Category: Denver Personal Injury Attorney

New Colorado commercial vehicle legislation impacts personal injury claims by introducing stricter regulations and accountability measures for commercial drivers and their employers. As a result, when representing crash victims, our Denver commercial vehicle crash and injury attorneys may refer to these new laws to establish negligence if the commercial driver or company fails to comply with these regulations.

This can lead to more robust commercial vehicle accident and injury claims, ensuring our clients receive the support and compensation needed to cover medical expenses, lost wages, and other damages resulting from a crash. Here are the latest Colorado commercial vehicle legislation changes, effective August 2024.

Colorado House Bill 24-1135: Offenses Related to Operating a Commercial Vehicle

Under existing law, operating a commercial motor vehicle without a commercial driver’s license, operating a commercial motor vehicle if the operator is under the age of 21, or driving a commercial motor vehicle if the person has more than one driver’s license is a class A traffic infraction. HB24-1135 makes each a class 1 misdemeanor, except if a person presents a valid commercial driver’s license to the court within 30 days.

The act also creates a new offense for motor carriers and employers who allow such individuals to operate a commercial motor vehicle. If an employer, officer, or agent knows or reasonable should know that a driver is under the age of 21 or does not have a valid commercial driver’s license, they can be charged with unlawful direction to operate a commercial motor vehicle, which is a class 1 misdemeanor traffic offence. This new offense will hold companies who put commercial vehicles on Colorado roads accountable for ensuring they only allow properly licensed drivers behind the wheel of these larger vehicles that can cause catastrophic injuries to Colorado citizens when they are involved in a crash.

Colorado Senate Bill 24-100: Commercial Vehicle Highway Safety Measures

Senate Bill 24-100 significantly changes Colorado’s commercial vehicle highway safety measures.

Section 1 of the act changes the geographic locations where the Colorado Department of Transportation has authority to require specific traction-enhancing equipment for any commercial vehicle with a declared gross vehicle weight rating of 16,001 pounds or more from September 1 through May 31 of each year during any conditions that exist on the highway to the following corridors located on the western slope:

• Interstate Highway 70 (I-70) west of milepost 259 (Morrison).
• Colorado State Highway 9 from milepost 63 to 97 (Frisco to Fairplay).
• S. Route 40 west of milepost 256 (Empire).
• S. Route 50 west of milepost 225 (Salida).
• S. Route 160 west of milepost 304 (Walsenburg).
• S. Route 285 west of milepost 250 (Morrison).
• S. Route 550 from milepost 0 to 130.

Section 2 allows the department to establish heightened speed limit enforcement zones (zone) within public highways in Glenwood Canyon on I-70 eastbound from milepost 116.0 to milepost 131.0 and westbound from milepost 118.5 to milepost 131.0 where there are safety concerns related to commercial motor vehicle drivers exceeding the posted speed limits. If the department establishes a zone, the department must erect signs identifying the zone and notifying commercial motor vehicle drivers that increased fines are assessed for speeding in the zone.

Section 3 makes it a traffic offense for any commercial vehicle to be driving in the farthest left lane on I-70 between milepost 115.5 and milepost 131.0 (Glenwood Springs), between milepost 169.5 and milepost 173.0 (Dowd junction), between milepost 180.0 and milepost 190.5 (Vail pass), between milepost 205.5 and milepost 221.0 (Eisenhower-Johnson tunnel), between milepost 224.0 and milepost 228.5 (Georgetown hill), and between milepost 243.0 and milepost 247.0 (Floyd hill) during all conditions on that highway except to pass a vehicle driving under the posted speed limit safely.

Section 4 subjects a commercial motor vehicle driver who commits a speeding violation in a zone to double fines and surcharges except when a commercial motor vehicle commits the violation within a highway maintenance, repair, or construction zone and is already subject to an increased penalty and surcharge.

Section 5 ensures that a port of entry officer has all the powers of a peace officer when enforcing highway closures and the state’s winter traction device law.

Section 6 requires the department’s freight mobility and safety branch to study potential additional locations of chain-up and chain-down stations and to study what appropriate technology could be added to existing chain-up and chain-down stations to improve safety and mobility. The study must identify existing barriers to building new chain-up and chain-down stations, examine the economic and safety impacts of commercial motor vehicle incidents and closures during inclement weather events, and examine commercial motor vehicle parking locations on I-70.

