Over 100,000 motor vehicle crashes occur in Colorado every year, many resulting in serious injuries, long-term disabilities, and emotional trauma. For most victims, the accident itself is just the beginning of a much longer battle: dealing with medical bills, lost income, and ongoing pain or psychological stress.
Colorado follows a fault-based tort system, meaning if someone else was responsible for your crash, you have the right to seek financial compensation, not just through insurance, but through a personal injury claim. This allows you to recover both economic damages (such as treatment costs and lost wages) and non-economic damages (including pain, suffering, and emotional distress).
But the success of your case depends on what kind of injury you suffered, how it has affected your life, and how well that impact is proven through evidence and legal strategy.
This blog breaks down the most common types of car accident injuries in Colorado and what they mean for your legal rights.
If you’re feeling overwhelmed or unsure about what steps to take, Debbie Taussig Law is here to support you. Our team is dedicated to helping people like you recover the full compensation you deserve, so you can focus on healing while they take care of the legal side.
Essential Legal Standards Every Colorado Injury Victim Should Understand
Before filing a personal injury claim in Colorado, it’s essential to understand the legal standards that can make or break your case. Here’s what you need to know.
-
Negligence Standard in Colorado
Under Colorado law, a successful personal injury claim requires proving four core elements of negligence:
- Duty: The defendant owed a legal obligation to act with reasonable care. As drivers, everyone must operate their vehicles safely to prevent harm to others.
- Breach: The defendant failed to fulfill their duty, e.g., speeding, running a red light, texting while driving, etc. The breach is judged by the “reasonable person”, as outlined in the standard. In Kendrick v. Pippin, the court affirmed that when the road was icy, the driver had a duty to adjust her speed accordingly. Failure to do so, simply following the speed limit regardless of the conditions, can be considered a breach of that duty.
- Causation: The breach directly caused the harm. Colorado applies the “but-for” test: but for the defendant’s mistake, the injury wouldn’t have occurred.
- Damages: The plaintiff suffered actual losses (medical bills, lost income, and pain and suffering) that are legally compensable under the law.
Each element must be supported by a preponderance of evidence, meaning it’s more likely than not true.
-
Comparative Fault Rule
Colorado follows a modified comparative negligence approach with a critical 50% bar ratio. If the plaintiff is found to be less than 50% at fault, they can recover damages; their percentage of fault reduces the total amount of damages. If the plaintiff is found 50% or more at fault, they cannot recover any compensation.
Comparative negligence is an affirmative defense. In White v. Hansen (1992), the Colorado Supreme Court confirmed that if your share of fault equals or exceeds the other party’s, you’re legally blocked from recovering any compensation, even punitive damages, for negligence.
-
Statute of Limitations: Timing Your Claim
Under C.R.S. § 13‑80‑101(1)(n), most car accident injury claims in Colorado must be filed within three years from the date of the accident. Missed deadlines often lead to mandatory dismissal, with courts denying any compensation. Special situations require extra legal attention; consult an attorney early to navigate complexities like minors, governmental defendants, or delayed symptoms.
Understanding the Most Common Injuries After a Car Accident
These are the most common types of car injuries reported in Colorado car accident cases.
-
Whiplash & Neck Injuries
Whiplash and neck injuries are among the most common outcomes of rear-end collisions. These injuries occur when the head is suddenly jerked backward and then forward, straining the soft tissues in the neck and upper back.
Whiplash is considered a soft tissue injury, and although it may not be visible on X-rays or scans, it can cause persistent pain, stiffness, reduced range of motion, headaches, and even cognitive issues, such as difficulty concentrating.
In Colorado, these injuries can be challenging to claim because they rely heavily on the plaintiff’s subjective reports. Therefore, thorough documentation, such as chiropractic evaluations, physical therapy records, or MRI results, is essential to substantiate claims.
-
Concussion & Traumatic Brain Injuries (TBI)
Traumatic brain injuries (TBIs), including concussions, often occur in car crashes where there is a violent jolt or direct impact to the head. Even in the absence of a skull fracture, the brain can collide with the inner walls of the skull, leading to bruising, swelling, or bleeding.
Concussions may seem minor initially, but can develop into serious complications like memory loss, dizziness, emotional instability, and chronic fatigue.
In Colorado, TBIs are considered serious injuries and often form the basis of high-value personal injury claims due to their long-term effects. In Walker v. Ford Motor Co., a jury awarded nearly $2.9 million (twice) for TBIs sustained in a rear-end collision, reflecting the long-term effects these injuries can inflict.
Medical imaging (like CT or MRI scans), neurology consultations, and therapy records are important to establish the extent of the damage.
