How long do I have to file a truck accident lawsuit in Colorado?

Claims arising from the use or operation of a motor vehicle, including semi-truck and tractor-trailer crashes, generally must be filed within three years. If a government entity may share fault, written notice is required within 182 days, a far shorter window. The practical deadline is often sooner than the legal one, because critical carrier records can be destroyed on routine schedules within months of the crash.

Who do I sue after a semi-truck accident, the driver or the company?

Often both, and frequently others. The motor carrier is generally responsible for its driver's on-the-job negligence, and it can also be directly liable for its own failures in hiring, training, scheduling, or maintenance. Shippers, cargo loaders, maintenance contractors, and brokers can share responsibility depending on the facts. Identifying every liable party matters because it determines the insurance available to pay the claim.

Are truck drivers held to different standards than other drivers?

Yes. Commercial drivers must hold a CDL, follow federal hours-of-service limits, submit to drug and alcohol testing, and operate under a stricter impairment threshold of 0.04 percent blood alcohol, half the limit for other drivers. Their employers must inspect and maintain vehicles under federal rules. Violations of these standards are often central to proving a truck accident claim.

The trucking company's insurer already offered me a settlement. Should I take it?

Be cautious with any early offer. Quick settlements are typically made before the full extent of your injuries and future costs is known, and accepting one ends your claim permanently, even if your condition worsens. Before signing anything, it is worth having an attorney review the offer against the actual long-term cost of your injuries. Elkus & Sisson offers a free consultation for exactly that purpose.

What is my truck accident claim worth?

There is no fixed formula, but truck claims are often worth more than car crash claims for two reasons: the injuries tend to be more severe, and there is usually more insurance available because federal law requires carriers to hold higher coverage. Your claim generally reflects your economic losses, which Colorado does not cap, plus noneconomic losses like pain and suffering, which are capped for most injury claims filed on or after January 1, 2025. Shared fault reduces recovery, which is why the insurer's version of events should never go unchallenged. Documenting the full long-term cost is what protects the value of the claim.

What evidence should be preserved after an 18-wheeler crash?

The most important records belong to the carrier: electronic logging device data, engine control module data, driver qualification files, drug and alcohol test results, inspection and maintenance records, dispatch records, and any dashcam footage. On your side, keep photos from the scene, witness contact information, medical records, and all correspondence from insurers. A preservation letter from an attorney puts the carrier on legal notice not to destroy its records.

Colorado Motorcycle Accident Lawyer

A motorcycle accident can change your life in an instant. Without the protection a car provides, even a low-speed crash can leave you with serious injuries, a damaged or totaled bike, and an insurance company that is already looking for reasons to pay you less. Riders often face an unfair assumption before the facts are even known: that they must have been reckless. The facts of your crash, not that assumption, should decide what happens next.

Elkus & Sisson, P.C. represents injured motorcyclists and passengers in personal injury claims across Colorado. We evaluate liability, counter bias against riders, and pursue the compensation you may be owed through negotiation or litigation as Colorado personal injury attorneys.

How Liability Works After a Motorcycle Accident in Colorado

Colorado is an at-fault state, meaning the driver whose negligence caused the crash is financially responsible for the harm you suffered. Most motorcycle accidents happen for the same reasons car accidents do: a distracted driver, an unsafe lane change, or a driver who simply failed to see the motorcycle in time. Fault is decided under Colorado’s modified comparative negligence law, C.R.S. § 13-21-111^[1], the same statute that governs car and truck claims.

Under this law, you can still recover damages as long as your own share of fault is less than 50 percent, with your recovery reduced by that percentage. If you are found 50 percent or more at fault, you recover nothing. Because riders are often unfairly assumed to be at fault before any investigation happens, establishing exactly what happened through police reports, witness statements, photographs, and the damage pattern on both vehicles matters more in motorcycle claims than in almost any other type of crash.

Colorado wage and hour law materials, employee pay statement, calculator, and payroll documents on a legal office desk.

Liability can also extend beyond the other driver. Depending on the facts, your claim may involve a vehicle owner who was not driving, an employer whose employee was on the job at the time of the crash, or a government entity responsible for a hazardous roadway.

Helmet Use, Rider Bias, and Your Claim

Colorado’s Motor Vehicle Financial Responsibility Law^[4] requires drivers to carry liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury, and $15,000 for property damage.^[3] Uninsured and underinsured motorist (UM/UIM) coverage must be offered at the same limits and is included automatically unless a driver rejects it in writing.

