Who Is Liable for a Spinal Cord Injury in Colorado?

A spinal cord injury can be catastrophic, completely upending the physical, emotional, and financial stability of victims and their families. Establishing spinal cord injury liability is critical for identifying your legal options and securing full and fair compensation.

Denver spinal cord injury lawyers at Burg Simpson perform exhaustive investigations into an array of traumatic incidents. We understand that a severe neck or back injury can cost millions of dollars. That is why we fight to hold all liable parties accountable for the cost of lifelong care, specialized medical equipment, and rehabilitation you will need.

If you or a loved one has suffered a life-altering spinal cord injury due to the negligence of another party, we are here to help you navigate the process and ensure your rights are protected. To speak with a Denver spinal cord injury lawyer at Burg Simpson, call us today at 303-792-5595.

Spinal Cord Injury Liability: What Is It?

Liability for a spinal cord injury refers to the legal responsibility assigned to a party for causing harm through a failure to act with reasonable care. To successfully establish liability under Colorado law, an injured victim must legally demonstrate that the defendant(s):

• Owed them a duty of care
• Breached the duty through reckless or careless behavior
• Caused them to suffer injury

Proving liability in complex catastrophic injury cases is inherently technical, often involving complex medical evidence regarding whether the trauma resulted in a complete or incomplete spinal cord injury. If spinal cord injury liability can be established, the plaintiff may pursue economic and non-economic damages for losses such as:

• Medical bills, both current and future
• Lost wages and long-term loss of earning capacity
• Trauma experienced due to physical disability and/or severe disfigurement
• Pain and suffering, mental distress, anxiety, and loss of enjoyment of life

Who Can Be Held Liable for a Spinal Cord Injury in Colorado?

The liable party or parties in a Colorado personal injury claim depend on the specific circumstances. Potential defendants in a spinal cord injury case may include:

Negligent Drivers in Car & Truck Accidents

Careless and reckless motorists who choose to drive while distracted, intoxicated, or fatigued may cause high-impact collisions resulting in permanent spinal cord damage to other drivers on the road. Victims may suffer spinal cord injuries in a number of scenarios:

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Bicycle Accidents
• Pedestrian Accidents

Commercial trucking operations and their drivers are regulated at the state and federal level. Liability for a spinal cord injury accident may extend to multiple parties if the crash occurred due to violations of the Federal Motor Carrier Safety Administration regulations.

Employers and Commercial Entities

Employers across Colorado have a legal obligation to:

• Maintain a reasonably safe work environment
• Provide proper safety equipment
• Adhere to strict safety guidelines

When a supervisor or a business entity fails to adequately train their staff or forces workers into unsafe scenarios that culminate in a devastating fall or construction site injury, a business or other commercial entity may be held legally accountable.

You may be entitled to workers’ compensation as well as have claims against one or more negligent third parties. A knowledgeable attorney can explore all of your legal options after a spinal cord injury and pursue all available avenues for recovery.

Learn how Burg Simpson can help.

Property Owners

Under the Colorado Premises Liability Act, property owners, landlords, and commercial managers have a legal duty to maintain safe premises and warn visitors of known hazards. Severe spinal cord trauma may occur due to preventable slip-and-fall incidents caused by icy walkways, unlit stairwells, broken handrails, or structural collapses on commercial properties.

Falls are among the leading causes of spinal cord injuries. If you were injured on someone else’s property, you may be able to recover compensation through a premises liability claim.

Manufacturers of Defective Products

A manufacturer, designer, or distributor may be held liable if a product failed during normal use. For example, defective automotive components may exacerbate or directly cause permanent paralysis. These include:

• Failing airbags
• Seatbelt malfunctions
• Weak vehicle roof structures that crush during a rollover

Medical Providers

Healthcare practitioners, including surgeons, anesthesiologists, and chiropractors, are bound by a strict medical standard of care when treating patients. Medical malpractice may lead to direct spinal cord trauma through:

• Surgical errors during complex back and neck procedures
• Failure to properly immobilize a patient with a suspected vertebral fracture
• Negligence in administering anesthesia

Government Entities

Government agencies and municipalities may be held liable for catastrophic spinal cord injuries if the injury stems from poorly maintained public roadways, missing signage, or dangerous conditions inside public buildings.

It is important to note that pursuing a claim against a public entity in Colorado is exceptionally restrictive and is tightly governed by the Colorado Governmental Immunity Act.

Can More Than One Party Be Liable?

Yes, it is very common for multiple independent parties to share legal responsibility for a spinal cord injury.

For instance, liability for a commercial truck accident may involve:

• A negligent truck driver who was speeding
• A trucking company that neglected proper vehicle maintenance
• A third-party manufacturer whose braking system was defective

In these scenarios, Colorado law utilizes a system of several liability. The court will carefully evaluate the actions of all involved parties and assign a specific percentage of fault to each defendant.

For plaintiffs, identifying and naming every single potentially liable entity is paramount. This maximizes the available insurance coverage limits and helps ensure the victims can recover the full financial resources required for lifetime care.

How Colorado’s Comparative Negligence Law Affects Liability

Personal injury claims in Colorado are governed by the doctrine of modified comparative negligence under Colorado Revised Statutes § 13-21-111. Under this statute, an injured plaintiff is legally permitted to recover damages as long as their own share of fault for the underlying accident is less than 50 percent.

If a court finds that the plaintiff bears a portion of the blame, then their financial recovery will be reduced by that exact percentage. For example, if you are found to be 10 percent at fault for a crash because you were going over the speed limit, your damages would be limited to 90 percent.

Insurance companies routinely try to shift the blame onto injured individuals to reduce their payouts or bar recovery entirely. This highlights why robust legal representation is critical for protecting your rights and proving spinal cord injury liability.

What Evidence Is Used to Prove Liability?

Proving liability in a complex spinal cord injury case demands a comprehensive investigation and the collection of diverse types of evidence. A seasoned legal team will work diligently to gather and preserve critical evidence, which often includes:

• Police reports, including any citations issued and the responding officer’s observations
• High-definition video, such as surveillance footage and dashcam recordings
• Photographs of the scene
• Complete, unedited medical records, imaging scans, and surgical logs
• Electronic logging device (ELD) data and black box diagnostics from commercial vehicles
• Formal statements and sworn depositions from eyewitnesses who observed the incident

Beyond immediate physical evidence, experienced law firms also routinely collaborate with specialized experts. Testimony from accident reconstructionists, medical specialists, and life-care planners can help demonstrate exactly how the injury occurred and illustrate the total lifetime financial impact.

Get Help Proving Spinal Cord Injury Liability

Due to the complexity of spinal cord injury claims, consulting with an experienced attorney may be crucial for recovering the maximum compensation you deserve. The accomplished team of trial attorneys at Burg Simpson has more than 50 years of proven success, recovering over $2 billion on behalf of our injured clients.

Our experienced personal injury lawyers have the resources, legal knowledge, and determination to handle the most complex catastrophic injury litigation. We stand up to aggressive insurance corporations and handle every step of your legal claim so you and your family can focus exclusively on healing and rehabilitation.

Contact a spinal cord injury attorney at Burg Simpson by calling 303-792-5595 today for a FREE case evaluation. We are proud to serve accident victims in Denver and across Colorado.