Personal Injury Home Car Accidents Weather-Related Accident

Colorado Springs Weather-Related Accident Lawyer

Written by Timothy R. Bussey · Reviewed by Benjamin Wilcox · Last updated 27 September 2026

Key Takeaways

Deadline: 3 years if a motor vehicle was involved (C.R.S. 13-80-101(1)(n)); 2 years for most other injury claims (C.R.S. 13-80-102).
If you were partly at fault: damages are reduced by your share and barred entirely at 50% (C.R.S. 13-21-111).
Where it is filed: El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903.

Is a driver still at fault if the road was icy?

Yes — weather is not a defence in Colorado, it is a duty.

C.R.S. 42-4-1101(1) requires that no person drive "at a speed greater than is reasonable and prudent under the conditions", which means a speed can be unlawful even when it is below the posted limit. Black ice, snowpack and blowing snow are conditions a driver is required to adjust to, so "I slid" is an admission that the speed was wrong for the road rather than an excuse.

What should I do after a crash in snow or ice?

Photograph the road surface before it is plowed, sanded or melted — within hours it will not exist.

Get the conditions on the record with the responding officer, note whether the road had been treated, and keep anything that timestamps the weather. If the crash happened on a state highway or city street where the treatment itself is in question, the 182-day public-entity notice under C.R.S. 24-10-109(1) may be the deadline that matters, not the three-year one.

Protecting the Rights of People Hurt in Colorado Springs Weather-Related Wrecks

Road conditions in Colorado can be hazardous in the wintertime. With freezing drizzle and snow, ice can develop on the roadways, leading to numerous accidents and injuries. In 2021, 672 people were killed on state roadways. El Paso County was ranked as the number one deadliest county in the state, with 77 traffic fatalities, as reported by Out There Colorado.

What Makes Colorado Roads So Dangerous in Inclement Weather?

Average snowfall across the state of Colorado is 67.30 inches per year, as stated on World Population Review. Even when drivers take precautions, winter weather and icy roads are a common cause of collisions in Colorado. Any type of precipitation – rain, sleet, snow, or ice – can increase the risk of a crash for motorists on the roadways.

Rain: Rain can reduce visibility, reduce traction, increase the time required to stop, and lead to hydroplaning – when a vehicle slides uncontrollably on the road surface.
Snowy conditions: Snow or sleet can accumulate on the roof of the car, hide traffic signs and signals, and cause whiteout conditions in which visibility is dramatically reduced.
Icy conditions: Ice on the road can lead to a total loss of control of a vehicle. Drivers can hit a patch of ice and go into a spin. Black ice can be particularly dangerous, as it is not visible to drivers.
High winds: A high crosswind can rock a vehicle from side to side, creating a risk of loss of control. It can also raise dust and debris, reducing visibility.
Fog: Mist and fog cause weather conditions in which it is difficult for drivers to see. This can lead to accidents and injuries.

How Does Irresponsible Driving Behavior Make Roads More Dangerous for Others?

People who drive irresponsibly make the roads even more hazardous for others in inclement weather conditions. Weather-related collisions can occur when drivers:

Speed or drive too fast for conditions
Fail to yield to other vehicles
Turn or merge suddenly
Disregard traffic signs and signals
Brake improperly
Text, talk on the phone, or otherwise drive distracted
Tailgate other vehicles
Make sudden, improper lane changes or other aggressive driving maneuvers
Drive with malfunctioning lights or vehicle equipment

What Injuries Could Victims Sustain Through the Negligence of Other Drivers?

Car accidents can cause many different types of injuries, ranging from minor to serious or catastrophic to fatal. Common injuries in weather related crashes include head trauma, facial injuries, bone fractures, neck and back injuries, soft tissue damage, lacerations, contusions, amputation, internal injuries, and death.

What Types of Compensation Are Available for an Accident Caused by Negligence?

Compensation for a weather-related accident caused by driver negligence will depend on the extent and severity of your injuries and the circumstances of your case. Damages you may entitled to claim may include:

Past and future medical expenses
Rehabilitation and physical therapy
Nursing care
Medical devices
Loss of future earning potential
Property damage
Physical pain and suffering
Emotional trauma
Mental anguish
Loss of enjoyment of life
Loss of consortium

Our Colorado Springs personal injury attorneys can investigate your accident, assess the full extent of your losses, and pursue all forms of compensation on your behalf.

Why Choose The Bussey Law Firm, P.C.?

Our founding attorney, Timothy Bussey is a former district attorney, who understands how the other side works and knows how to counter insurance company strategies. If you have suffered serious injuries in a severe weather crash caused by someone else’s negligence, call us at (719) 475-2555 to schedule a free consultation.

