Four months after a fatal crash on a Fort Collins construction project, police have announced a charge. On Monday, July 6, 2026, around 6:20 p.m., a semi-truck working on the project struck a bicyclist at East Mulberry Street and Whedbee Street. Catherine Withrow of Fort Collins died at the scene. The driver stayed. (City of Fort Collins, July 2026)
On Wednesday, November 4, 2026, Fort Collins Police Services said a 64-year-old construction flagger, Rudolph Baldivia, was booked on one count of criminally negligent homicide, a class 5 felony. Police say the semi driver followed established safety protocols. They say the flagger put himself and Withrow in an unsafe place, where the driver could not see either of them. (City of Fort Collins, November 4, 2026; FOX31/KDVR, November 4, 2026)
An answer after months of waiting does not ease a family’s loss. It does change the legal picture.
Under C.R.S. Section 18-3-105, criminally negligent homicide covers a death caused by criminal negligence. Police stress that a charge is only an accusation, and Baldivia is presumed innocent until proven guilty.
The criminal case asks whether a crime occurred. A civil case asks who must answer for the harm, and it uses a lower standard of proof. The two run on separate tracks. A civil claim does not depend on the outcome of the criminal case.
Investigators say the driver was within safety protocols. That points attention away from the truck and toward how the work zone was run. The question is no longer only who stood where. It is who trained the flagger, who supervised him, and who planned the traffic control.
Several parties could be examined in a civil investigation:
• The flagger, whose positioning police have described as unsafe.
• His employer, which can be responsible for an employee’s negligence on the job.
• The contractor in charge of the traffic control plan, flagger training, and site supervision.
• Any other company or agency that owned, designed, or oversaw the project.
Police found the driver within protocols, but a civil case can still test that finding. Records and testimony may add detail that a criminal review did not need.
Work zones follow traffic control standards, including the Manual on Uniform Traffic Control Devices. Those standards address flagger training, placement, and visibility. A civil investigation would compare what the plan required with what happened on July 6.
Colorado uses modified comparative negligence under C.R.S. Section 13-21-111. Fault is divided among everyone whose conduct contributed. Police say the flagger placed Withrow in the unsafe spot, and that bears directly on how any share of fault is assigned to her.
If a government entity owned or oversaw the project, claims against it follow stricter rules under C.R.S. Section 24-10-106. Written notice is required within 182 days under C.R.S. Section 24-10-109. Counted from July 6, that window closes in early January 2027. Nothing reported says a public agency bears responsibility. We raise it because a missed notice deadline cannot be undone.
Under C.R.S. Section 13-21-202, surviving family members can bring a wrongful death claim when another person’s negligence causes a death. C.R.S. Section 13-21-203 covers losses such as funeral costs, lost financial support, grief, and loss of companionship.
The general deadline is two years from the date of death under C.R.S. Section 13-80-102. An employer or contractor may carry commercial liability insurance, which is often the main source of recovery in a work zone crash.
Records held by companies can be lost or discarded over time. Useful items include:
• The traffic control plan and any changes made that day
• Flagger training and certification records
• Daily site logs and communications between the flagger and the driver
• Camera footage from the site and nearby businesses
• Event data from the semi-truck
• Witness statements from construction personnel and bystanders
This post relies on the City of Fort Collins police release and FOX31/KDVR. The charge is an accusation, and the case is ongoing.
Our thoughts are with Catherine Withrow’s family and friends. Bowman Law handles bicycle accident, pedestrian accident, and wrongful death cases across Colorado, including construction zone crashes. If you ever want to talk through your options, we are here whenever you are ready. A conversation costs nothing and carries no obligation.
Call 720-863-6904 or visit coloradopersonalinjuryhelp.com
Owner and Managing Attorney
Jerry Bowman, J.D., M.A., Owner and managing attorney of Bowman Law LLC, takes his responsibility to the legal profession seriously and dedicates his time and effort to providing quality and competent legal representation to clients in Denver and throughout all of Colorado. He holds an MA in Political Science from Wayne State University and earned his law degree in two and a half years from Michigan State University College of Law.
Around 7:50 p.m. on Monday, October 12, 2026, a 53-year-old man riding a bicycle eastbound on 4th Street in Greeley entered the intersection at 11th Avenue without stopping at a ...
Keep Reading
Around 8 a.m. on Monday, August 24, 2026, an 85-year-old cyclist was killed on southbound Highway 119, known locally as the Diagonal Highway, near the intersection with North 83rd Street ...
Keep Reading
Intersections are the most dangerous places for bicyclists. National crash data consistently shows the majority of bike v. vehicle accidents occur where roads meet. For years, cyclists in many states ...
Keep Reading
Return to All News & Resources
