
Colorado requires all drivers to carry minimum liability insurance coverage. According to the Colorado Division of Insurance, the state minimums are:
- $25,000 for bodily injury or death per person
- $50,000 for bodily injury or death per accident
- $15,000 for property damage per accident
Drivers can purchase higher limits for additional protection. For businesses or individuals with large fleets, Colorado also allows qualifying parties to become self-insured if they can demonstrate financial ability to cover accident costs.
What to Do Immediately After a Car Accident
Colorado law imposes strict requirements on drivers involved in accidents. Under the Colorado Revised Statutes Title 42, any driver involved in an accident resulting in injury, serious bodily injury, or death must:
- Immediately stop at or return to the scene of the accident
- Remain at the scene until they have exchanged information and fulfilled legal requirements
- Avoid obstructing traffic more than necessary while stopping
Failing to comply can lead to serious criminal charges, ranging from a misdemeanor to a felony, depending on the severity of injuries involved. Additionally, Colorado law requires drivers to report accidents that result in injury, death, or property damage to local law enforcement.
Statute of Limitations for Car Accident Lawsuits
Time is critical after a car accident. In Colorado, most personal injury lawsuits related to car accidents must be filed within three years from the date of the accident. This deadline is set out in Colorado Revised Statutes section 13-80-101. Wrongful death claims, however, generally have a two-year statute of limitations starting from the date of death. Missing these deadlines almost always results in the court dismissing the case, no matter how strong the evidence is.
Comparative Negligence in Colorado
In many accidents, more than one driver may share fault. Colorado uses a modified comparative negligence rule. This means you can still recover damages if you were partly at fault, as long as your percentage of fault is less than 50 percent. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20 percent responsible for an accident and your damages total $100,000, you can recover $80,000. If your fault reaches 50 percent or more, you cannot recover any damages.
Compensation Available in Colorado Car Accident Cases
Victims of car accidents may be entitled to recover damages for a wide range of losses, including:
- Medical expenses for immediate and long-term care
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Wrongful death damages for surviving family members
Because insurance companies often attempt to minimize payouts, having an experienced car accident lawyer can make a significant difference in the outcome of your case.
When You Must Report a Car Accident in Colorado
Even minor accidents often require reporting. According to Colorado Revised Statutes section 42-4-1606, a driver must report any crash that causes injury, death, or property damage to law enforcement. In most cases, if police respond to the scene, they will handle the report. If not, the responsibility falls on the drivers involved.
Why Legal Representation Matters
Navigating Colorado car accident laws can be challenging, especially when dealing with insurance adjusters and legal deadlines. An attorney can investigate the accident, gather critical evidence, negotiate with insurers, and fight for maximum compensation in court if needed. At Treviño Law, we leverage deep knowledge of both plaintiff and defense strategies to level the playing field for our clients.
About the Lawyer
Jaime Treviño is the founding attorney of Treviño Law and a fierce advocate for the injured. His legal career began on the defense side, representing large insurance companies. After witnessing firsthand the devastating impact of catastrophic injuries, Jaime shifted his practice to fight for victims. Today, with offices in both Texas and Colorado, he brings unmatched courtroom skill and compassion to every case. He is a lifetime member of the Multi-Million Dollar Advocates Forum and an active member of the Colorado Trial Lawyers Association. If you have been injured in a Colorado car accident, Jaime Treviño is ready to stand by your side.