Montrose, Colorado. CGH Injury Lawyers represents people injured by distracted drivers across Colorado.

IT'S MORE THAN MONEY.

Montrose Distracted Driving Accident Lawyers Who Make Inattentive Drivers Pay

When a driver looking at a phone hits you on US-550, US-50, or anywhere in Montrose, you are dealing with serious injuries, lost work, and an insurer that started building its defense before you left the hospital. CGH Injury Lawyers serves Montrose County from our Denver office, proves what the driver was doing, files in the 7th Judicial District, and tries the case at the Montrose Combined Courts when an insurer refuses to be fair. No fee unless we win.

No fee unless we win

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5-star rated on Google ABOTA trial advocate on the team Trial lawyers, not a settlement mill 8 attorneys, bilingual EN / ES

A driver who causes a crash in Montrose while distracted is liable for your injuries under ordinary motor-vehicle negligence law. To win, you must prove four elements: duty, breach, causation, and damages. On corridors already documented by CDOT for wildlife collisions and skewed intersections, a moment of inattention has less margin for error, and a phone record, a traffic-camera clip, or a police-report notation is often the single piece of evidence that locks down the breach.

Colorado uses modified comparative fault. You can recover after a Montrose crash even if you share some blame, as long as your share of fault is less than 50 percent (C.R.S. 13-21-111). If you are found 50 percent or more at fault, you recover nothing, and your award is reduced by your percentage of fault.
The deadline to file a lawsuit for injuries from a Montrose motor vehicle crash is three years from the date of the crash (C.R.S. 13-80-101(1)(n)). If the at-fault vehicle was operated by a government agency, written notice is required within 182 days of discovering the injury (C.R.S. 24-10-109(1)).
Cell-carrier data and traffic-camera footage have short retention windows. The evidence that proves a driver was distracted can disappear in weeks, so the time to preserve it is now, not near the filing deadline.

CGH Injury Lawyers does not have a Montrose office. We serve Montrose County clients from our Denver office at 2701 Lawrence St., file in the 7th Judicial District, and travel to Montrose as the case demands. Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates and has tried over 25 cases to verdict. You pay nothing unless we recover for you.

We represent you if you were

A driver or passenger hit by someone who was on their phone
A crash victim on US-550 south of Montrose, a documented high-crash zone toward Ouray, where wildlife-vehicle collisions and skewed intersections are common
A motorcyclist hit by a distracted driver on US-550, one of western Colorado's most traveled motorcycle routes
A crash victim on US-50, a primary freight corridor through Montrose
Hit at a Montrose intersection where the other driver ran a light while distracted
A rideshare passenger injured because an Uber or Lyft driver was looking at the app

Situations we do not accept

Cases where you were 50 percent or more at fault for the crash under C.R.S. 13-21-111, Colorado's modified comparative fault rule. We tell you plainly in the free review if the facts put you on the wrong side of that line.
Cases with no documentable injury. Minor fender-benders with no medical treatment and no wage loss are not cases we can honestly take on contingency.
Claims already resolved by a signed release with the at-fault driver's insurer. A signed release is generally final.

The four elements you must prove

Every motor-vehicle negligence claim in Colorado rests on four elements. Miss one and the claim fails, which is why evidence quality matters so much from the first hours after a Montrose crash.

Duty

Every driver operating a vehicle on a Montrose road owes a duty of reasonable care to other motorists, passengers, cyclists, and pedestrians. This element is almost always present in a distracted driving case.
Breach

The driver failed to meet that standard of care by being distracted. Phone records showing activity at the time of impact, a traffic camera showing the driver's head down, a witness statement, or a police report noting distraction are the common ways breach gets proven. This is often the hardest element to lock down, and it is where early evidence preservation is everything.
Causation

The distracted driver's breach caused your crash and your injuries. Insurance companies frequently argue that the crash had another cause, such as a wildlife-vehicle collision or road conditions, or that your injuries existed before the crash. Medical records, imaging, and sometimes accident reconstruction are the tools that establish causation.
Damages

You suffered measurable harm as a result, from medical bills and lost income to pain and the long-term impact of a serious injury. Documenting every category of harm is how a claim reaches full value rather than the insurer's first number.

