Legal representatives of the families of two women killed in a tragic Jeep accident in Colorado are pursuing a wrongful death lawsuit against the tour company and the estate of the driver involved. The incident, which occurred in September 2022, has raised serious questions about the driver’s background and the company’s responsibility.
Incident Overview
The fatal crash involved a 2022 Jeep Gladiator driven by 72-year-old Don Fehd, who, according to reports, had only recently been assigned to drive due to an absence of the usual driver. The Jeep, carrying Felh and two passengers, Diana Robles (28) and Ofelia Perez (60), fell over a 260-foot cliff along Camp Bird Road near Ouray, Colorado.
The incident killed all three individuals, though Feld was ejected from the vehicle while Robles and Perez remained secured inside by their seatbelts. The Jeep ultimately landed on its roof near Canyon Creek.
Lawsuit Details
The lawsuit, filed in 2024, names the estate of Fehd, the tour company Colorado West Jeep Rentals and Tours, and its ownership as defendants. Legal representatives for the families assert that Fehd’s alcohol consumption may have contributed to the accident, citing a post-mortem blood alcohol content (BAC) of 0.027%. They argue that the blood draw occurred too long after the crash for an accurate assessment of his BAC at the time of the incident, implying it could have been significantly higher.
The Colorado legal limit for impaired driving is 0.08%. The complaint states, “There was alcohol in Mr. Fehd’s system at the time of the crash.”
Evidence and Investigation Findings
Further insights were gathered from communications found on Fehd’s cell phone. Investigators discovered that he had engaged in a Zoom conference with members of an Alcoholics Anonymous group shortly before the accident. Additionally, messages revealed that the tour company’s owners were aware of his last-minute involvement in the tour, indicating a lack of due diligence in confirming his suitability to drive.
Communication Breakdown
In a text conversation dated just before the tour, a co-owner of the tour company expressed concern about Fehd’s readiness, noting: “Rich is not here. He is usually making breakfast. I would say he is going to be a no-show.” In response, Fehd assured that he was getting dressed and on his way.
Allegations Against the Tour Company
The lawsuit emphasizes that the tour company allegedly hired Fehd despite knowledge of past alcohol-related issues. It contends that this hiring decision directly led to the tragic events. Colorado State Patrol’s investigation indicated that neither excessive speed nor reckless driving were contributing factors to the crash. They noted Fehd “drove straight off the road and over a cliff without any indication of evasive maneuvers or emergency braking.”
Current Legal Proceedings
The wrongful death case is currently being processed in a federal court in Denver. Both parties have been allotted a year to exchange evidence as part of the ongoing litigation. The outcome of the case could have significant ramifications for the tour company and its accountability in operating their tours safely.
