When a traffic injury lawsuit is filed in Colorado, the allegations often include a charge of negligence per se. This means the fact of negligence is established by proving the at-fault driver violated a traffic statute. The advantage of negligence per se is that an injured person does not necessarily need to prove all the elements of negligence, separately. Proof of violation of the traffic statute can be enough to prove negligence.
Below are common Colorado traffic offenses that can form the basis of negligence per se:
- Failure to yield the right-of-way when turning left in front of approaching traffic. 42-4-702, C.R.S.
- Failure to yield right-of-way when proceeding from a stop sign. 42-4-703(3), C.R.S.
- Following too closely, 42-4-1008(2), C.R.S.
- Careless driving, 42-4-1402(2)(a), C.R.S.
- Reckless driving, 42-4-1401(1), C.R.S.
- Drove vehicle through or within pedestrian safety zone, 42-4-806, C.R.S.
- Changed lanes when unsafe, 42-4-1107(1)(a), C.R.S.
- Failed to yield right of way to pedestrian in crosswalk, 42-4-802(1), C.R.S.
- Speeding, C.R.S. 42-4-1101(1), C.R.S.
- Vehicular eluding creating a substantial risk of bodily injury by operating a vehicle in a reckless manner. 18-9-116.5, C.R.S.
- Vehicular eluding resulting in bodily injury to another person. 18-9-116.5, C.R.S.
- Vehicular eluding resulting in the death of another person, 18-9-116.5, C.R.S.
- Vehicular assault – operated a motor vehicle in a reckless manner which was the proximate cause of serious bodily injury to another person. 18-3-205(1)(a), C.R.S.
- Vehicular assault – while driving under the influence of alcohol or one or more drugs or both, such conduct was the proximate cause of serious bodily injury to another person. 18-3-205(1)(b)(I), C.R.S.
- Vehicular homicide – operated a motor vehicle in a reckless manner which was the proximate cause of death of another person. 18-3-106(1)(a), C.R.S.
- Vehicular homicide – while driving under the influence of alcohol or one or more drugs or both, such conduct was the proximate cause of death to another person. 18-3-106(1)(b), C.R.S.
- Driving under the influence, 42-4-1307, C.R.S.
- Driving while ability impaired, 42-4-1307, C.R.S.