Colorado comparative fault: what it means for your Montrose case

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 50 percent or more at fault, you recover nothing. If you are, say, 20 percent at fault, your award is reduced by 20 percent. This matters because insurance adjusters routinely claim the victim contributed to the crash, and on a corridor already known for wildlife and skewed intersections they will point to those conditions as fast as they will point to distraction. An attorney reviews the evidence to challenge inflated fault assessments before any number gets locked in.

The filing deadline for your Montrose crash

Colorado gives you three years from the date of the crash to file a lawsuit for injuries arising out of the use or operation of a motor vehicle (C.R.S. 13-80-101(1)(n)). That sounds like a long time, but phone-carrier records and traffic-camera footage have retention periods that are far shorter, and the evidence that proves a driver was distracted can disappear in weeks. If a government agency was involved, a separate written notice is required within 182 days of discovering the injury (C.R.S. 24-10-109(1)). Call before the records are gone, not before the deadline.

High-Crash Corridors

High-crash corridors: US-550, US-50, CO-90, and CO-348

Montrose sits at the crossroads of four state and federal highways, and distraction is especially dangerous on the busiest of them. US-550 (Townsend Avenue through Montrose, continuing south toward Ouray) is documented by CDOT as a high-crash corridor between milepost 117.3 and 126.1, with primary crash causes including wildlife-vehicle collisions, rear-end crashes, and broadside impacts at skewed intersections; a CDOT safety project costing more than $40 million was completed in 2024 to install wildlife fencing and realign intersections on that stretch. US-50 through and north of Montrose is a documented CDOT overlay and safety improvement zone. Colorado State Highway 90 terminates at US-550 in downtown Montrose and connects westward toward the Utah border, drawing additional cross-state freight. Colorado State Highway 348 serves the south side of the city. A driver who can manage inattention on a quiet road cannot on a corridor already flagged for wildlife and skewed-intersection crashes.

Trauma Care

Trauma care: Montrose Regional Health

Montrose crash victims with serious injuries are commonly treated at Montrose Regional Health, 800 S. 3rd St., Montrose, CO 81401 (formerly Montrose Memorial Hospital), a Colorado Level III Trauma Center and the closest major trauma facility for serious injuries throughout western Montrose County and the surrounding region. Trauma records from this facility document the full scope of your injuries and anchor the damages portion of your Montrose claim.

Courthouse

Courthouse: Montrose Combined Courts, 7th Judicial District

A Montrose distracted driving lawsuit is filed in the Montrose Combined (District and County) Courts at the Montrose County Justice Center, 1200 North Grand Ave. Bin A, Montrose, CO 81401, in the 7th Judicial District. The local jury pool and the defense firms active in western Colorado differ from the Front Range. We handle Montrose County cases directly and do not sub out the work.

Serving Montrose From Denver

Serving Montrose from Denver: CGH Injury Lawyers does not have a Montrose office

Our office is at 2701 Lawrence St., Suite 201, Denver, CO 80205, (303) 209-9395. We serve Montrose County distracted driving clients from that office, file at the Montrose Combined Courts, and travel to Montrose for meetings, depositions, and site inspections as the case demands. There is no Montrose storefront. What you get is the work of a trial-ready team, not a local address.

The Rule

The rule: C.R.S. 13-21-111

Colorado's modified comparative fault law means you can recover even if you share some blame, as long as your share is less than 50 percent. We push back when adjusters inflate your fault number, including on corridors where they try to blame wildlife or road conditions instead of the distracted driver.

Footage disappears fast

Footage disappears fast. We preserve it the same day.

Traffic-camera footage along US-550 and US-50 is overwritten on short cycles. We send preservation letters to CDOT and private operators the same day you retain us. Cell-carrier records follow a similar clock.

The Phone

The phone: the records tell the truth.

