Colorado's non-economic cap and what it means for cyclists
For claims accruing on or after January 1, 2025, Colorado caps non-economic damages such as pain and suffering at $1,500,000 under C.R.S. 13-21-102.5. Compensation for physical impairment or disfigurement is not capped, which matters significantly in bicycle cases involving road rash scarring, limb fractures, and traumatic brain injury. Economic damages such as medical bills, lost wages, and future care costs are never capped under any dollar amount.
Modified comparative fault and the 50 percent rule
Colorado follows a modified comparative fault rule under C.R.S. 13-21-111. You can recover damages as long as your share of fault is less than 50 percent. If you are found 30 percent at fault, for example for failing to signal before a turn, your recovery is reduced by 30 percent but you still receive 70 percent. If you are found 50 percent or more at fault, you recover nothing. Insurance adjusters routinely argue that a Lafayette cyclist was partly at fault for riding in a car door zone, proceeding through a red light, or not wearing visible clothing. We use the Safety Stop law, the 3-foot rule, and collision reconstruction to push that fault percentage back down.
Your own auto insurance may cover you on the bike
Many Lafayette cyclists do not realize that their own auto insurance policy may cover them while riding a bicycle. If an uninsured or underinsured driver hits you, your uninsured and underinsured motorist (UM/UIM) coverage can pay for medical bills, lost wages, and pain and suffering. This matters most in hit-and-run crashes on the Coal Creek Trail and in cases where the at-fault driver carries only minimum limits. We identify every available insurance source, including homeowner and umbrella policies, to reach the full recovery the law allows.