Recent truck accident statistics show crashes with large commercial vehicles are a significant problem nationwide, including in Colorado. When you’re hurt in a truck accident, knowing the time limit for filing a lawsuit and where to find excellent legal representation can be essential for recovering the compensation you deserve.
Colorado Statute of Limitations for Truck Accident Cases
The statute of limitations is a law that sets the time limit for filing your truck accident lawsuit in Aurora, CO. If you miss the filing deadline, you could lose your right to pursue legal action and recover compensation for your injuries and damages.
According to Colorado Revised Statutes, Section 13-80-101, plaintiffs (those bringing a suit) generally have three years from the date of the accident to file a lawsuit and pursue compensation.
However, certain factors, such as the defendant being a government entity, can shorten the time you have available to file. In some rare cases, such as incapacitation or minority of the plaintiff, the statute may be extended.
Colorado Laws Around Truck Accidents
Here are some of the essential laws covering truck accident lawsuits in Colorado:
- Who can file. In Colorado, any person injured in a truck accident who was less than 50% responsible for the crash can file a lawsuit against the negligent party, such as a drunk driver or trucking company. This includes drivers, passengers, pedestrians and others affected by the accident.
- Comparative negligence. Colorado follows a modified comparative negligence rule as laid out in the Colorado Revised Statute 13-21-111. According to this rule, your compensation is reduced by your percentage of fault if you have some degree of responsibility for the truck accident.
- Damage caps. In Colorado, the cap for noneconomic damages, such as pain and suffering or post-traumatic stress disorder (PTSD), is currently set at $729,790, which rises to $1,459,600 in cases of clear and convincing evidence warranting a higher amount. There are no caps on economic damages, such as medical expenses and lost wages.
- Government defendants. If the defendant in your truck accident lawsuit in Aurora is a government entity or employee, they may be immune from a lawsuit under the Colorado Governmental Immunity Act (CGIA). Consider consulting an attorney, as you may still be able to file a personal injury claim provided you fulfill certain conditions and filing requirements.
Identifying Fault for Truck Accidents in Colorado
Identifying fault for a truck accident can be tricky as such accidents may involve numerous defendants, including the driver, the trucking company, a truck manufacturer and others. However, determining all responsible parties is crucial for establishing who pays for the victims’ damages, including medical expenses, lost wages and pain and suffering.
Insurance companies and attorneys may examine various types of evidence when determining fault, including traffic law violations, police reports, witness statements and expert witness opinions. They may also review evidence such as photos, video footage and data from the truck’s electronic logging device (ELD).
In Colorado, fault is distributed among the parties involved in a truck accident based on their level of negligence. Under the modified comparative negligence rule, you can pursue compensation if you are less than 50% responsible for the crash. Recovery will depend on your degree of fault. For example, if your damages amount to $100,000, but you are 30% at fault, you can recover only $70,000.