Call logs, text timestamps, and app activity from a driver's carrier records can prove exactly when distraction began. We know how to get them before they are gone.

Real Trial Lawyers

Real trial lawyers: 8 attorneys. Over 25 verdicts.

Managing Partner Kevin Cheney is an ABOTA member who has tried over 25 cases to verdict. Insurers respond differently when a firm is genuinely ready to try the case in the 7th Judicial District.

Serving Montrose From Denver

Serving Montrose from Denver: no storefront, the work, not an address.

Our office at 2701 Lawrence St., Suite 201, Denver, CO 80205 is where your attorney works. We serve Montrose County clients from there, file in the 7th Judicial District, and travel to Montrose for meetings, depositions, and site inspections as the case demands.

Bilingual

Bilingual: hablamos espanol.

Spanish-speaking staff and attorneys serve Montrose's Spanish-speaking community.

No Win, No Fee

No win, no fee: contingency only.

You pay nothing out of pocket for legal fees. We advance costs and collect only from a settlement or verdict.

Get to safety and call 911

Colorado law requires reporting crashes that involve injury, death, or significant property damage. A police report creates an official record of the scene, and the Montrose Police Department and Colorado State Patrol respond to crashes on US-550 and US-50. If an officer notes that the other driver was on a phone, that notation can become key evidence.
Seek medical care immediately

Montrose Regional Health, the closest major Level III Trauma Center, is the highest-level trauma facility serving Montrose crash victims. Even a crash that feels minor at the scene can produce whiplash and traumatic brain injury symptoms hours or days later, and a treatment gap is one of the first things an insurer uses to argue your injuries were not serious.
Document the scene and the driver

Photograph the vehicles, the road, and any injuries. If you saw the other driver holding or looking at a phone, write it down while it is fresh. Collect witness names and phone numbers, and note the police report number before you leave. On US-550 or US-50, note the mile marker and photograph the highway signs visible from the scene.
Do not give a recorded statement

The at-fault driver's insurer is not on your side. Do not agree to a recorded statement or sign any release before an attorney reviews it. Anything you say becomes part of the claims record and can be used to limit your recovery.
Call us before the evidence is gone

Traffic-camera footage and cell-carrier records have short retention windows. We send preservation letters to CDOT and private camera operators the same day you retain us. Call (303) 209-9395.
We build, negotiate, and litigate your claim

We prove what the driver was doing, document your full damages, and negotiate from trial readiness. When an insurer refuses a fair offer, we file at the Montrose Combined Courts and try your case.

Economic damages (never capped)

Emergency care, surgery, and hospitalization
Ongoing medical treatment and rehabilitation
Future medical care and life-care costs
Lost wages and lost income during recovery
Lost earning capacity when an injury is permanent
Property damage to your vehicle
Out-of-pocket expenses tied to the crash

Non-economic damages

Pain and suffering
Emotional distress
Loss of enjoyment of life
Loss of consortium for a spouse or family member

The damages cap explained. For claims accruing on or after January 1, 2025, Colorado caps non-economic damages such as pain and suffering at $1.5 million under C.R.S. 13-21-102.5, with inflation adjustments beginning in 2028. Lower, inflation-adjusted caps apply to older claims depending on when the claim accrued. Two categories are never subject to the cap: economic damages such as medical bills and lost wages, and compensatory damages for physical impairment or disfigurement, which together often represent the bulk of a serious crash recovery. Punitive damages are available under C.R.S. 13-21-102 when a defendant acted with fraud, malice, or willful and wanton disregard for others, and they are separate from and in addition to compensatory damages. ★★★★★ 5-star rated on Google "I wish I could leave more than 5 stars!" Grace Macaluso, 5-star Google review

5-star rated on Google

I wish I could leave more than 5 stars!
Grace Macaluso, 5-star Google review

"You were partly at fault too"

Colorado's modified comparative fault rule under C.R.S. 13-21-111 means every point of fault the adjuster pins on you reduces your award. Claiming you were tailgating, not watching ahead, or reacting late to wildlife on the road is a standard tactic. We respond with the full evidence picture: traffic-camera timing, vehicle data recorders, police reports, and witness accounts that show where the fault actually sat and by how much.
"There is no proof the driver was distracted"

