Car Accident Wrongful Death

Losing a loved one in a car crash is heartbreaking and disorienting. Families are left to process sudden grief while juggling practical questions about bills, insurance, investigations, and what the law can do to hold wrongdoers accountable. At Cook Bradford & Levy, headed by trial lawyers Jason Levy and Brian Bradford, we guide families through this difficult time with urgency, care, and the determination to uncover the truth. We move quickly to secure critical evidence, explain your rights under Colorado law, and build a clear and compelling case that demands justice. This page walks through how wrongful death claims work, what investigations matter most, the defenses you can expect, and how our team helps you from the first call through resolution.

What Colorado Wrongful Death Law Allows

Who may file and when

Colorado’s wrongful death statute allows certain family members to bring a civil claim when a person’s death is caused by the wrongful act, neglect, or default of another. The timeline has stages. During the first year after death, the surviving spouse has the exclusive right to file the claim. During the second year, the spouse and heirs may file together, or if there is no spouse the heirs may file. If there are no heirs, a designated beneficiary may have standing. Separately, the decedent’s estate can bring a survival action to recover certain losses that accrued before death. The wrongful death claim belongs to the family and compensates the family’s loss. The survival claim belongs to the estate and addresses items like medical bills and some economic damages the decedent sustained before passing.

What damages are available

Damages fall into two broad categories. Economic damages include funeral and burial expenses, loss of financial support, loss of benefits, and the value of household services the decedent provided. Noneconomic damages compensate for grief, loss of companionship, emotional pain, and the loss of guidance and protection. Colorado law sets statutory limits on some noneconomic damages, though the limits can change over time and there are exceptions in certain circumstances. Families also have the option to elect a statutory solatium amount in lieu of proving noneconomic damages while still seeking economic losses. In cases involving fraud, malice, or willful and wanton conduct, the court may allow exemplary damages intended to punish and deter egregious behavior. Our job is to analyze your case facts against these rules early so we can set expectations and strategy.

Comparative negligence and apportionment of fault

Colorado uses modified comparative negligence. A jury can assign percentages of fault to the parties involved. If the decedent is found partly at fault, any award is reduced by that percentage. Recovery is barred only if the decedent’s fault exceeds the combined fault of all defendants. This structure keeps the focus on the facts. It rewards careful investigation and presentation because the allocation of percentages turns on clear, objective proof.

Building the Case From Day One

Rapid preservation of evidence

Important evidence disappears quickly after a serious crash. Vehicles are repaired or salvaged. Event data can be overwritten. Businesses routinely overwrite camera footage. We send preservation notices immediately to secure vehicles, electronic modules, dash cameras, fleet telematics, and nearby video. We obtain the full police file, including diagrams, photographs, measurements, and any toxicology results. We order the 911 audio because it can capture early statements, time stamps, and details that never make it into the report. Acting early shortens the time between questions and answers and prevents the loss of proof that can decide a case.

Event data recorders and telematics

Most modern passenger vehicles contain an event data recorder that collects speed, brake pedal use, throttle position, seat belt status, and other parameters during a triggering event. Many commercial vehicles and ride share fleets also store GPS breadcrumbs, harsh braking events, lane departure alerts, and forward collision warnings. We retain experienced forensic experts to image these systems in a defensible way. When combined with video, roadway measurements, and witness accounts, electronic data removes guesswork and anchors the reconstruction in hard numbers.

Scene investigation and road design

Our reconstruction team documents skid and yaw marks, gouges, debris fields, sight lines, and the geometry of the intersection or roadway. We evaluate signal timing, all red intervals, protected turn phases, and speed limit design criteria where relevant. If a construction zone or temporary traffic control was in place, we photograph and map the signs and channelizing devices before the site changes. Sometimes dangerous design or poor temporary control contributes to the crash. In those cases, we explore whether additional parties share responsibility.

Liability Theories that Often Arise

Negligence on the road

The backbone of most wrongful death car cases is negligence. Speeding, running a red light, failing to yield on a left turn, distracted driving, and impaired driving all violate the duty to act as a reasonably careful driver under the circumstances. Many of these violations overlap with criminal or traffic statutes. In civil court, the violation of a safety statute that was designed to protect the public and that caused the type of harm at issue can support negligence per se, which streamlines the duty and breach elements of the claim.

Negligent entrustment and the family car doctrine

When a vehicle owner allows an unfit driver to use a car and a fatal crash follows, negligent entrustment may apply. Colorado recognizes that the right to control a vehicle’s use is central to whether entrustment is reasonable. If the owner knew or should have known about intoxication, lack of a valid license, or a history of dangerous driving and turned over the keys anyway, a jury can hold the owner responsible along with the driver. The family car doctrine can also impose liability on the head of a household for negligent driving by a family member using a family vehicle for family purposes when the right of control is present.

