Can You Sue After a Road Rage Accident in Denver, CO?

Finding out that someone willfully engaged in misconduct that led to a serious car collision can be an upsetting experience. Whether your injury occurred near the intersection of East 104th Avenue and Colorado Boulevard in Thornton due to someone tailgating you, or off the ramp from southbound I-25 onto E-470 just north of Denver because another driver attempted to run you off the road, may wonder if you can sue after a road rage accident in Denver, CO.

Understanding Road Rage Incidents in Denver, CO

Road rage incidents in Denver have spiked in recent years. As of August 2024, the Denver Police Department had already logged 321 reports, which is nearly double the 186 reported in all of 2021. Across Colorado, firearm-related road rage incidents have also surged, rising from 0.19 per million people in 2014 to 2.9 per million in 2023, totaling 149 shootings.

One violent example occurred on May 2, 2025, near East 104th Avenue and Colorado Boulevard in Thornton. A verbal dispute escalated when one driver pulled a handgun and shot another in the arm. A woman and a child were in the car but were unharmed. The shooter fled in a red or maroon Jeep Grand Cherokee, and police are still seeking information.

When a Road Rage Collision Provides Grounds for a Civil Claim

Short of an “act of God” like a boulder coming down a mountain, most car collisions are the fault of one or more drivers. When drivers make errors or, in the case of a road rage incident, intentionally engage in malicious conduct, they can be held financially liable for their actions.

Road rage accidents are unique in that the at-fault driver’s actions can potentially open them to punitive damages if the injury claim goes through the civil courts. Reckless driving is so serious an offense that law enforcement may become involved. Under Colorado Revised Statutes § 42-4-1401, anyone found guilty of reckless driving is subject to potential jail time, fines, and license points.

Even if prosecutors file charges, you still have the right to pursue your own claim for damages. If the incident occurred on I-25, Colfax Avenue, or any number of Denver’s congested corridors, chances are there were witnesses or surveillance footage to support your civil case.

Potential Challenges You May Face When Filing a Claim

Road rage claims can be harder to prove than you may think. The biggest challenge is often establishing intent. Insurance companies may try to falsely frame the event as a typical negligence case. Even if they are charged in criminal court, they may deny wrongdoing there as well, and criminal cases can take well over a year, or longer, to resolve.

Proving that someone intentionally harmed you requires evidence. If it comes down to your word versus theirs, you may have limited recourse to hold them accountable for their reckless action. Building a strong civil case requires gathering clear proof that they engaged in reckless misconduct. Photos, videos, and eyewitness accounts can be key to building a case that holds a driver accountable for engaging in reckless acts.

What Could the At-Fault Driver Be Forced to Pay Me?

A successful civil claim may allow you to recover compensation for medical bills, vehicle repairs, lost income, and emotional distress. Colorado also permits claims for pain and suffering, especially when the other driver’s conduct was aggressive or threatening. If the crash occurred near Speer Boulevard, Federal Boulevard, or US 36, nearby traffic cameras or witnesses may help your case.

Punitive damages may also apply if the behavior was extreme. In Colorado, non-economic damages are capped by law, but those limits do not apply to economic losses. Strong evidence increases your chances of a meaningful recovery.

FAQs

What Is the Road Rage Law in Colorado?

Colorado does not have a specific road rage statute, but aggressive behavior behind the wheel can lead to criminal charges. These may include reckless driving, assault, or menacing, depending on the actions taken. If a weapon is involved or someone is threatened, the charge can escalate. These cases are treated seriously and can result in license suspension and jail time.

Does Insurance Pay for Road Rage?

Insurance may cover damages from road rage incidents, but only if the actions were unintentional. If the at-fault driver acted deliberately, their insurance company might deny coverage. Victims may be able to use their own uninsured motorist policy if the other driver is not covered. Policy details vary, so it’s important to review your coverage and report the incident accurately.

How Much Can Someone Recover From a Car Accident in Colorado?

Recovery amounts depend on medical documentation, fault, and how the accident affected your life. Compensation may include vehicle damage, medical treatment, lost wages, and pain and suffering. Each case is different and is evaluated based on available evidence. A detailed claim supported by records gives you the strongest chance of recovering appropriate compensation through negotiation or legal action if needed.

Is Road Rage Considered a Traffic Violation?

Road rage is not a named traffic violation, but the behavior can result in multiple serious offenses. Charges may include reckless driving, aggressive driving, or criminal threats, depending on the situation. These charges carry penalties beyond a typical citation and may involve court appearances, fines, or jail. Road rage cases are often treated as criminal, not just traffic-related.

You Deserve Justice and Accountability; Contact Cheney Galluzzi & Howard Today

Road rage accidents are not just traffic incidents. They involve reckless, often intentional actions that place people’s lives at risk. If you were harmed by another driver’s aggression in Denver, you have the right to hold them accountable.

Working with a knowledgeable car accident attorney in Denver can help you build a strong claim, gather the right evidence, and pursue compensation for medical expenses, lost income, and emotional distress. Don’t let someone else’s dangerous behavior derail your future. Let our team help you explore your legal options and take steps to protect your rights. Contact our office today to schedule your free initial consultation.