Without a recorded admission or a police citation, insurers often argue the driver was simply inattentive rather than distracted by a device, or that road conditions alone caused the crash. The difference matters because device use is harder to dispute when records exist. We issue preservation letters immediately and subpoena carrier records if the case goes to litigation. The driver's phone tells a story the adjuster cannot rewrite.
"Your injuries were pre-existing or not serious"

Insurers comb your medical history for any prior complaint they can blame the injury on, and they treat a gap in treatment as proof you were fine. We connect the crash to your injuries with imaging, treating-physician records, and, when needed, expert testimony, and we document why the care you received was reasonable and necessary. We will also tell you honestly if your case has a problem we cannot overcome. If the evidence does not support the claim or the facts put your fault at 50 percent or more under C.R.S. 13-21-111, we say so in the free consultation rather than take a case we cannot win. Honesty upfront is worth more than false hope later.

If you carry uninsured or underinsured motorist (UM/UIM) coverage, you may file a claim with your own insurer when the at-fault driver's coverage is absent or inadequate. Colorado UM/UIM claims are governed by C.R.S. 13-80-107.5 under Pham v. State Farm, 2013 CO 17.
We identify every available coverage source, including your own policy, the driver's commercial or rideshare insurer if the crash involved a working driver, and any umbrella policies, before we calculate your full potential recovery.
When a Montrose crash involves a government vehicle or a government employee driving in the course of their duties, a separate claims process applies under the Colorado Governmental Immunity Act, with a 182-day written notice requirement (C.R.S. 24-10-109(1)) and statutory caps of $505,000 per person and $1,421,000 per occurrence for claims accruing on or after January 1, 2026 (C.R.S. 24-10-114).

How do you prove a driver was distracted in Montrose?

Distraction is the breach element of a negligence claim, and it is proven with evidence: phone-carrier call logs and text timestamps, app activity, traffic-camera footage showing the driver's head down, vehicle data recorders, witness statements, and any notation of distraction in the police report. Much of this evidence has a short retention window, so we send preservation letters and, in litigation, subpoena carrier records. The earlier we are involved, the more of that record survives.

How long do I have to file a distracted driving lawsuit in Montrose?

Colorado gives you three years from the date of the crash to file a lawsuit for injuries arising out of the use or operation of a motor vehicle (C.R.S. 13-80-101(1)(n)). If a government agency was involved, you must also provide written notice within 182 days of discovering the injury (C.R.S. 24-10-109(1)). That filing deadline is for filing in court, not for gathering evidence. Phone records and camera footage can disappear in weeks, so start the process early, not near the deadline.

What if I was partly at fault for the Montrose crash?

You can still recover as long as your share of fault is less than 50 percent under Colorado's modified comparative fault rule (C.R.S. 13-21-111). Your award is reduced by your percentage. So if you were 20 percent at fault and your damages are $100,000, you recover $80,000. If you are found 50 percent or more at fault, you recover nothing. Insurers often push the victim's fault number up early in the process on corridors like US-550 south of Montrose, where wildlife-vehicle collisions and skewed intersections make it easy to blame the road instead of the distracted driver. We review the evidence to challenge inflated assessments before any number gets accepted.

Where is a Montrose distracted driving lawsuit filed?

A Montrose distracted driving lawsuit is filed in the Montrose Combined (District and County) Courts at the Montrose County Justice Center, 1200 North Grand Ave. Bin A, Montrose, CO 81401, in the 7th Judicial District. Most claims settle before a lawsuit is filed, but venue affects the local rules and jury pool. CGH handles Montrose County cases directly.

Is there a cap on damages in a Montrose distracted driving case?