These minimums often fall short if you are seriously hurt, and the at-fault driver’s insurer has its own interest in limiting what it pays. Recorded statements, quick settlement offers, and requests for broad medical authorizations are common early tactics. You are not required to accept the first offer, give a recorded statement, or sign a broad release before you understand what your claim may be worth.

If the at-fault driver is uninsured, underinsured, or fled the scene, your claim may instead proceed against your own UM/UIM coverage, which involves a different process and its own notice requirements under your policy.

Filing an Insurance Claim After a Motorcycle Accident

Colorado’s Motor Vehicle Financial Responsibility Law^[3] requires the same minimum liability coverage for motorcycles as for cars: at least $25,000 per person and $50,000 per accident for bodily injury, and $15,000 for property damage. Uninsured and underinsured motorist (UM/UIM) coverage must be offered at the same limits and is included automatically unless you rejected it in writing.

These minimums are often not enough when a motorcycle crash causes serious injuries, since the cost of treating a rider’s injuries can quickly outpace the at-fault driver’s coverage. This is one reason UM/UIM coverage matters more for motorcyclists than for many drivers. You are not required to accept the first settlement offer, give a recorded statement, or sign a broad medical release before you understand what your claim may be worth.

Common Injuries in Motorcycle Accidents

Because a motorcycle offers little protection compared to a car, injuries tend to be more severe. Frequently seen injuries include:

Road rash and severe skin abrasions
Fractures, especially to the legs, arms, and pelvis
Traumatic brain injuries and concussions
Spinal cord injuries, including paralysis in severe cases
Internal injuries from impact with a vehicle or the road
Amputation or degloving injuries in high-speed crashes

Some injuries, particularly concussions and internal injuries, do not fully present right away, which is one reason prompt medical evaluation matters, both for your health and for the medical record supporting your claim.

Not every crash fits the same pattern. If a passenger vehicle rather than a large truck was involved, our Colorado car accident lawyer page covers additional detail on how fault and insurance claims work in those cases. If a large truck or commercial vehicle caused your accident, our Colorado truck accident lawyer page covers the additional liability issues those cases involve, including carrier responsibility and hours-of-service violations.

Damages You May Be Able to Recover

Colorado law allows you to seek both economic and non-economic damages. In an ordinary negligence claim against a private defendant, economic losses such as medical expenses, future treatment, lost income, reduced earning capacity, and property damage are not subject to Colorado’s general noneconomic-damages cap. Separate limits may apply when a public entity or employee is legally responsible.

Non-economic damages address harm that is real but not tied to a specific bill, such as pain and suffering and loss of enjoyment of life. For covered personal injury claims that accrued on or after January 1, 2025, Colorado generally caps non-economic damages at $1.5 million under C.R.S. § 13-21-102.5(3)(a)(II), as amended by HB24-1472.^[5] Different limits apply to wrongful death, medical malpractice, and claims involving public entities or employees. The $1.5 million cap is scheduled to adjust for inflation starting January 1, 2028.

Representing Injured Riders Across the Denver Metro Area

Elkus & Sisson, P.C. is based in Greenwood Village and represents clients throughout the Denver metro area and along the Front Range, including Denver, Aurora, Centennial, Englewood, Highlands Ranch, Littleton, Lone Tree, Cherry Hills Village, Lakewood, and Boulder. Whether your accident happened on a mountain canyon road, a Front Range highway, or a city street, the same core issues apply: establishing fault, countering bias against riders, and valuing your claim accurately.

Statute of Limitations for Motorcycle Accident Claims in Colorado

Colorado gives you three years from the date of your accident to file a lawsuit for bodily injury or property damage arising from a motor vehicle crash, C.R.S. § 13-80-101(1)(n)^[2], the same deadline that applies to car and truck accidents. Missing this deadline can permanently bar your claim, regardless of how strong the underlying facts are.

A shorter deadline applies if a government entity may be a defendant, such as a crash caused by a dangerous road condition or a government-owned vehicle. In that situation, you generally must file a written notice of claim within 182 days under the Colorado Governmental Immunity Act (CGIA), well before the three-year deadline would otherwise run.

Special limitations rules apply when the injured person is a minor. If a legal representative is appointed before the minor turns 18, the representative generally has until the later of the ordinarily applicable deadline or two years after the appointment to bring the claim. If no representative is appointed, the deadline may depend on when the minor turns 18 in relation to the ordinary limitation period. The deadline should be calculated under C.R.S. § 13-81-103^[7] based on the specific facts.^[8]

What to Know Before You Talk to the Insurance Company

Understanding these basics helps you protect your claim in the days right after a crash, without needing to become an expert in Colorado tort law overnight.