Frequently Asked Questions – Weather-Related Accident Injuries in Colorado Springs

If you have further questions or require assistance with your weather-related accident injury, don’t hesitate to contact us. We’re here to provide the legal experience and support you need during this challenging time.

What should I do immediately after a weather-related accident in Colorado Springs?

After a weather-related accident, your safety and well-being are top priorities. If you or anyone else is injured, seek medical attention immediately. If it’s safe to do so, move your vehicle out of the traffic if it’s causing a hazard. Call the police to report the accident, exchange information with the other party involved, and gather evidence if possible. It’s also wise to consult with a Weather-Related Accident Lawyer to ensure you’re taking the right steps legally.

How do I know if I have a valid personal injury claim after a weather-related accident?

To determine if you have a valid personal injury claim, several factors need to be considered. This includes the extent of your injuries, who was at fault, and whether negligence played a role in the accident. Consulting an attorney experienced in weather-related accident cases can help assess the strength of your claim.

What if I was partially at fault?

Colorado follows a modified comparative negligence system. This means that even if you are partially at fault, you can still recover damages. However, your compensation may be reduced in proportion to your degree of fault. An attorney can help navigate the complexities of such cases and work to maximize your compensation.

How long do I have to file a personal injury claim after a weather-related accident in Colorado Springs?

In Colorado, a claim from a weather-related vehicle crash generally must be filed within three years from the date of the accident (C.R.S. 13-80-101(1)(n)); most other personal injury claims have two years. However, it’s essential to consult with an attorney promptly, as there may be exceptions or nuances depending on the circumstances of your case.

What types of compensation can I seek for my weather-related accident injury?

You may be eligible for various forms of compensation, including medical expenses, lost wages, property damage, pain and suffering, and more. The specific compensation you can pursue depends on the details of your case. An attorney can help you understand and seek the appropriate compensation for your situation.

How can The Bussey Law Firm, P.C. assist me with my weather-related accident injury case?

At The Bussey Law Firm, P.C., our experienced Weather-Related Accident Lawyers in Colorado Springs are dedicated to providing you with legal guidance and support. We can help you determine the strength of your claim, negotiate with insurance companies, gather evidence, and ensure that you receive full and fair compensation. We offer free consultations to assess your case and will work tirelessly to protect your rights and achieve the best possible outcome for you.

How long do I have to file this claim in Colorado?

Three years from the crash, because this is a tort action for bodily injury arising out of the use of a motor vehicle under C.R.S. 13-80-101(1)(n) — a year longer than Colorado's general tort deadline. If a city, county, district or state vehicle or roadway is involved, a far shorter clock governs first: written notice within 182 days under C.R.S. 24-10-109(1), which that statute calls "a jurisdictional prerequisite" whose failure "shall forever bar any such action".

What does a winter crash claim cost to pursue?

Nothing up front, and nothing at all unless there is a recovery. A winter crash review is free and the firm is paid a percentage of what it recovers rather than by the hour, so asking costs nothing. Call (719) 475-2555.

Does bad weather excuse a driver in Colorado?

No. Drivers are required to drive reasonably for the conditions, which means below the posted limit when the road is wet, icy or visibility is poor. Weather explains a crash; it does not excuse one.

Where is a weather-related claim filed?

In the El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903 — the district court serving El Paso County. Most claims settle without a court appearance; if one does not, the lawsuit is filed there and must be filed before the deadline runs.

Why is the weather record itself evidence?

Because it establishes what the conditions actually were at that hour, against which the driver's speed is measured. Archived observations for Colorado Springs are retrievable long after the crash.

How is speed established?

From the vehicle's event data recorder, the scene marks and the damage. "I was under the limit" is not the standard the driver is measured against.

What Are the Colorado Deadlines and Rules on This Claim?

Which deadline applies depends on how the injury happened, not on what it is called. Colorado gives three years to a claim arising from the use or operation of a motor vehicle and two years to most other injury claims. Missing the deadline normally ends the claim regardless of its merits.

Colorado deadlines and rules that apply to this claim
A claim arising from the use or operation of a motor vehicle	3 years — C.R.S. 13-80-101(1)(n)
Most other personal injury claims	2 years — C.R.S. 13-80-102
If you were partly at fault	Damages reduced by your share, barred at 50% — C.R.S. 13-21-111
Where a Colorado Springs claim is filed	El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903

Sources and References

Deadlines are cited by section to the Colorado General Assembly’s published 2024 revised statutes. This page is general information, not legal advice, and does not create an attorney-client relationship.

Past results do not guarantee future outcomes. Every case is decided on its own facts.