Can You Sue a Truck Driver in Denver?

This page provides general information only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Laws vary by jurisdiction and change frequently. Always consult a licensed attorney for advice specific to your situation.

Can You Sue a Truck Driver in Colorado?

Yes. A truck driver who causes an injury through negligence can be sued like any other driver. Colorado’s comparative negligence statute applies to any action “to recover damages for negligence resulting in death or in injury to person or property” (C.R.S. 13-21-111).

Your share of fault matters:

• Any damages allowed are “diminished in proportion to the amount of negligence attributable to” the injured person.
• You can recover only if your negligence is less than that of the person from whom recovery is sought.
• When more than one person or company is sued, Colorado’s jury instructions on comparative negligence say to combine their negligence and compare it with yours. You can recover unless your share is 50% or more.

You can read more about how comparative fault works in Colorado before talking to an insurer about who caused the crash.

When the Driver Works for a Trucking Company

On the question “Can you sue a trucking company?” a claim can name both the driver and the employer if the driver was working at the time. Colorado’s pattern civil jury instructions cover that exact case: an employer and an employee sued over the same event (Instruction 8:22).

Under that instruction, holding the employer responsible for the driver depends on proof that:

• The driver was negligent.
• The driver was the company’s employee at the time of the collision.
• The driver was acting within the scope of employment.

The second and third points apply when someone disputes them. A carrier may argue, for example, that the driver was an independent contractor instead of an employee.

A trucking company can also face claims about the company’s conduct, such as how it hired or supervised the driver. Colorado law says those direct negligence claims “are not barred” even when the employer accepts responsibility for the driver’s negligence (C.R.S. 13-21-111.5).

Our Denver truck accident attorneys investigate every party in the chain after a truck crash, from the driver to the carrier.

When the Driver Owns or Leases the Truck

When a driver owns the truck and leases it to an authorized for-hire carrier, federal leasing rules apply. The lease must say the authorized carrier has “exclusive possession, control, and use of the equipment” for the length of the lease (49 CFR 376.12).

The same rule requires the lease to say the carrier will “assume complete responsibility for the operation of the equipment” while the lease runs. That lease language can matter when deciding whether to name the carrier. The rule also says those lease terms aren’t meant to decide whether the driver is an independent contractor or an employee of the carrier.

Whose Insurance Pays: Truck Policies vs. Car Minimums

Federal rules set much higher insurance minimums for many commercial trucks than Colorado sets for a car. No motor carrier covered by these rules may operate a truck until it has the minimum financial responsibility they set (49 CFR 387.7). They cover most for-hire carriers hauling property between states and carriers hauling hazardous materials (49 CFR 387.3), and the gap is wide:

Each minimum depends on the truck’s weight, its cargo, and whether it travels between states. These are minimums, and a carrier can carry more. Identifying the carrier behind the driver tells you which policy and which minimum may apply.

For what it can cost to bring that kind of claim, see what a Denver truck accident lawyer costs.

A Traffic Conviction Isn’t Evidence in the Lawsuit

A ticket for the truck driver can feel like proof of fault. In Colorado, a conviction under the state traffic code generally can’t be used as evidence in a truck accident lawsuit. Apart from habitual traffic offender cases, “no record of the conviction of any person for any violation of this article shall be admissible as evidence in any court in any civil action” (C.R.S. 42-4-1713).

So you’ll need other evidence and records that can help show what happened, such as:

• Photos and video of the scene and the vehicles
• The investigating officer’s crash report and witness statements
• The truck’s electronic data and the carrier’s records
• Medical records that connect your injuries to the crash

A ticket can still matter in another way. Federal rules require the trucking company to test a commercial driver for alcohol and drugs after certain crashes. A citation is one of the triggers (49 CFR 382.303):

These rules apply to drivers who need a commercial driver’s license. Asking for the test results early is part of building the claim.

Suing a City or County Truck Driver

A crash with a city garbage truck or another government vehicle follows different rules. Colorado’s government immunity law protects public entities from most injury claims.

It waives that protection for injuries resulting from the “operation of a motor vehicle owned or leased by such public entity by a public employee while in the course of employment” (C.R.S. 24-10-106). The waiver omits some emergency vehicles.

The driver isn’t automatically shielded either. Public employees have immunity for most on-the-job negligence. The statute adds, “except that immunity is unavailable in an action for injuries resulting from the circumstances specified in section 24-10-106 (1)” (C.R.S. 24-10-118).

Two limits matter here:

• The exception covers a vehicle the public entity owns or leases. Different rules apply when a government worker drives a personal vehicle.
• Written notice is due within 182 days after you discover the injury. A claim can’t go forward against the public entity or its employee without it (C.R.S. 24-10-109).

The notice has to include details such as your name and address, what happened, the injury, and the damages you’re asking for. It goes to the public entity’s governing body or its attorney, or to the attorney general for a claim against the state. You can’t file suit until the claim is denied or 90 days pass, whichever comes first.

Colorado also limits the amount that can be recovered from public entities and public employees in a single occurrence (C.R.S. 24-10-114).

When the Truck Driver Lives Out of State

The driver who hit you may live in another state. Under Colorado’s long-arm statute, a person, “whether or not a resident of the state of Colorado,” who commits a tort here submits to the jurisdiction of Colorado courts for claims arising from it (C.R.S. 13-1-124).

In other words, a driver from Kansas or Texas who causes a crash here can generally sue in Colorado. A lawyer can help sort out where to file the case.

If the Driver Has No Insurance or Not Enough

If the truck that hit you had no insurance or too little, coverage on your auto policy may help. Colorado requires auto policies to include uninsured motorist coverage unless the named insured rejected it in writing (C.R.S. 10-4-609).

That coverage also serves as underinsured coverage. It covers “the difference, if any, between the limits of any legal liability coverage and the damages sustained.” It doesn’t cover exemplary (punitive) damages, and it stops at the coverage you bought.

Our guide to uninsured driver claims in Colorado explains how that claim works with your insurer.

Deadlines for Suing a Truck Driver in Colorado

The clock usually starts when you know, or reasonably should have known, about both the injury and its cause (C.R.S. 13-80-108). The main deadlines are:

Colorado’s two-year statute covers all “actions against any public or governmental entity or any employee of a public or governmental entity, except as otherwise provided” in that section or the one after it. In a 2026 crash case against a city, City of Grand Junction v. Nicola, the Colorado Supreme Court noted the dispute between the two-year and three-year periods.

The court didn’t need to decide it. Filing within the shorter two-year period avoids that question.

Missing the government notice can bar the claim. For more on timing, see how long you have to sue after a Denver accident.

Talk to a Denver Truck Accident Lawyer

Driver logs and test results are in the carrier’s hands, so asking for them early is part of protecting the claim. Read more about when to call a truck accident lawyer in Denver.

The consultation is free, and there’s no fee unless we win. That covers the attorney’s fee, and your written agreement handles case expenses.

Tell us what happened through our contact page, or call (303) 209-9395.

Frequently Asked Questions

Written by CGH Injury Lawyers.

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