-
Spinal Cord & Back Injuries
Spinal cord injuries can result from high-impact collisions, particularly those involving rollovers, T-bone crashes, or forceful frontal impacts. These injuries may include herniated discs, fractured vertebrae, spinal stenosis, or even partial or complete paralysis in severe cases. Such injuries often lead to chronic pain, mobility limitations, or a complete lifestyle shift.
In Colorado, spinal injuries are treated with utmost seriousness due to their potential to cause long-term or permanent disability. Proving the severity of a spinal injury requires imaging (MRI, CT scans), specialist evaluations, surgical reports, and ongoing physical therapy documentation.
The non-economic toll, such as the inability to enjoy life, loss of intimacy, or mental health struggles, is also compensable under Colorado’s injury law. However, it may be subject to statutory caps unless clear and convincing evidence justifies exceeding those limits.
-
Fractures & Broken Bones
Bone fractures are frequently sustained in car accidents due to direct force from steering wheels, airbag deployment, or the crushing effect of the car structure. Commonly broken bones include ribs, arms, legs, facial bones, and pelvis.
While these injuries are visible and easier to diagnose with X-rays, they still require comprehensive treatment that may involve surgery, hardware implantation, physical therapy, and temporary or permanent disability.
In Colorado, these injuries are relatively straightforward to claim, as they fall under clearly defined economic damages: medical bills, lost wages, and potential future income loss. However, complications such as delayed union or infection can complicate recovery and increase the compensation value. Proper medical records, prognosis reports, and employment documentation are crucial in supporting a strong claim.
-
Internal Injuries (Organ Damage, Internal Bleeding)
Internal injuries, including organ damage or internal bleeding, often result from blunt-force trauma during car crashes. These injuries may not be immediately apparent but can be life-threatening if not diagnosed and treated quickly.
Commonly affected organs include the liver, spleen, lungs, and kidneys. Injuries may arise from seatbelt compression, dashboard impact, or rib fractures puncturing internal tissues.
In Colorado, the legal challenge in internal injury claims lies in proving that the injury directly resulted from the crash, especially if symptoms were delayed. Medical documentation from ER visits, imaging studies, and surgical procedures is critical. These injuries often require prolonged hospitalization and monitoring, leading to high medical expenses and time away from work.
-
Soft Tissue Injuries (Bruises, Strains, Sprains)
Soft tissue injuries refer to damage to muscles, ligaments, and tendons. They are common in low- to moderate-speed collisions where no fractures occur, but forceful jarring leads to sprains (ligament damage), strains (muscle or tendon damage), or bruising.
These injuries may not be visible on imaging tests but can cause considerable pain, inflammation, swelling, and limit mobility.
In Colorado, soft tissue injuries are often undervalued by insurance adjusters due to the lack of “hard” medical evidence, such as X-rays or CT scans. Nevertheless, they are valid and compensable under personal injury law.
Documenting these injuries through consistent medical visits, physical therapy logs, and physician evaluations is essential. Victims can seek compensation for treatment costs, missed workdays, and the pain or discomfort endured during recovery.
-
Psychological & Emotional Injuries (PTSD, Anxiety, Depression)
Psychological injuries can be just as debilitating as physical ones. Car accidents, especially those involving serious injury, fatalities, or traumatic imagery, can cause PTSD, anxiety, depression, and other emotional disorders.
Victims may experience nightmares, flashbacks, phobias (e.g., fear of driving), or social withdrawal. In Colorado, emotional distress is recognized as a non-economic damage category under personal injury law. However, these claims require a higher burden of proof. It is not enough to say one “felt stressed”; a formal diagnosis from a psychologist or psychiatrist, treatment records, and therapy notes are required to establish a legitimate claim.
In Towns v. Anderson, the Colorado Supreme Court held that emotional distress without physical injury can be compensable if it’s severe and accident-related. This case established a legal basis for claims involving PTSD, anxiety, or depression after a crash. However, Colorado permits recovery for NIED without impact if the distress is severe and manifests physically.
Legal Implications of Common Car Crash Injuries
Here’s how Colorado law treats each injury type when it comes to proving damages and securing recovery.
Economic damages refer to actual, out-of-pocket financial losses that result from a car accident injury. This includes all medical expenses, such as hospital bills, surgeries, medications, physical therapy, and future care needs if ongoing treatment is expected.
It also covers lost income due to missed work and loss of future earning capacity if the injury affects the victim’s ability to earn in the future.
