IT'S MORE THAN MONEY.
Colorado Auto Defect and Vehicle Recall Lawyers
We represent Colorado drivers and families hurt by defective airbags, tires, brakes, seatbelts, and fuel systems. You pay nothing unless we win your case.
No fee unless we winWhen a defective vehicle or auto part causes a crash or injury, the manufacturer can be held responsible under Colorado product liability law, separate from any recall the company issues.
- Colorado product liability claims are governed by C.R.S. 13-21-401 et seq. You can sue a manufacturer for a design defect, a manufacturing defect, or a failure to warn, even when a part was sold years ago.
- A federal recall through the NHTSA does not bar your injury claim. A recall can be evidence the manufacturer knew about the danger, but it does not pay for your harm.
- When a defective new or warranted vehicle cannot be repaired, Colorado's Lemon Law (C.R.S. 42-10-101) gives a separate buyback path, and you may pursue both claims at once.
CGH Injury Lawyers represents injured Coloradans statewide against vehicle and parts manufacturers, from defective airbags and failed tires to brake, steering, seatbelt, and fuel system defects. We handle investigation, litigation, and trial when necessary, with no upfront fees and a free first consultation.
Auto defects
What kinds of vehicle defects and recalls do we handle?
Some defects strand you at a dealership. Others fail at highway speed. We focus on defects that cause crashes and injuries, the parts that are supposed to protect you when something goes wrong, and the systems that fail under Colorado's mountains and weather.
Safety and crash defects
- Airbags that fail to deploy, deploy late, or rupture
- Tire tread separation and blowouts at speed
- Brake failure and extended stopping distances
- Steering and suspension defects that cause loss of control
- Seatbelts and restraints that fail in a crash
- Fuel system defects that cause fires after impact
Colorado-stressed failures
- Engine and turbo failures aggravated by high-altitude thin air
- Battery and electrical failures from sub-zero to warm daily swings
- Brake fade on the long I-70 grade below the Eisenhower Tunnel
- Transmission slip that turns dangerous on a steep mountain descent
- Electrical faults that disable airbags, stability control, or cameras
- Engine stalling in traffic or at intersections
Manufacturers often blame Colorado's environment to escape responsibility. Colorado law does not allow it. A vehicle must be fit for the roads and climate where it is sold and driven. If a defect manifests or worsens at altitude, in the cold, or on a mountain grade, that is the manufacturer's problem, not yours.
How liability works
The three ways a manufacturer can be liable for a defect
Colorado product liability law under C.R.S. 13-21-401 et seq. recognizes three distinct theories. A single case can rest on more than one of them, and the right theory often decides who pays.
Design defect
- The product is dangerous because of how it was designed, before a single unit was built.
- Every vehicle of that model carries the same flaw.
- A safer, practical alternative design was available.
Manufacturing defect
- The design was sound, but something went wrong on the assembly line.
- Your specific vehicle or part differs from the intended build.
- A bad weld, contaminated material, or omitted component caused the failure.
Failure to warn
- The manufacturer knew of a danger and did not warn you adequately.
- Missing or buried instructions left a foreseeable use unsafe.
- A delayed or inadequate recall notice can support this claim.
Crashworthiness: the second collision
Even when another driver caused the crash, the vehicle still has to protect you in the impact. This is called crashworthiness. When a roof crushes in a rollover, a seatbelt unlatches, an airbag does not fire, or a fuel tank ruptures, the manufacturer can be liable for the injuries the defect made worse, on top of whoever caused the original collision.
Recalls and your rights
Does a recall mean you cannot sue?
No. A recall and an injury claim are two different things. The National Highway Traffic Safety Administration (NHTSA) can order a recall to fix a known danger, but a free repair does nothing for the medical bills, lost income, and pain caused when the defect already hurt someone. A recall can actually help your case, because it can show the manufacturer knew the part was dangerous.
Two separate claims, often at the same time
- Product liability claim: if a defective brake, tire, or airbag caused a crash, you can recover medical expenses, lost income, and pain and suffering from the manufacturer under C.R.S. 13-21-401 et seq.
- Lemon Law buyback: if a new or warranted vehicle has a defect that substantially impairs its use, value, or safety and cannot be fixed after reasonable attempts, Colorado's Lemon Law (C.R.S. 42-10-101) requires the manufacturer to buy it back.
- These claims are not mutually exclusive. CGH can pursue both at once so you are made whole for the vehicle and for the harm it caused.
When a vehicle qualifies as a lemon in Colorado
- The 4-attempt rule: the same defect has been subject to repair four or more times and still is not fixed.
- The 30-day rule: the vehicle has been out of service for a cumulative 30 or more business days for warranty repairs.
- These attempts or days must fall within the warranty period or within one year of delivery to the original purchaser, whichever comes first.
If a dealer writes "no problem found" or "unable to duplicate," the repair attempt still counts under Colorado law, as long as you reported the defect and gave them the chance to inspect the vehicle. A 2024 update to the Lemon Law (Senate Bill 24-192, effective August 7, 2024) changed how the reasonable allowance for use is calculated in a buyback, in a way that can affect your refund. An attorney familiar with the current formula makes sure the manufacturer pays the correct amount.
Compensation
What can you recover in a vehicle defect case?
What you can recover depends on which claim fits your situation. An injury caused by a defect and a buyback for a lemon vehicle are valued in very different ways.
