Colorado Springs Motorcycle Truck Accident: Who's Liable When a Semi Hits a Rider

TL;DR - Key Takeaways

• A Colorado Springs motorcycle truck accident claim can reach the truck driver, the motor carrier, and a freight broker that negligently hired the carrier.
• Carriers only have to keep hours-of-service records for 6 months under 49 CFR § 395.8(k)(1) and maintenance records for 1 year under 49 CFR § 396.3(c).
• Under Colorado comparative fault law, C.R.S. § 13-21-111, a rider found 50% or more at fault recovers nothing.
• Injury lawsuits have a three-year deadline under C.R.S. § 13-80-101(1)(n)(I). Wrongful death actions have two years from the date of death under C.R.S. § 13-80-102(1)(d).

You're riding south on I-25 through Colorado Springs when a tractor-trailer moves into your lane. In 2024, 5,340 people died in crashes involving large trucks nationwide, and 70% of them were occupants of other vehicles, according to NHTSA. A Colorado Springs motorcycle truck accident brings in parties a car crash doesn't, including a motor carrier and its insurer.

At Metier Motorcycle Lawyers, Patrick DiBenedetto and our team represent riders hurt in these crashes across El Paso County. "When a semi hits a rider, the trucking company has the evidence," says Patrick DiBenedetto, Partner at Metier Law Firm and a lifelong rider. "Federal rules only require the carrier to keep its driver logs for six months. We send a written preservation demand in the first days of the case. It names the logs, the engine data, and the maintenance file."

Who Is Liable in a Colorado Springs Motorcycle Truck Accident

So who is liable when a truck hits a motorcycle? That turns on who was driving and which companies controlled or hired the truck.

The Truck Driver

The driver answers for his or her own negligence, such as an unsafe lane change or a left turn across your path.

The Motor Carrier

Federal rules make the carrier keep a qualification file on each driver under 49 CFR § 391.51. The carrier must also inspect, repair, and maintain its trucks under 49 CFR § 396.3. If an owner-operator leased the truck to the carrier, 49 CFR § 376.12(c)(1) requires the lease to give the carrier exclusive possession, control, and use of the truck. The lease must also state that the carrier assumes complete responsibility for operating it.

A Freight Broker That Hired the Carrier

On May 14, 2026, the U.S. Supreme Court decided Montgomery v. Caribe Transport II. The case involved a freight broker that hired the carrier. The Court held that a negligent-hiring claim against the broker falls within the safety exception to the Federal Aviation Administration Authorization Act (FAAAA), which saves the claim from preemption.

Evidence to Preserve After You're Hit by a Semi on a Motorcycle

The crash report from the Colorado Springs Police Department, El Paso County Sheriff's Office, or Colorado State Patrol still matters. In a Colorado Springs motorcycle truck accident, the carrier's own files add four more sources of proof.

Electronic Logging Device Records

Unless an exception applies, 49 CFR § 395.8(a)(1) requires a motor carrier to have each driver log duty status on an electronic logging device (ELD). Under § 395.8(k)(1), the carrier only has to keep them for 6 months from the date it receives them.

Engine Control Module Data

A 2002 NHTSA working group report found that Detroit Diesel's engine control module (ECM) data included hard-brake incidents and last-stop records. We ask that the module be downloaded before the truck goes back into service.

The Driver Qualification File

Under § 391.51(b), this file holds the driver's job application, driving record checks, road test certificate, and medical certificate. The carrier keeps it while the driver works there and for three years after under § 391.51(c). Annual record reviews and medical certificates can be removed three years after they're signed, under § 391.51(d).

Inspection and Maintenance Records

These records show the date and nature of each inspection, repair, and maintenance job. The carrier keeps them for 1 year where the truck is housed or maintained, and for 6 months after the truck leaves its control, under § 396.3(c).

If you've been hurt in a motorcycle crash and need answers, call us at 833-4-MOTO-LAW (833-466-8652) or schedule a free consultation at www.metierlaw.com.