Colorado law does not place a cap on the amount of economic damages that a victim can recover. This means that if the expenses are supported by proper documentation (like invoices, medical reports, and wage statements), the injured person is entitled to receive full compensation for those financial losses, regardless of the amount.
Non-economic damages include the intangible losses a person suffers due to an injury. These include physical pain, mental suffering, emotional distress, loss of enjoyment of life, and impact on relationships (also called loss of consortium).
Under C.R.S. § 13‑21‑102.5, the cap on damages applies only to non-economic losses. These caps are adjusted every two years for inflation. Courts apply these limits regardless of the severity of the injury, unless the injury involves permanent disability, disfigurement, or death, which may qualify for additional damages beyond the cap in some cases.
-
Punitive Damages
Under C.R.S. § 13‑21‑102, they are available only when you prove by clear and convincing evidence that the defendant acted willfully and wantonly, with reckless disregard for safety, such as drunk driving or hitting and fleeing the scene.
These damages are capped at the amount of compensatory damages, but the court may increase them up to three times that amount if the defendant’s misconduct continued during litigation or was further aggravated.
-
Insurance Claims
Colorado law requires all drivers to carry a minimum liability insurance policy: $25,000 per person and $50,000 per accident for bodily injury, plus $15,000 for property damage. In addition, insurers must offer, but drivers may opt out of two key optional coverages:
Uninsured/Underinsured Motorist (UM/UIM) Coverage protects you when the at-fault driver has inadequate or no insurance, or is a hit-and-run driver. Your UM/UIM benefits step in to cover what the responsible party’s insurance cannot. Under C.R.S. § 10‑4‑609, insurers must offer this, and you can “stack” coverage across separate policies; however, anti-stacking provisions may limit stacking within a single multiple vehicle policy. Notably, Colorado prohibits insurers from offsetting their UM/UIM obligations by the at-fault driver’s payments or by MedPay, affirmed in Calderon v. American Family, 2016 CO 72. In that case, the Colorado Supreme Court held that UM/UIM compensation you earn cannot be reduced by a MedPay payout.
-
Hit-and-Run Considerations
In Colorado hit-and-run cases, victims may recover compensation through their Uninsured Motorist (UM) coverage, as the law treats the unknown driver as uninsured. To qualify, you must prove the crash occurred and that you took reasonable steps to identify the driver, such as filing a police report and seeking medical care. Without timely documentation, insurers may deny the claim, making prompt legal action critical.
-
Comparative Negligence
Colorado follows a modified comparative negligence rule as outlined in C.R.S. § 13-21-111. This means that if the injured person shares some responsibility for the accident, their compensation is reduced by the percentage of fault attributed to them.
However, if the injured person is found to be 50% or more at fault, they are not entitled to any compensation. This rule promotes fairness but requires gathering strong evidence to demonstrate that the other party was primarily responsible for the accident. Insurance companies often try to shift blame to reduce payouts, so it’s essential to have proper legal representation to counter these strategies and ensure that fault is accurately determined.
Legal Process & Strategy: What You Should Do After a Car Accident in Colorado
If you’ve been in a car accident in Colorado,
- The first step is to seek immediate medical attention. Some injuries, like whiplash or internal trauma, may not appear right away, and medical records will be critical if you file a claim.
- Colorado law also requires you to file a police report for any crash involving injury or property damage over $1,000, so be sure to request a copy.
- Gather as much evidence as possible: take photos, speak to witnesses, and preserve all paperwork: medical bills, repair estimates, and insurance correspondence. These details help build a strong case.
- It’s also essential to speak with a personal injury lawyer early, especially if your injuries are serious.
You don’t have to navigate the legal process alone. Once you’ve taken these initial steps, the next best move is to connect with an experienced legal team that understands Colorado’s personal injury laws inside and out.
At Debbie Taussig Law, we’re here to take the pressure off your shoulders, handling negotiations, building your case, and advocating for the full compensation you deserve.
Injured in a Crash? Talk to a Colorado Injury Lawyer Today
A serious car accident can leave you overwhelmed. You may be unable to work, struggling to heal physically while dealing with emotional distress.
And while you’re trying to recover, insurance companies are working behind the scenes to protect their bottom line, not your best interests.
This is where experienced legal representation makes all the difference.
At Debbie Taussig Law, we understand the full impact of injuries like spinal trauma, brain damage, or long-term disability, and we fight to make sure your compensation reflects that. Our team collaborates closely with medical professionals, life care planners, and expert witnesses to develop a comprehensive case that accurately reflects your current and future needs.
Whether your injury was caused by a car, truck, bike, or pedestrian accident, you deserve to be heard, protected, and fully compensated.
