Recent truck accident statistics show that accidents involving large commercial vehicles are a significant problem nationwide, including in Colorado. If you’ve been injured in a truck accident, knowing the deadlines for filing a lawsuit and where to find excellent legal representation can be critical to getting the compensation you deserve.

Colorado Truck Accident Statute of Limitations

The statute of limitations is a law that sets the deadline for filing your truck accident lawsuit in Aurora, CO. If you miss the filing deadline, you could lose your right to take legal action and seek compensation for your injuries and damages.

Under Section 13-80-101 of the Colorado Revised Statutes, plaintiffs (those who file a lawsuit) generally have three years from the date of the accident to file a lawsuit and seek compensation.

However, certain factors, such as the fact that the defendant is a government agency, may reduce the time you have to file the lawsuit. In some rare cases, such as when the plaintiff is incapacitated or a minor, the time limit may be extended.

Colorado Truck Accident Laws

Here are some of the key laws governing truck accident lawsuits in Colorado:

• Who can submit a file? In Colorado, anyone injured in a trucking accident who is less than 50% at fault for the accident can file a lawsuit against the negligent party, such as a drunk driver or the trucking company. This includes drivers, passengers, pedestrians, and others affected by the accident.
• contributory negligence. Colorado follows a modified contributory negligence rule, as set forth in Colorado Revised Statute 13-21-111. Under this rule, if you bear some degree of responsibility for the truck accident, your compensation will be reduced by your share of fault.
• Damage limitation. In Colorado, the cap for noneconomic damages, such as pain and suffering or post-traumatic stress disorder (PTSD), is currently $729,790. In cases where there is clear and convincing evidence justifying a higher amount, that amount rises to $1,459,600. There is no cap for economic damages, such as medical expenses and lost wages.
• Government defendants. If the defendant in your Aurora truck accident lawsuit is a government agency or government employee, they may be immune from being sued under the Colorado Governmental Immunity Act (CGIA). Consider consulting an attorney, as you may still be able to file a personal injury lawsuit, provided you meet certain conditions and filing requirements.

Question of liability in truck accidents in Colorado

Determining fault in a truck accident can be difficult because such accidents can involve multiple parties, including the driver, the trucking company, a truck manufacturer, and others. However, identifying all those responsible is critical to determining who will pay for victims’ damages, including medical expenses, lost wages, and pain and suffering.

Insurance companies and attorneys may review a variety of evidence when determining fault, including traffic violations, police reports, witness statements and expert witness reports. They may also review evidence such as photographs, video recordings and data from the truck’s electronic recording device (ELD).

In Colorado, fault is distributed among the parties involved in a truck accident according to their level of negligence. Under the modified contributory liability rule, you can recover damages if you are less than 50% responsible for the accident. The compensation depends on your level of negligence. For example, if your damages are $100,000 but you are only 30% at fault, you can only recover $70,000.