Tourist and Out-of-State Driver Accidents in Colorado

Tourists and out-of-state drivers are part of everyday life in Colorado. People come here to ski, raft, hike, attend conferences, and explore mountain towns and national parks. This steady flow of visitors helps the economy, but it also contributes to a significant number of crashes involving someone who does not live in the state. Boulder County sits at the eastern entrance of Rocky Mountain National Park, one of the most visited national parks in the country.

At Cook Bradford and Levy, attorneys Jason Levy and Brian Bradford lead a team that regularly represents Colorado residents, including Boulder County, and out-of-state visitors after accidents interrupt vacations, business trips, or daily routines. The firm has decades of combined personal injury experience and has recovered many millions of dollars for clients through settlements and jury trials.

This page explains the unique legal issues surrounding collisions that involve tourists or out-of-state drivers, how Colorado courts handle jurisdiction and choice of law, and how a law firm with experience in these cases helps clients navigate unfamiliar terrain.

Why Tourist and Out-of-State Crashes Are Different

Colorado is a destination state with scenic highways, mountain passes, and resort traffic that changes by the season. Mountain weather, unfamiliar roads, and congested corridors like Interstate 70 create conditions where visitors and locals face increased risk.

Common accident scenarios involving tourists or out-of-state drivers include a visitor losing control in unexpected snow, a rental car driver distracted by a GPS, or a trucker unfamiliar with Colorado chain laws on steep grades. While the same negligence laws apply, these cases often involve additional challenges such as jurisdiction questions, insurance complications, and coordination of medical treatment after the visitor returns home.

Colorado Jurisdiction When One Driver Is From Out-of-State

Colorado Courts Usually Have Authority Over Crashes That Occur Here

If a collision happens in Colorado, courts here almost always have the power to hear the case, even when the at fault driver lives elsewhere. Colorado’s long arm statute allows the state to exercise jurisdiction over anyone who commits a tortious act within Colorado. Negligent driving and causing a crash squarely fits that definition.

Colorado appellate decisions interpret the long arm statute to extend as far as the United States Constitution allows. As long as the defendant has minimum contacts with Colorado and it is fair to require them to appear in a Colorado court, the case can proceed.

When a collision occurs on a Colorado roadway, the defendant’s contact with Colorado is clear. Driving a vehicle in the state and causing harm here satisfies the requirement for specific personal jurisdiction in nearly all tourist related cases.

General Versus Specific Jurisdiction

Colorado courts distinguish between general and specific jurisdiction. General jurisdiction applies when a defendant is essentially at home in Colorado, which usually means that the defendant is domiciled or incorporated here. It allows Colorado courts to hear any and all claims against the defendant.

Specific jurisdiction, on the other hand, applies when the claim arises out of the defendant’s activities in the state. In tourist accident cases, specific jurisdiction is the normal route because the negligence and injuries occurred in Colorado.

Even when the defendant lives in another state or country, Colorado courts routinely find specific jurisdiction when the harmful act took place on Colorado roads.

Choice of Law in Tourist Accident Cases

Jurisdiction determines where a lawsuit can be filed. Choice of law determines which state’s substantive law governs the claims and defenses.

Colorado follows the Restatement Second of Conflict of Laws and applies the law of the state with the most significant relationship to the accident. For personal injury cases, the primary factors include where the injury occurred and where the conduct occurred.

Because both the negligent act and the injury almost always occur in Colorado, Colorado law typically controls liability and damages issues. However, some disputes involving insurance policies may involve the law of another state, especially when the policy was issued elsewhere. Courts then consider which state has the most significant relationship to the insurance contract.

Statutes of Limitation for Out-of-State Drivers and Tourists

Colorado has strict deadlines for filing claims. Most motor vehicle accident claims must be filed within three years of the date of the crash. Other personal injury claims, including many premises liability incidents at hotels or resorts, have a two year deadline.

Visitors sometimes assume that the deadline in their home state applies. This mistake can lead to forfeiting the right to recover. Colorado law typically governs the limitation period when the injury occurs here, making early legal guidance crucial.

Insurance Issues Involving Out-of-State Drivers

Colorado’s Fault Based System

Colorado is a fault based auto insurance state. The at fault driver’s liability insurance must compensate injured people for medical expenses, lost income, and other losses. Colorado law requires minimum liability limits, but these minimums are often inadequate in serious cases involving multiple injuries or high medical costs.

Out-of-State Auto Insurance Policies

When an out-of-state driver causes a crash in Colorado, their policy usually follows them. Many auto insurance policies automatically adjust to meet Colorado’s minimum required coverage while the driver is operating the vehicle here.

However, policies differ widely. Questions can arise regarding exclusions, stacking of uninsured or underinsured motorist coverage, and whether certain provisions violate Colorado public policy. Some disputes may require analyzing whether the home state’s law or Colorado law applies.