Injury claim (product liability)
- Medical expenses, past and future
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress and loss of enjoyment of life
- Loss of consortium for a spouse or family
- Rehabilitation and long-term care costs
Buyback claim (Lemon Law)
- The full purchase price, including taxes, registration, and dealer fees
- Minus a reasonable allowance for use, under the current 2024 formula
- Plus incidental costs such as towing and rental cars during repairs
- Your attorney's fees and costs, paid by the manufacturer
Under Colorado's Lemon Law, a refund equals the full purchase price (including taxes and fees) minus a reasonable allowance for your use of the vehicle, calculated by statute as the contract price multiplied by the qualifying miles driven divided by 100,000 (C.R.S. 42-10-103(4), for vehicles sold or leased on or after August 7, 2024), and the manufacturer pays the prevailing consumer's attorney fees. If a defect caused an injury, any non-economic damages in a product liability claim are subject to Colorado's general cap of $1.5 million for claims accruing on or after January 1, 2025 (C.R.S. 13-21-102.5).
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How it works
How we handle a Colorado vehicle defect case
Defect cases turn on evidence the manufacturer would rather you never gather. We move quickly to preserve the vehicle and the part, then build the case as if it will be tried.
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Free case evaluation
We review what happened, explain whether you have an injury claim, a buyback claim, or both, and answer your questions at no cost.
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Preserve the evidence
The vehicle and the failed part are the case. We act to preserve them before they are repaired, scrapped, or altered, and we secure repair orders and recall records.
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Investigate the defect
We gather NHTSA recall and complaint history, service records, and manufacturer documents, and bring in engineering experts to identify the defect.
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Build and present the claim
We document your full damages and send a demand to the manufacturer, then negotiate from a position of trial readiness rather than from a willingness to settle cheap.
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File suit if needed
If the manufacturer refuses a fair resolution, we file in the appropriate Colorado District Court and litigate the design, manufacturing, or warning defect.
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Trial
Our trial lawyers are prepared to present your case to a Colorado jury when that is what holding the manufacturer accountable requires.
Car manufacturers keep teams of lawyers whose job is to delay, deny, and minimize. They count on people giving up. We do not, and we tell you honestly where your case stands at every stage.
Your team
The team holding manufacturers accountable
CGH Injury Lawyers is a Colorado firm founded in 2016, formerly Cheney Galluzzi & Howard. We are aggressive trial lawyers who take a case as far as it needs to go. Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates (ABOTA). We do not just fight for refunds. We fight for road safety, because a defective vehicle on a Colorado highway is more than a financial loss.
Frequently asked questions
Frequently asked questions about Colorado auto defect and recall claims
Can I sue if my car was under a recall and I got hurt?
Yes. A recall fixes the part for free, but it does not pay for the injuries the defect already caused. If a defective vehicle or part hurt you, you can bring a product liability claim against the manufacturer under C.R.S. 13-21-401 et seq. The recall itself can be evidence that the manufacturer knew the part was dangerous.
What is the difference between a design defect and a manufacturing defect?
A design defect means the product is dangerous as designed, so every unit of that model shares the flaw and a safer alternative design was available. A manufacturing defect means the design was sound but something went wrong in production, so your specific vehicle or part differs from how it was supposed to be built. A case can involve both, plus a failure to warn.
What is crashworthiness?
Crashworthiness is the manufacturer's duty to protect occupants during a collision. Even if another driver caused the crash, the manufacturer can be liable for injuries that a defect made worse, such as a roof that crushes in a rollover, a seatbelt that unlatches, an airbag that fails to deploy, or a fuel tank that ruptures and catches fire.
What makes a vehicle a lemon under Colorado law?
Under Colorado's Lemon Law (C.R.S. 42-10-101), a new or warranted vehicle is a lemon when a defect substantially impairs its use, value, or safety and the manufacturer cannot fix it. That is shown when the same defect has been repaired four or more times, or when the vehicle has been out of service for a cumulative 30 or more business days, within the warranty period or one year of delivery, whichever comes first.
The dealer keeps saying "no problem found." Do those visits still count?
Yes. Under Colorado law, a repair attempt counts even if the dealer writes "no problem found" or "unable to duplicate," as long as you reported the defect and gave them the chance to inspect the vehicle. Document every visit and every occurrence. Intermittent defects are among the most dangerous, and the law only requires that the defect substantially impair safety, use, or value.
Who pays my attorney's fees in a vehicle defect case?
In many vehicle defect cases the manufacturer pays your legal fees. Colorado's Lemon Law includes a fee-shifting provision, so when we win the manufacturer pays our fees and costs and you keep your refund. Across our injury work, you pay nothing out of pocket and no fee unless we win.
Should I keep driving a vehicle I think is defective?
If the defect poses a safety risk, such as brake failure, a steering malfunction, or engine stalling, we strongly advise against driving it. Rent a vehicle if you need to and keep the receipts, because those costs can be recoverable. Preserve the vehicle and the failed part rather than having them repaired or scrapped, since they are central evidence.
How long do I have to file a vehicle defect claim in Colorado?
Product liability injury claims in Colorado generally must be filed within two years (C.R.S. 13-80-106), and that two-year rule applies even when the defect involves a vehicle. Lemon Law claims have their own clock: 30 months from the date the vehicle was originally delivered for vehicles sold or leased on or after August 7, 2024 (C.R.S. 42-10-107), with shorter rules for older purchases. Because these deadlines run from different events, get your specific dates confirmed early. A free consultation costs you nothing.
Related injury cases we handle
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IT'S MORE THAN MONEY.
A defect put you at risk. We hold the maker accountable.
Free consultation. No fee unless we win. Available across Colorado.
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