Helmet use is not a legal presumption of fault. Colorado requires motorcycle riders and passengers under 18 to wear protective helmets. Adults are not legally required to wear one. Colorado courts have held that an adult rider’s failure to wear a helmet cannot be used to establish negligence or reduce damages.^[6] An insurer may nevertheless raise helmet use during claim negotiations, but that is a claims-handling position rather than a rule establishing legal fault.

Bias against riders is common, but it is not evidence. Adjusters and even jurors can carry assumptions about motorcyclists that have nothing to do with how a specific crash happened. Documentation is what overcomes that.

Minimum coverage is often not enough. Colorado’s required liability minimums may not cover a serious injury, which is why confirming the at-fault driver’s actual policy limits and reviewing your own UM/UIM coverage matters early.

Frequently Asked Questions

Does not wearing a helmet hurt my motorcycle accident claim in Colorado?

Colorado requires motorcycle riders and passengers under 18 to wear protective helmets. Adults are not legally required to wear one. Colorado courts have held that an adult rider’s failure to wear a helmet cannot be used to establish negligence or reduce damages. An insurer may nevertheless raise helmet use during claim negotiations, but that is a claims-handling position rather than a rule establishing legal fault.

What should I do immediately after a motorcycle accident?

Get to a safe location if you can, call 911 if anyone is hurt, and get medical attention even if you feel functional, since adrenaline can mask serious injuries. Take photos of the scene, both vehicles, your gear, and any visible injuries, and get the other driver’s insurance information and contact information for any witnesses. Be cautious about giving a detailed recorded statement to the other driver’s insurer before you understand the extent of your injuries.

How long do I have to file a motorcycle accident claim in Colorado?

You generally have three years from the date of the crash to file a lawsuit for bodily injury or property damage arising from a motorcycle accident, the same deadline that applies to car and truck accidents. That deadline can be shorter if a government entity may be responsible, since those claims require formal notice within a matter of months. Confirming your specific deadline early is worth doing rather than assuming the standard three years applies.

Why do insurance companies treat motorcycle claims differently?

Insurers know that jurors and adjusters alike sometimes carry an unspoken assumption that motorcyclists are reckless, and they lean on that bias to argue for reduced or denied claims. In practice, most motorcycle crashes are caused by the same things that cause car crashes: distracted or inattentive drivers, unsafe lane changes, and drivers who simply do not see the motorcycle in time. The facts of the crash, not a stereotype about riders, should decide fault.

What if I was partially at fault for the accident?

You can still recover damages as long as you were less than 50 percent at fault, with your recovery reduced by your own percentage of fault. If you are found 50 percent or more at fault, you cannot recover damages. Because insurers often try to shift as much fault as possible onto the rider, how the accident is documented and investigated can meaningfully affect the outcome.

How much is my motorcycle accident claim worth?

There is no fixed formula. Your claim generally reflects the severity of your injuries, the medical treatment you require, your lost income, damage to your motorcycle and gear, available insurance coverage, and how clearly fault can be established. Motorcycle injuries are often more severe than car accident injuries because riders have far less protection, which can mean higher medical costs relative to the at-fault driver’s available coverage. A realistic estimate requires reviewing your specific medical records, bills, and insurance policies rather than relying on a general average.

Talk With a Colorado Motorcycle Accident Lawyer

Motorcycle accident claims often turn on overcoming bias against riders and documenting the crash before evidence disappears. Understanding your rights before you speak with an adjuster can make a meaningful difference in what your claim is ultimately worth. From its Greenwood Village office, Elkus & Sisson, P.C. represents injured riders across Denver, Greenwood Village, Lakewood, Aurora, and Boulder in personal injury matters including motorcycle accident claims, insurance claim disputes, and injury claims.

If you have questions about your motorcycle accident claim in Colorado, contact us or call +1 303-567-7981 to schedule a confidential consultation.

Donald Sisson

Donald Sisson is an accomplished lead counsel in Denver, CO with many successful outcomes in various areas of practice including complex civil litigation, construction law, real estate litigation, corporate disputes, personal injury, and police defense…

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Reid Elkus

Reid Elkus’ representation of his clients ranges from individual and small businesses to very large corporations in several areas of the law. Having litigated a vast array of cases in matters including complex security cases, breach of contract, breach of partnership matters…

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Schedule a Consultation with a Colorado Motorcycle Accident Attorney

If you or a loved one was injured in a motorcycle accident anywhere in Colorado, contact Elkus & Sisson, P.C., today to schedule a consultation. Our Colorado motorcycle accident attorneys will evaluate what happened, counter any bias against riders, and help you understand what your claim may be worth.