Truck Insurance Minimums Compared With Colorado's

After a commercial truck motorcycle crash, two different minimums can apply. Colorado's limits under C.R.S. § 10-4-620 are $25,000 for injury to one person, $50,000 for everyone hurt in one crash, and $15,000 for property damage.

A for-hire carrier hauling nonhazardous property in interstate commerce, in a vehicle rated 10,001 pounds or more, must have at least $750,000 in liability coverage under 49 CFR § 387.9. The FMCSA lists the same figure.

Under 49 CFR § 387.3, that federal minimum doesn't apply to a private carrier hauling its own nonhazardous goods. The same goes for a for-hire carrier hauling nonhazardous property only in intrastate commerce.

If you carry underinsured motorist coverage, C.R.S. § 10-4-609(1)(c) makes it pay the gap between the truck's liability limits and your damages, excluding exemplary damages, up to your own limit. Read more about uninsured motorist coverage for Colorado Springs riders and the first steps after a Colorado Springs motorcycle crash.

How Colorado Comparative Fault Works in a Truck Case

Under C.R.S. § 13-21-111(1), your negligence doesn't bar recovery if it was "not as great as" the defendant's. Your damages drop by your percentage. Subsection (3) bars recovery when your share equals or exceeds the defendant's. In a case against one defendant with $100,000 in damages:

• Rider found 49% at fault: recovers $51,000
• Rider found 50% at fault: recovers nothing

Unless defendants consciously conspired, each one pays only its own share of fault under C.R.S. § 13-21-111.5. A defendant can also ask the jury to assign fault to someone you didn't sue. It must give notice within 90 days after the case begins, unless the court allows more time, under § 13-21-111.5(3)(b). No defendant pays that share, so we identify the driver, the carrier, and any broker early.

In our Colorado Springs motorcycle truck accident cases, the carrier's insurer asks about the rider's speed and lane position first. We answer with the ELD logs and engine data.

Filing Deadlines for Injury and Wrongful Death Claims

A lawsuit for bodily injury from the use or operation of a motor vehicle must be filed within three years under C.R.S. § 13-80-101(1)(n)(I). A wrongful death action has two years under C.R.S. § 13-80-102(1)(d). That clock starts on the date of death under C.R.S. § 13-80-108(2). The period is four years under § 13-80-102(2) when the defendant committed vehicular homicide and, in the same criminal episode, left the scene.

Frequently Asked Questions

Who can be sued after a Colorado Springs motorcycle truck accident?

The driver and the motor carrier come first. A freight broker that negligently hired an unsafe carrier can also be named. In May 2026, Montgomery v. Caribe Transport II held that the FAAAA's safety exception saves that claim from preemption.

What evidence should I ask for after being hit by a semi on a motorcycle?

Ask for the ELD records, engine control module download, driver qualification file, and maintenance records. Put the request in writing early.

Can I recover if I was partly at fault for a crash with a truck in Colorado?

Yes, if your negligence was less than the defendant's under C.R.S. § 13-21-111. Your award drops by your percentage. In a case against one defendant, a share of 50% or more means you recover nothing.

How long do I have to file a lawsuit after a truck crash in Colorado?

After a Colorado Springs motorcycle truck accident, you have three years to file an injury lawsuit under C.R.S. § 13-80-101(1)(n)(I). A wrongful death action has two years from the date of death under C.R.S. § 13-80-102(1)(d).

When the Other Vehicle Is a Commercial Truck

We ride I-25 and Powers Boulevard too, and we know what it's like to share a lane with a loaded semi. These claims depend on naming every responsible company and securing the carrier's records before they can be discarded. Our Colorado Springs motorcycle accident attorney team at Metier Law Firm can review your Colorado Springs motorcycle truck accident claim before you talk to the carrier's insurer.

Call Metier Motorcycle Lawyers at 833-4-MOTO-LAW (833-466-8652) or schedule your free consultation today at www.metierlaw.com.

Disclaimer: Past results discussed should not be considered a guarantee of your results as the factors of every case are individually unique. This content is for informational purposes only and does not constitute legal advice. Consult a qualified attorney from Metier Law Firm regarding your individual situation for legal advice.