Call Us!Reckless Driving in Colorado
What Is Reckless Driving Under Colorado Law?
Reckless driving happens when a driver operates a vehicle “in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property,” per (C.R.S. § 42-4-1401(1)).
Reckless driving goes beyond your typical speeding or minor traffic violations. It’s when someone has the intent to do harm, and their actions were the result of that intent, not just an accidental car accident.
As with most states, reckless driving is actually classified as a criminal event under Colorado law. This means a conviction can result in jail time, hefty fines, and a permanent criminal record — not just points on your license.
Types of actions that fall under reckless driving go beyond simple carelessness. They include a conscious choice to drive in a dangerous manner in such a way that it creates a strong possibility of injury to others on the roadway.
Unlike ordinary negligence, which involves a mere failure to exercise reasonable care, reckless driving involves an intentional disregard for the known risks that can arise. The driver recognizes the danger yet still chooses to ignore it anyway.
If you or a loved one has suffered injuries because of someone else’s reckless driving, there are legal options that can help hold responsible drivers accountable and help you recover compensation you may be entitled to for your injuries and other losses.
Reach out to the expert attorneys at Bachus & Schanker to learn more about your legal rights and options after a car accident caused by another driver’s reckless driving.
What Are Some Common Examples of Reckless Driving in Colorado?
Reckless driving can take on many forms, but some common examples include:
- Excessive speeding: In Colorado, if you are driving over 40 mph above the posted speed limit, this can be regarded as excessive speeding and reckless driving. At such extreme speeds, reaction times shrink dramatically, and crash forces can become catastrophic.
- Street racing on public roadways: Stretches of Colorado roadways that are straight shots are breeding grounds for street racers who push the limits of everyday vehicles and supercars well beyond the posted speed limit. These races often endanger other motorists who have no warning.
- Aggressive driving and road rage: Tailgating, recklessly swerving between lanes, brake checking, and angry confrontations are all examples of aggressive driving and fall under reckless driving. What starts as frustration can quickly escalate into deadly behavior.
- Police chase: When drivers are fleeing from police and driving dangerously, this is classified as reckless driving. Evading law enforcement through populated areas shows a blatant disregard for public safety.
How Reckless Driving Affects Personal Injury Claims
As with most states, Colorado follows an at-fault standard for vehicle collisions. This means that the driver who was at fault and caused the accident is legally responsible for the injuries and damages other drivers sustained.
Typically, compensation will be paid out by the at-fault driver’s insurance company. However, victims may also be able to pursue compensation through a personal injury claim if insurance offers are insufficient, or the driver is uninsured.
To pursue a personal injury claim after a reckless driving accident, you’ll need to be aware of two things: proving fault and modified comparative negligence laws.
Proving fault is essential because you’ll need to establish that the four elements of negligence were present.
The at-fault driver had:
- A duty to your safety.
- Violated that duty.
- Caused the events that led to an accident.
- Caused you to suffer injuries as a result.
Evidence, like dashcam footage, police reports, and eyewitness testimony can be critical in building and proving your case.
Modified comparative negligence may also be a factor if you or another individual entity were also partially at fault for the accident. In Colorado, the modified comparative negligence system is outlined in C.R.S. § 13-21-111 and allows you to recover damages only if you were less than 50% at fault for the accident.
The amount of damages you can recover is also reduced by your percentage of fault as well.
This is why having strong legal representation matters — insurance companies often try to shift blame to reduce their payouts, and an experienced attorney can help you push back against low-ball offers.
What Are Some Common Injuries After a Reckless Driving Accident?
Since reckless driving tends to lead to more severe car accidents than your typical fender bender or vehicle collisions, the injuries tend to be more extreme as well.
Some common injuries victims often face after a reckless driving accident include:
- Head and brain trauma.
- Neck, back, and spinal cord injuries.
- Fractures, broken bones, and internal injuries.
- Psychological struggles due to the trauma related to the accident.
Recovering Compensation Through a Personal Injury Claim
When you pursue a personal injury claim, you may be able to recover both economic and non-economic damages.
Economic damages refer to the calculable losses you’ve sustained. This might include things like:
- Medical expenses (past and future treatment).
- Lost wages and loss of earning capacity.
- Property damage, such as car repair costs and other tangible losses.
Non-economic damages refer to the difficult-to-calculate losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages recognize that serious injuries affect every part of your daily life, not just your bank account.
An experienced personal injury car accident attorney can help you understand your legal rights fully, so you get the support and compensation you deserve.
How Can Bachus & Schanker Help You After a Car Accident?
At Bachus & Schanker, our team of highly respected and experienced Colorado personal injury attorneys offer more than 25 years of experience representing victims and their families after serious accidents, including those resulting from reckless car accidents.
The firm operates on a contingency fee basis — you pay nothing upfront and no fees until we win your case.
With a strong track record in severe automobile and truck accident cases, Bachus & Schanker is prepared to fight for the compensation you deserve.
If you or a loved one has been injured by a reckless driver in Colorado, contact our team today for a free consultation to discuss your legal options.
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Top-rated Colorado-based personal injury lawyers and co-founders of Bachus & Schanker, Kyle Bachus and Darin Schanker, have represented car accident victims and families across Colorado for more than 30 years, earning a reputation as some of the best car accident attorneys for serious injury cases. The firm is structured to handle car accident cases of all types and severities, with a team organized to provide focused support and guidance throughout the process. Kyle and Darin guide victims through the legal process with the support of a dedicated team of car accident specialists and Victim Advocates, ensuring care and advocacy from start to finish so clients can stay focused on healing.
Both Kyle and Darin are nationally recognized for their trial skills and leadership in the legal community. They are members of the Million Dollar Advocates Forum, an exclusive group of attorneys who have achieved million and multi-million-dollar verdicts and settlements, a distinction earned by fewer than 1% of U.S. lawyers. In addition, they have been named Colorado Super Lawyers every year for nearly two decades, included in the Lawdragon 500 Leading Plaintiff Lawyers in America, named Top One Percent by the National Association of Distinguished Counsel, Top 10 Personal Injury Attorneys in Colorado by America’s Best Advocates, and recognized as top civil plaintiff attorneys by The National Trial Lawyers. Beyond the courtroom, they support the Colorado community through the Bachus & Schanker Cares Foundation, which sponsors local nonprofits and initiatives. See Kyle Bachus and Darin Schanker on Super Lawyers.
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