Section 7 allows the fuels impact reduction grant program to fund a study on the feasibility of new chain-up and chain-down stations. EFFECTIVE August 7, 2024

The Colorado Legislature enacted these new restrictions with the goal of improving safety on high-risk highways with a history of serious and catastrophic crashes caused by commercial truck drivers failing to drive at safe speeds or to utilize chains during inclement weather.

Contact Our Skilled Personal Injury Lawyer Today

While we hope you never need us, if you or someone you love has been injured in a crash caused by a commercial truck in Colorado, contact our skilled personal injury lawyers in Denver at Donaldson Law, LLC by calling (720) 487-1354 or contact us online to schedule a free, confidential consultation to discuss your case.

At Donaldson Law, LLC, our Denver personal injury attorneys represent clients throughout Colorado—including individuals who have been hurt and families who have lost their loved ones to negligence.

As proud Colorado Trial Lawyers Association (CTLA) members, we are pleased to announce that our state legislature has passed a bill significantly increasing the caps on damages for injured parties and families.

CTLA has reached a legislative agreement with COPIC, the Colorado Chamber of Commerce, and the general liability insurers to address the egregiously low caps on noneconomic damages in Colorado’s law. The agreement is a giant step forward to restore justice and power, giving every citizen a voice against corporations and powerful entities.

How the Colorado House Bill Brings Justice for Injury Victims and Families

House Bill 24-1472 – Raise Damage Limit Tort Actions, will be signed into law by the Colorado Governor. Here, we discuss what that means when addressing general liability and medical malpractice cases involving wrongful death and catastrophic injury and how it vastly enhances both caps to allow for injured Coloradans and their families to recover noneconomic damages.

General Liability: Non-Economic Damage Caps

• Increase non-economic damages cap to $1,500,000 on January 1, 2025.
• The new cap applies to claims filed on or after January 1, 2025, and before January 1, 2026, or any claim for relief that accrues on or after January 1, 2025.
• Inflations adjustment on January 1, 2028, calculated from 2025.
• Cap adjusts every two years after that on January 1 and applies to claims that accrue on or after the adjustment date.

Wrongful Death Damage Caps

• Increase wrongful death cap to $2,125,000 on January 1, 2025. (The previous cap for wrongful death cases was $300,000.)
• The new cap applies to claims filed on or after January 1, 2025, and before January 1, 2026, or any claim for relief that accrues on or after January 1, 2025.
• Inflations adjustment on January 1, 2028, calculated from 2025.
• Cap adjusts every two years after that on January 1 and applies to claims that accrue on or after the adjustment date.

Additionally, this bill expands the claimants in wrongful death cases, now allowing the victim’s siblings and sibling’s heirs to file a lawsuit on behalf of the deceased victim.

Medical Malpractice (which includes most cases against nursing homes): Non-Economic Damage Caps

Increase non-economic damages cap to $875,000.

• The five-year phase will increase by $115,000 per year until January 1, 2029.
• The first increase to $415,000 applies to claims filed on or after January 1, 2025, and before January 1, 2026, or any claim for relief that accrues on or after January 1, 2026.
• The subsequent January 1 adjustment phase applies to claims that accrue on or after the adjustment date.
• First inflation adjustment on January 1, 2030, calculated from 2028.
• It adjusts for inflation every two years after January 1, which applies to claims that accrue on or after the adjustment date.

Wrongful Death Damage Cap

• Increase wrongful death cap to $ 1,575,000. (The previous cap for wrongful death cases was $300,000.)
• The five-year phase will increase by $255,000 annually until January 1, 2029.
• The first increase to $555,000 applies to any claim for relief accruing on or after January 1, 2026.
• The subsequent January 1 adjustment phase applies to claims that accrue on or after the adjustment date.
• The first inflation adjustment was on January 1, 2030, calculated from 2028.
• It adjusts for inflation every two years after that, on January 1, and applies to claims that accrue on or after the adjustment date.
• The soft cap is 125% of wrongful death damages after wrongful death damages exceed $1 million.

Additionally, this bill expands the claimants in wrongful death cases, now allowing the victim’s siblings and sibling’s heirs to file a lawsuit on behalf of the deceased victim.  

Partner with Experienced Personal Injury Attorneys in Colorado

While we hope you never need us, if you or someone you love has been injured or lost their life to negligence, contact our skilled personal injury lawyers in Denver at Donaldson Law, LLC by calling (720) 458-5000 or contact us online to schedule a free, confidential consultation to discuss your case and seek justice by holding the liable party—or combination of parties—accountable for your damages.

