Principle Attorney
If you were injured while riding as a passenger in Colorado, you can sue the driver if their carelessness caused the crash. Depending on what happened, you may also have a claim against another driver or even the owner of the vehicle. As a passenger, you are rarely blamed for a collision. That typically puts you in a strong position to pursue compensation for your medical bills, lost income, and other losses.
Can You Sue the Driver of the Car You Were In?
Yes. If the driver of your vehicle caused the crash through careless or reckless behavior, you can file a personal injury claim against them.
Common examples of negligence include:
- Speeding
- Distracted driving, including texting
- Driving under the influence
- Running a red light or stop sign
- Failing to yield
In most situations, you are seeking compensation from the driver’s auto insurance policy, not their personal assets. Colorado requires drivers to carry liability insurance for bodily injury, and that coverage exists to protect injured people like you.
Can a Passenger Sue Both Drivers After a Colorado Crash?
Often, yes. Colorado follows a modified comparative fault rule. Fault can be divided among multiple drivers, and each is responsible for their percentage of the harm.
If your driver was partially at fault and another motorist also contributed to the crash, you may pursue claims against both insurance policies. For example, one driver may have been speeding while the other failed to yield. Each insurer may be responsible for paying a share of your damages.
We review the facts carefully to identify every potential source of recovery.
Can You Sue the Vehicle Owner?
In some cases, yes. If a vehicle owner allowed someone to drive their car knowing that person was unlicensed, intoxicated, or otherwise unfit to drive, the owner may share responsibility. This is sometimes referred to as negligent entrustment.
This issue can arise when a parent lends a car to a reckless teen driver or when someone knowingly hands over their keys to an impaired person.
What If You Knew the Driver Was Risky?
Colorado recognizes the concept of assumption of risk. If you knowingly got into a vehicle with a driver you understood to be intoxicated or driving dangerously, the insurance company may argue that you share some responsibility.
That does not automatically prevent you from recovering compensation. Under Colorado’s modified comparative fault rule, your recovery may be reduced by your percentage of fault, as long as you are less than 50 percent responsible.
Each case turns on specific facts, including what you knew and whether you had a reasonable choice.
What Compensation Can an Injured Passenger Recover?
As an injured passenger, you may seek compensation for:
- Medical bills, including future treatment
- Lost income and reduced earning ability
- Pain and suffering
- Emotional distress
- Permanent impairment
- Damage to personal belongings
Colorado law limits certain non-economic damages in many personal injury cases, but the value of your claim depends on the severity of your injuries and the impact on your daily life.
We work to document the full scope of your losses so you are not left covering expenses that should be paid by the at-fault party.
What If Insurance Coverage Is Not Enough?
Serious injuries can exceed available policy limits. If that happens, additional coverage may apply, including:
- The other driver’s liability policy
- Your own uninsured or underinsured motorist coverage
- An umbrella policy, if one exists
Identifying all available insurance is often one of the most important steps in a passenger injury case.
Is There a Deadline to File a Claim in Colorado?
Yes. Colorado law sets a time limit for filing a car accident injury lawsuit. If you wait too long, you may lose your right to pursue compensation entirely.
Speaking with an attorney early allows us to preserve evidence, gather witness statements, and protect your claim before deadlines become an issue.
Take the Next Step to Protect Your Claim
If you were injured as a passenger in a Colorado car accident, you may have the right to sue the driver of your vehicle, another motorist, or even a vehicle owner. The key question is who acted negligently and what insurance coverage is available.
At the Law Offices of Dianne Sawaya, LLC, we represent injured passengers across Colorado and deal directly with the insurance companies so you can focus on your recovery. Contact us to discuss your situation and learn how we can help you move forward.