Colorado’s mountains offer world-class skiing and snowboarding, but they also bring real risks, especially when someone else’s careless behavior causes an accident. Skier-skier collisions are among the most common types of ski- or snowboard-related injuries, and many victims assume these accidents are simply “part of the sport.” In reality, if another skier or a ski resort acted negligently and caused your injuries, you may have the right to pursue compensation.
Understanding how negligence works on the slopes, what evidence strengthens your claim, and when a ski resort may be held liable is essential to protecting your rights. Here’s what you need to know about your rights when you suffer a skier-skier collision and think you may have a case of a personal injury claim.
Understanding Negligence on the Slopes: What the Law Expects From Skiers
Colorado law places clear responsibilities on skiers. Under the Colorado Ski Safety Act, every skier must maintain control of their speed and direction and avoid people or objects downhill. When a skier violates these rules by skiing too fast, failing to yield, or behaving recklessly, they can be considered negligent.
Some common examples of skier negligence include:
Skiing too fast for the conditions
Texting or using a phone while skiing
Losing control in crowded areas
Cutting blindly into trails
Stopping in areas with poor visibility
Skiing under the influence
In a skier-skier collision case, proving negligence often means demonstrating that the uphill skier failed to follow these safety responsibilities. The downhill skier has a responsibility to maintain control and speed, but Colorado courts generally presume that the uphill skier is responsible because they have the best view of what’s below them and the greatest ability to prevent a crash. So, if you were hit from behind, this presumption strongly supports your claim, but additional evidence is still vital.
How to Build a Strong Claim After a Skier-Skier Collision
In ski-collision cases, timely and thorough documentation can make or break your claim. After an accident, you should take the following steps as soon as possible in order to protect your rights and help your legal case:
1. Report the Accident Immediately
Notify ski patrol and request that they document the scene. Their report may include witness names, the location of the crash, weather conditions, trail difficulty, and initial statements from both parties. These details often become crucial evidence.
At Bowman Law, our expert attorneys can help guide you on what to do after an accident, whether related to skiing or another type of crash.
2. Gather Witness Statements
Ski collisions often happen in busy areas: lift lines, trail merges, slow zones, or green runs. You may not think witness statements carry a lot of weight for legal proceedings, but even one credible witness can significantly strengthen your negligence claim. Eyewitnesses may have seen the other skier lose control or behave recklessly. Be sure to get names, phone numbers, and any recorded statements after a crash, if possible.
3. Take Photos and Video of the Scene
After a crash, you or someone else should document the scene to help law enforcement, insurance professionals, and attorneys collect evidence for your case. Be sure to document the following:
Your injuries
Equipment damage
Trail signs or warnings
Starting points and collision point
Visibility and snow conditions
These visuals support your memory and help accident reconstruction experts if your case requires them.
4. Seek Medical Care Right Away
Injuries like concussions, fractures, and internal trauma are common in ski crashes, and delayed treatment can worsen them. Medical documentation also creates a clear, time-stamped record that connects the collision to your injuries.
Your skis, helmet, bindings, and clothing may contain physical evidence like impact marks, broken components, or transfer marks from the other skier. After a crash, do not repair or dispose of anything until your attorney advises you to, as your equipment could prove helpful for different legal processes.
When Is a Ski Resort Liable? Understanding Resort Negligence
Many people assume ski resorts cannot be held responsible for accidents because skiing is an “inherently dangerous activity.” While it’s true that resorts are protected from some types of lawsuits under the Ski Safety Act and your lift ticket waiver, they can be held liable for certain preventable hazards.
Provide reasonable crowd control in congested zones
Train or supervise ski patrol correctly
Warn skiers about known dangers
For example, if a resort allows a high-speed merging area to become overcrowded with no signage or monitoring, and a skier collision occurs due to the chaos, the resort may share some responsibility.
Although skier-skier collisions typically involve individual negligence, a resort can be liable if its actions contributed to the conditions that caused the crash, such as:
Unmarked intersections or abrupt terrain changes
Malfunctioning or poorly placed safety fencing
Failure to enforce slow zones
Lift-unloading hazards that create sudden bottlenecks
Proving resort liability often requires technical evidence, expert analysis, and a thorough understanding of Colorado ski law. This is where one of our experienced personal injury attorneys from Bowman Law can provide meaningful guidance and support.
Proving Negligence: What Evidence Makes the Biggest Impact?
To prove negligence against another skier or a resort, you must establish four key elements:
Duty of care: The other party had a responsibility to behave safely.
Breach of duty: They acted in a way that violated safety rules or industry standards.
Causation: Their behavior directly caused your injuries.
Damages: You suffered physical, financial, or emotional harm.
In order to prove these elements, you need the right evidence. Some types of evidence that help establish these realities include:
Ski patrol reports
Eyewitness accounts
Video footage from cell phones, GoPros, or resort cameras (if available)
Medical records showing the extent of your injuries
Expert testimony, such as ski safety specialists or accident reconstruction experts
Trail maps and resort maintenance records
For additional background, the National Ski Areas Association (NSAA) publishes public responsibility guidelines on skier responsibility and safety. These can be helpful external references when establishing what “reasonable care” should look like.
Why Working With a Personal Injury Lawyer Matters
Ski collision cases can be complex. Resorts have legal teams, insurers push to minimize payouts, and negligent skiers often deny responsibility. Bowman Law’s personal injury attorneys ensure your rights are protected and that you collect the necessary evidence before it disappears. Bowman Law Firm can help you:
Identify whether the other skier, the resort, or both are liable
Preserve and obtain crucial evidence
Analyze ski patrol reports and expert findings
Confirm whether applicable homeowner’s or renter’s insurance is available
Negotiate with insurers
File a lawsuit if necessary to secure fair compensation
Whether you suffered physical, emotional, or property damages, our team is committed to helping you pursue the compensation you deserve.
Injured in a Skier-Skier Collision? Bowman Law Firm Can Help.
If you were hurt because another skier behaved recklessly, or a resort failed to keep its terrain safe, you don’t have to handle the aftermath alone. From managing medical bills to navigating insurance disputes, our team is here to advocate for your recovery and navigate your personal injury claim every step of the way.
Contact Bowman Law Firm for a free consultation and learn how we can help you pursue justice after a ski-related injury.
Jerry Bowman
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.
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