Can Passengers Sue Drivers After a Colorado Car Accident?

 Posted on May 15, 2026 in Car Accidents

All drivers on Colorado roads have the responsibility to operate their vehicles safely. If you're a passenger in someone else’s car, the driver has as much responsibility to keep you safe as they do to keep other drivers safe.

If you were injured in a car accident as a passenger of an irresponsible driver, you have legal options. A Denver, CO car accident attorney can help you understand how to pursue fair compensation in 2026.

Do Passengers Have the Right To Sue a Driver After an Accident in Colorado?

Passengers generally have the right to file a claim or lawsuit against any negligent driver, including the driver of a vehicle they were riding in. This is especially relevant if the accident didn’t involve another vehicle and instead happened purely because of the actions of whoever was behind the wheel.

If the driver of your vehicle was at fault, their liability insurance should cover your damages. If another driver caused the accident, you can pursue a claim against that driver's insurance. In some accidents, both drivers share fault, and you may have claims against both.

Should You File a Claim if the Negligent Driver Was Someone You Know?

Taking legal action against someone you know, particularly if they’re a family member or friend, can be very uncomfortable. Even if it’s obvious that their bad judgment led to you getting injured, you may be hesitant to further strain the relationship by filing a claim.

This is completely understandable. However, you should seriously consider whether you can afford not to recover damages. You should also take into account that the person you know won’t be the one paying you back. Their insurance will. This is precisely the reason auto insurance is available.

It’s true that the driver’s insurance payments may temporarily go up if you file a claim. This is a natural consequence of the other person’s actions. Ultimately, if it’s really the relationship you’re worried about, remember that resentment from having to pay your own damages is likely to be just as damaging, if not more, to the relationship as simply filing the claim and having the hard conversations on the front end.

What Compensation Can a Passenger Recover After a Colorado Car Accident?

Injured passengers may be entitled to compensation for a range of losses, including:

• Emergency and ongoing medical expenses

• Lost income if injuries kept you from working

• Pain and suffering

• Future medical costs if your injuries require long-term care

• Costs related to permanent disability or reduced quality of life

Colorado follows a modified comparative fault rule (Colorado Revised Statutes § 13-21-111), meaning you can recover damages as long as you weren't more than 50 percent responsible for the accident. A passenger, not being in control of the vehicle, is likely to have very little fault assigned to them as long as it’s determined that they weren’t distracting the driver or knowingly riding with someone who is intoxicated.

What Happens When Your Driver and Another Driver Share Fault for an Accident?

Multi-car accidents often involve shared fault between drivers. You may be able to pursue claims against both drivers' insurance policies, depending on how fault is distributed.

Colorado is an "at-fault" state. That means the party responsible for the accident and their insurance is responsible for paying damages. Unlike no-fault states, you don't have to go through your own insurance first.

When multiple parties share fault, the claims process becomes more complicated. An attorney can help you identify all available insurance coverage. They can also track how fault is being divided, and make sure you aren't shortchanged by a settlement that doesn't reflect the full cost of your injuries.

Call Our Denver, CO Car Accident Attorneys Today

If you were injured as a passenger in a Colorado car accident, you may have the opportunity to recover substantial damages. The lawyers at The Gold Law Firm have collected over $100 million in verdicts and settlements for their clients. Our Denver, CO personal injury lawyers are equipped to take on cases of all sizes and complexities. We also offer free consultations. Call The Gold Law Firm at 303-694-4653 today to discuss your case.