At Donaldson Law, LLC, our Denver personal injury attorneys know that when our Colorado residents are hurt or lose a loved one to another person or party’s negligence, the prospect of meeting with a lawyer for the first time may be overwhelming. We understand.

We believe that knowing what to bring to your initial consultation will help allay the anxiety involved in that initial meeting. Whether you choose to partner with our law firm, or another Colorado personal injury attorney, we want you to be prepared.

The following checklist can help.

What Should I Bring to My First Meeting with a Colorado Personal Injury Lawyer?

When it comes to preparing for your initial consultation with a personal injury lawyer in Colorado, certain documents and records will allow us, or another attorney, to fully assess your case.

They include:

• Name and address of the hospital or medical facility where you were first taken after your injuries occurred, and the details of the ambulance company that transported you (if applicable).
• Dates you were admitted and released from the hospital.
• All healthcare information, including diagnoses, treatment records, and future medical needs.
• List of current prescription medications, medical devices, or additional treatment needs.
• Any bills you may have already received from physicians and/or hospitals.
• Any invoices or expenses associated with chiropractors and/or physical therapists.
• Health insurance coverage that was used during your medical treatment (if applicable).
• Auto insurance coverage and accident details — if your injuries were the result of a vehicle collision — along with the other driver’s information, witness statements, photos/video, or accident reports taken at the scene of the crash.
• Documentation of any lost work or income caused by the injuries, which may include days away from work, and a current paystub/W-2 that outlines your wages.

Once our Denver personal injury attorney reviews your claim during a free consultation, you are free to ask any questions about our law firm, our experiences, and our previous successes, so can make an informed decision about how your case unfolds. You do not have to commit to legal representation after your initial consultation. It is important for you to find an attorney you are comfortable with, so you can pursue the best outcome for your unique case without any pressure.

Contact our skilled personal injury lawyers in Denver at Donaldson Law, LLC by calling (720) 458-5000 or contact us online to schedule a free, confidential, no-obligation consultation to discuss your case. We are here to help get you through this challenging time, so you can take back control of your life.

At Donaldson Law, LLC, our Denver personal injury attorneys represent clients throughout Colorado — including those who have been injured while visiting from out of state or another country.

We understand that negligence is not limited to each person’s home state or city. Injuries or loss of life can occur during vehicle collisions, premises liability incidents, or while simply staying at a hotel on your way through Colorado.

When people get hurt because of another person or party’s negligence, they may be eligible to pursue a claim against the individual or company’s insurance coverage, so they can seek the financial compensation they need to get their lives back on track.

We can help, starting with a free consultation.

Who Can Be Held Liable When Visitors are Injured in Colorado?

To determine who may be held liable for your injuries as a visitor to Colorado, it is important to discuss your case with a personal injury lawyer in Colorado.

If the incident occurred here, the attorney must be licensed in Colorado to represent you in court. If you partner with a personal injury lawyer from your home state, he or she must have a local associate lawyer designated to manage your case, which means you would have to hire two lawyers, which come with two corresponding legal fees.

At Donaldson Law, our skilled personal injury lawyers in Denver understand local court rules and procedures, so you can get the most from our legal representation, even after you have returned home.

Our Denver personal injury attorneys represent visitors, tourists, and professionals who do not call Colorado home in incidents involving negligent:

• Passenger vehicle drivers, including those who were intoxicated or speeding.
• Commercial vehicle drivers or trucking companies.
• Restaurant, bar, nightclub, or restaurant owners/operators.
• Hotel, lodge, and resort owners/operators.
• Convention, tour, or other event organizers.
• Property owners/operators who fail to maintain their premises.

If you have been injured while visiting Colorado, seek medical care right away, and follow all your physician’s orders, including staying in the state until you are released, and attending all follow-up appointments once you are well enough to return home.

As soon as your injuries allow, and before you leave the state, contact our experienced Denver personal injury attorneys right away. You do not have to face the negligent party’s insurance company alone or worry that your case will not be taken seriously because you live outside of Colorado.

We can help outline your case, preserve evidence, and fully investigate the incident and circumstances that caused your injuries, so you can focus on regaining your physical and emotional wellness while we manage the legal details.

Contact our skilled personal injury lawyers in Denver at Donaldson Law, LLC by calling (720) 458-5000 or contact us online to schedule a free confidential consultation to discuss your case.