Coming down off the Eisenhower Tunnel toward Silverthorne, every trucker checks their brakes twice. A lot of them still end up in the runaway ramp, or worse. If you got hurt on I-70 in the mountains or anywhere on the Front Range, here's how long you have in Colorado.
The truck accident statute of limitations in Colorado appears to be 3 years (motor vehicle) from the date of the crash (C.R.S. § 13-80-101(1)(n)). Wrongful death generally runs 2 years from the date of death. If a government vehicle or entity was involved, formal written notice is generally required first, on its own clock: 182 days. The evidence clock is shorter than all of them.
How current these numbers are
A licensed attorney checked these Colorado figures against the cited statutes on 2026-09-20. Statutes still change (Florida cut its injury period in half in 2023; Louisiana doubled its own in 2024), so confirm with a Colorado lawyer before you rely on them.
A Colorado what-if on I-70
Say you're a flatbed driver heading east on I-70 near Georgetown in a February storm. A CDOT plow working the eastbound lanes cuts across in front of you and you go into the barrier. You spend weeks recovering in Denver and assume the ordinary Colorado deadline applies. It does for some claims. But the state-entity notice in the table below is a separate clock, and Colorado courts treat it very strictly. When a plow truck is part of the story, that notice question can't wait.
What makes Colorado different
Colorado is one of the few states with a longer limitations period specifically for motor vehicle torts — three years rather than the general two — so a truck crash generally gets the longer clock. Wrongful death, however, is written as two. Against that sits a 182-day Governmental Immunity Act notice that Colorado courts treat as jurisdictional: miss it and the claim is gone, full stop.
Colorado truck traffic, from I-70 through the Eisenhower Tunnel and the Western Slope on down
I-70 west of Denver climbs past 11,000 feet, with 7% grades on both sides of the Eisenhower-Johnson tunnels and Vail Pass. Chain laws kick in for commercial vehicles whenever snow hits, and CDOT closes the road regularly for spinouts and avalanche control. Glenwood Canyon is tight and walled in, and rockslides have closed it for weeks. Down on I-25, it's a different fight: nonstop commuter traffic from Pueblo to Fort Collins, sun glare in the morning heading south, and wind gusts near Monument Hill that can push an empty trailer across a lane. Out east on I-76 toward Nebraska, it's ground blizzards in winter, when snow blows across flat ground and visibility vanishes in seconds.
I-70 over the Continental Divide is one of the most demanding stretches of truck route in the country — sustained grades, runaway truck ramps, and winter chain law enforcement. I-25 carries the Front Range's distribution traffic between Pueblo and Wyoming. Crashes pile up on I-70 through the Eisenhower Tunnel and the Western Slope, I-25 (Pueblo–Denver–Fort Collins), I-76 toward Nebraska, US-285 and US-50 and E-470 around metro Denver.
Colorado filing deadlines at a glance
| Deadline | Period | Runs from | Citation |
|---|---|---|---|
| Personal injury lawsuit | 3 years (motor vehicle) | the date of the crash | C.R.S. § 13-80-101(1)(n) |
| Wrongful death claim | 2 years | the date of death | C.R.S. § 13-80-102(1)(d) |
| Notice — state entity | 182 days | the date of the crash | C.R.S. § 24-10-109 |
| Notice — city, county or district | 182 days | the date of the crash | C.R.S. § 24-10-109 |
On the injury period: Colorado's general injury period is two years, but tort actions arising out of the use or operation of a motor vehicle get three. A truck crash falls under the three-year provision.
On the wrongful death period: Colorado courts have applied the three-year motor-vehicle period to some wrongful death claims arising from vehicle crashes. The shorter two-year figure is shown here because the longer reading should not be assumed.
If a government vehicle was involved in Colorado
Shortest government notice window found for Colorado: 182 days (C.R.S. § 24-10-109). It comes due long before the ordinary deadline, it's a precondition to suing, and missing it usually bars the claim entirely. The Colorado Governmental Immunity Act notice is jurisdictional — missing it bars the claim outright. Same CGIA notice for cities, counties, RTD and school districts.
Public fleets you could realistically be hit by here: CDOT plow and maintenance trucks, RTD buses, county road and bridge equipment, and City and County of Denver fleets. Not sure the vehicle was one of these? Work to the shorter deadline until someone confirms otherwise.
If the injured person was a minor
Tolled to age 18 in Colorado under C.R.S. § 13-81-103. The clock generally doesn't start until the injured person turns 18. That pause covers the court deadline, not the evidence: a carrier may destroy a driver's logs six months after the crash no matter the injured person's age, and in many states a government notice deadline isn't tolled for a child either.
When the Colorado clock starts
Applies. C.R.S. § 13-80-108 sets when a cause of action accrues, generally on discovery of the injury and its cause.
Your Colorado dates, calculated
Enter your crash date. Colorado is preselected, and nothing you type is sent anywhere.
The evidence clock runs faster than 3 years (motor vehicle)
- Dashcam and telematics video: often 30 days or less (No federal retention requirement — vendor and carrier policy only).
- ECM / black box data: overwritten as the tractor runs; often lost on repair or resale.
- Driver logs: six months (49 CFR § 395.8(k)(1)).
- Maintenance records: one year while the vehicle is in the carrier's control (49 CFR § 396.3(c)).
- Annual inspection report: 14 months (49 CFR § 396.21(b)(1)).
Until a written preservation letter reaches the carrier, destroying records at the end of a retention period is routine and lawful. The FMCSA regulations and evidence guide explains each record.
Colorado-specific steps worth taking this week
- Colorado State Patrol handles most mountain interstate crashes. Ask the trooper whether chain law was in effect at the time, and write it down.
- CDOT keeps plow GPS and road closure data. If a plow or maintenance truck was nearby, note the unit number on the truck's door or tailgate.
- Photograph the road surface and any runaway truck ramp signs. Grade, weather and brake condition come up in almost every mountain crash.
Crashed near the Colorado line?
A crash a few miles over a border can fall under a different deadline. If you're not sure which state you were in, check both.
| State | Injury deadline | Wrongful death |
|---|---|---|
| Wyoming | 4 years | 2 years |
| Nebraska | 4 years | 2 years |
| Kansas | 2 years | 2 years |
| Oklahoma | 2 years | 2 years |
| New Mexico | 3 years | 3 years |
| Utah | 4 years | 2 years |
Compare any state with the filing deadline calculator, or see the full state index.
Next steps
- Get a preservation letter to the carrier. It's the most time-critical step.
- Confirm whether a government entity was involved. If so, your 3 years (motor vehicle) deadline may give way to 182 days.
- Don't give a recorded statement to the trucking company's insurer.
- Get the Colorado crash report; it names the carrier, DOT number and insurer.
- Have a lawyer licensed in Colorado confirm these dates against the current statute.
Sources
- Hours of Service — records of duty status retention — 49 CFR § 395.8 (Federal Motor Carrier Safety Administration)
- Inspection, Repair, and Maintenance — record retention — 49 CFR Part 396 (Federal Motor Carrier Safety Administration)
- Accident register requirements — 49 CFR § 390.15 (Federal Motor Carrier Safety Administration)
- Large Truck and Bus Crash Facts — Federal Motor Carrier Safety Administration
Federal regulations and crash statistics are updated periodically. Figures cited on this page reflect the referenced publications at the time of writing; check the source for the current edition.