Motor-vehicle negligence
To recover for a car accident in Colorado you must prove four elements: the at-fault driver owed you a duty of care, they breached that duty, the breach caused the crash, and you suffered measurable harm as a result. Every driver on I-70 and every Mesa County road owes the standard duty of reasonable care to others on the road. Running a red light at North Avenue and 7th Street, following too closely, speeding through Glenwood Canyon detour traffic, or driving impaired all establish a breach.
Three-year filing deadline (C.R.S. 13-80-101(1)(n))
Colorado gives you three years from the date of the crash to file a lawsuit for injuries arising from the use or operation of a motor vehicle. That deadline is absolute. Once it passes, the court will dismiss your case regardless of how strong your facts are. The clock starts on the day of the crash, not the day you feel the full effect of the injury. Contact an attorney early; evidence on Mesa County roads degrades and disappears fast.
Modified comparative fault (C.R.S. 13-21-111)
Colorado is a modified comparative fault state. You can recover damages even if you were partly at fault for the crash, as long as your share of fault was less than 50 percent. If your fault was 50 percent or more, you recover nothing. When your fault was less than 50 percent, your damages are reduced in proportion to your share. For example, if a jury finds you 20 percent at fault and awards $100,000, you take home $80,000. Insurance adjusters routinely inflate the injured person's fault percentage to reduce or eliminate a payout. Having an attorney who can challenge that inflation is often the difference between a full recovery and a reduced one.
Colorado is not a no-fault state
You pursue your Grand Junction crash claim against the at-fault driver's liability insurer, not your own. If the at-fault driver had no insurance or inadequate limits, a claim against your own uninsured and underinsured motorist coverage may be available. Colorado UM/UIM claims are subject to C.R.S. 13-80-107.5 under Pham v. State Farm, 2013 CO 17.