Employer responsibility and commercial defendants

When a driver is working within the scope of employment, the employer is generally responsible under respondeat superior for negligent acts that cause a death. In addition, negligent hiring, retention, training, and supervision claims may be appropriate where a company failed to screen or supervise a driver or set schedules and policies that encouraged unsafe behavior. With delivery fleets, contractors, and gig platforms, the question of control is often contested. We dig into dispatch rules, telematics scorecards, training materials, and performance policies to determine who controlled safety critical decisions.

Product defect and roadway claims

Some fatal crashes involve tire blowouts, steering failures, airbag nondeployment, or fuel fed fires. If the evidence supports it, we pursue claims against manufacturers for defective design or manufacture and against maintenance providers for negligent repair. In other cases, poor roadway design, missing guardrails, or dangerously timed signals contribute to the crash. Those cases are complex and time sensitive and often require special notice to public entities. We evaluate viability early so all legal requirements are met.

Case Law that Shapes Wrongful Death Litigation

Colorado wrongful death is statutory, so courts focus on the text and purpose of the statute while applying broader tort principles.

Courts have explained that wrongful death claims belong to statutory beneficiaries and must be pursued in the manner the statute prescribes. That means the right party must file at the right time and damages must fit the categories the legislature has provided. Courts also enforce the comparative negligence framework with care, recognizing that juries can consider a decedent’s conduct but must base any allocation on concrete evidence rather than speculation.

Finally, courts apply robust spoliation principles when critical evidence is lost or destroyed. If a party discards a vehicle, deletes data, or repairs components before the other side can inspect them, courts can impose sanctions or instruct the jury that the missing evidence would have been unfavorable. That is one reason our team moves fast to secure vehicles, modules, and video.

How Cook Bradford & Levy Moves Your Case Forward

A plan within days, not months

From the first call we set a plan and begin executing it. That plan includes evidence preservation, scene work, vehicle and data inspections, witness interviews, and a timeline for expert involvement. We handle insurance communication and protect you from adjuster tactics that can harm your case.

Trial ready preparation that drives fair outcomes

Insurers evaluate risk, not rhetoric. We prepare each case as if a jury will decide it. Our settlement presentations include reconstruction visuals, electronic data excerpts, photographs, and economic analyses organized in a way that is easy to understand. When fair offers do not follow, we file suit and pursue focused discovery to keep the pressure on and the case moving.

Communication that respects your time and grief

We check in regularly, explain each step, and return calls. You will always know what has been done, what comes next, and why it matters. Our role is to carry the legal burden so you can focus on family and healing.

Practical steps for families right now

Get a copy of the death certificate and any preliminary investigative reports as they become available. Keep a folder for bills, letters, and insurance correspondence. Write down the names of responding officers, witnesses, and medical providers. Save photographs, messages, and videos that help tell your loved one’s story. Do not speak with the other side’s insurance company about the facts of the crash. Refer those contacts to your attorney so your words are not taken out of context during a painful time.

Frequently asked questions

How long do we have to file?

In most car accident wrongful death cases, the general statute of limitations is two years from the date of death. There are exceptions and special rules for some defendants and claim types. Because evidence is time sensitive, the best practice is to begin the process as soon as you can.

What if the police report blames our loved one?

Police reports are important, but not the final word. Civil juries decide liability based on a broader record that can include data and video the officer did not have. We regularly find additional evidence that changes the liability picture.

What if the at fault driver has little insurance?

We look for every responsible party and every available policy. That includes employers, vehicle owners, rideshare and delivery platforms, and underinsured motorist coverage on the decedent’s or household policies. A careful insurance investigation can uncover coverage that is not obvious at first.

Do we have to go to trial?

Many cases settle when evidence is organized and presented clearly. We prepare as if trial will occur because that preparation drives fair settlements. If a reasonable offer does not materialize, we are ready to try the case.

How are damages divided among family members

Wrongful death recovery belongs to the statutory beneficiaries and is divided according to Colorado law. The survival claim belongs to the estate and is distributed under estate rules. We will explain how these rules apply to your family and work to avoid conflicts among beneficiaries.

Why choose Cook Bradford & Levy

Wrongful death litigation is technically complex and emotionally demanding. You deserve a team that can secure evidence quickly, translate the law into plain language, and present your story with precision and respect. Cook Bradford & Levy is built for that work. Led by Jason Levy and Brian Bradford, we represent people, never insurance companies. We have the experience to try cases and the discipline to prepare every case like it will be tried. We serve clients across Colorado from our offices in Lafayette, Longmont, and Denver, and we meet families wherever they need us.

If you are facing the loss of a loved one after a car crash, call us for a free consultation. We will listen, answer your questions, and begin the work of seeking accountability and the full measure of compensation that Colorado law allows.