Economic damages, which include medical bills, lost wages, and future care costs, are never capped in Colorado. Non-economic damages such as pain and suffering are capped at $1.5 million for claims accruing on or after January 1, 2025 under C.R.S. 13-21-102.5, with inflation adjustments starting in 2028. Compensation for physical impairment or disfigurement is also not subject to the cap. Lower caps apply to claims that accrued before January 1, 2025, with the specific amount depending on when the crash occurred. When a government entity is the defendant, the Colorado Governmental Immunity Act caps apply: $505,000 per person and $1,421,000 per occurrence for claims accruing on or after January 1, 2026 (C.R.S. 24-10-114).

What if the distracted driver had no insurance or low limits?

If you carry uninsured or underinsured motorist (UM/UIM) coverage, you may file a claim with your own insurer when the at-fault driver's coverage is absent or inadequate. Colorado UM/UIM claims are governed by C.R.S. 13-80-107.5 under Pham v. State Farm, 2013 CO 17. We identify every available coverage source, including the driver's commercial or rideshare insurer if applicable and any umbrella policies, before we calculate your full potential recovery.

Which trauma center would treat my injuries after a serious Montrose crash?

The primary trauma center serving the Montrose area is Montrose Regional Health, 800 S. 3rd St., Montrose, CO 81401, a Colorado Level III Trauma Center. Medical records from this facility are central to documenting the full scope of a serious Montrose crash injury claim.

Can I still file a claim if I did not call the police at the Montrose crash scene?

Often, yes, though a police report makes the claim stronger. If no report was made, we rebuild the record other ways: medical records that tie your injuries to the crash, witness statements, traffic-camera footage where it exists, and the at-fault driver's own phone records. The sooner you call, the more of that evidence we can preserve. Reach our Denver office at (303) 209-9395.

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IT'S MORE THAN MONEY.

A distracted driver changed your life in two seconds. We hold them accountable for every cost that follows.

Free consultation. No fee unless we win. Serving Montrose and Montrose County from our Denver office. Start your free Montrose case review (303) 209-9395 Read next: Colorado car accident lawyers statewide CGH Injury Lawyers · Serving Montrose from our Denver office at 2701 Lawrence St., Suite 201, Denver, CO 80205 The content on this page is provided for general informational purposes 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.

(303) 209-9395

CGH Injury Lawyers · Serving Montrose from our Denver office at 2701 Lawrence St., Suite 201, Denver, CO 80205

Montrose Distracted Driving Accident Lawyers Who Make Inattentive Drivers Pay

Who we represent after a distracted driving crash in Montrose

We represent you if you were

Situations we do not accept

Colorado negligence law decoded for Montrose distracted driving victims

The four elements you must prove

Duty

Breach

Causation

Damages

Colorado comparative fault: what it means for your Montrose case

The filing deadline for your Montrose crash

Montrose roads, Montrose courts, Montrose trauma care

High-crash corridors: US-550, US-50, CO-90, and CO-348

Trauma care: Montrose Regional Health

Courthouse: Montrose Combined Courts, 7th Judicial District

Serving Montrose from Denver: CGH Injury Lawyers does not have a Montrose office

Why Montrose distracted driving victims choose CGH Injury Lawyers

The rule: C.R.S. 13-21-111

Footage disappears fast. We preserve it the same day.

The phone: the records tell the truth.

Real trial lawyers: 8 attorneys. Over 25 verdicts.

Serving Montrose from Denver: no storefront, the work, not an address.

Bilingual: hablamos espanol.

No win, no fee: contingency only.

What to do after a distracted driving crash in Montrose

Get to safety and call 911

Seek medical care immediately

Document the scene and the driver

Do not give a recorded statement

Call us before the evidence is gone

We build, negotiate, and litigate your claim

What compensation can you recover after a distracted driving crash in Montrose?

Economic damages (never capped)

Non-economic damages

Defenses insurers use in Montrose distracted driving cases, and how we counter them

"You were partly at fault too"

"There is no proof the driver was distracted"

"Your injuries were pre-existing or not serious"

Insurance coverage in Montrose distracted driving claims

Montrose distracted driving accident: frequently asked questions

Related pages

A distracted driver changed your life in two seconds. We hold them accountable for every cost that follows.