A careful review of the policy language and governing law is critical, especially when multiple states are involved.

Uninsured and Underinsured Motorist Coverage

Uninsured and underinsured motorist coverage, known as UM and UIM, often plays a major role in tourist accident cases. A visitor may need to rely on coverage from their home state in addition to any Colorado based coverage that applies.

UM and UIM coverage may help when:

• A driver with minimum state limits causes serious injuries
• A hit and run driver cannot be identified
• Multiple vehicles are involved

Sorting out which policy pays first and whether policies can be stacked requires close attention to policy language and state law.

Special Problems Tourists Face After a Colorado Crash

Distance From Home

A serious accident during a vacation or work trip can leave someone hospitalized far from home. Managing medical bills, arranging follow up care, and securing damaged personal property is more challenging when the injured person must return home before the legal process begins.

Law firms experienced in representing visitors understand the need for flexible communication, assistance coordinating out-of-state medical care, and help retrieving evidence before it disappears.

Evidence Often Disappears Quickly in Tourist Areas

Tourist corridors have high traffic, rapidly changing conditions, and businesses that frequently purge their surveillance footage. Seasonal workers come and go, and damaged vehicles may be removed from Colorado shortly after the crash.

This makes early investigation crucial. Prompt gathering of witness statements, vehicle data, video recordings, and photos can make the difference between proving fault and losing critical evidence forever.

Dealing With Multiple Courts, Insurers, and States

Tourist related crashes can involve:

A negligence claim against the at fault driver in Colorado

 A claim against a rental car company or out-of-state employer
A UM or UIM claim in the injured person’s home state
Health insurance liens or government reimbursement claims

Coordinating these moving parts requires a firm familiar with multi state litigation strategies and insurance law.

What to Do After a Tourist or Out-of-State Driver Crash

Seek Medical Care and Continue Treatment After Returning Home

Immediate medical treatment protects your health and creates documentation that insurance companies will later rely on. Following up with care after returning home is equally important. Gaps in treatment can be used to argue that the injuries were not serious or were unrelated to the collision.

Use Caution When Speaking With Insurance Companies

Insurance adjusters frequently contact injured tourists quickly, hoping to obtain statements or push for early settlement. Visitors may feel pressured because they are leaving the state soon.

Before giving a recorded statement or signing anything, it is wise to speak with a lawyer who can explain your rights and prevent unfair blame shifting or undervaluing of your injuries.

Contact a Colorado Based Injury Firm With Experience Assisting Visitors

The right law firm understands the unique stresses visitors face after a crash and knows how to navigate jurisdiction, insurance, and practical complications. Cook Bradford and Levy regularly represents tourists, business travelers, and out-of-state drivers who are injured in Colorado.

How Cook Bradford and Levy Builds Strong Cases for Tourists and Out-of-State Drivers

Comprehensive Investigation

Accurate reconstruction of what happened is essential. A thorough investigation may include obtaining police reports, reviewing video evidence, interviewing witnesses, securing vehicle data, and working with experts when needed.

Familiarity with mountain passes, ski towns, and high traffic tourist areas allows an experienced firm to anticipate which evidence sources are available and how quickly they must act.

Careful Analysis of Jurisdiction and Venue

Tourist accident cases can involve strategic decisions about where to file suit and which parties to include. Colorado courts have issued several decisions clarifying the scope of personal jurisdiction over out-of-state individuals and companies. A knowledgeable lawyer uses these precedents to ensure that defendants cannot avoid accountability by claiming they do not belong in Colorado courts.

Maximizing Compensation for All Categories of Loss

Tourist accident victims experience the same categories of damages as any other injured person, but often with additional complications. Recoverable damages may include:

• Medical expenses in Colorado and at home
• Future medical care
• Lost income and diminished earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Property damage including rental cars, personal belongings, or recreational equipment

Colorado follows modified comparative negligence. As long as the injured person is less than 50 percent at fault, they may recover damages, reduced by any percentage of their own responsibility. Insurers sometimes try to blame tourists for being unfamiliar with local conditions, which makes strong evidence collection essential.

Talk With Cook Bradford and Levy About an Out-of-State Driver or Tourist Accident

A crash far from home is overwhelming. You must deal with unfamiliar roads, unfamiliar laws, and sometimes unfamiliar medical systems. You may worry about how to pursue a claim once you return home or how to ensure that insurance companies treat you fairly.

Cook Bradford and Levy has built a reputation for standing up to insurers, handling complex multi state personal injury cases, and helping both residents and tourists rebuild their lives after serious accidents. The firm offers free consultations and works on a contingency fee basis, meaning clients pay nothing unless compensation is recovered.

If you were hurt in Boulder County or elsewhere in Colorado as a tourist or by an out-of-state driver, you do not have to face the legal system alone. Speaking with a firm experienced in these specific cases can provide clarity, confidence, and a clear path forward.