When you’re injured in an accident, determining who was at fault is often one of the most important steps in pursuing compensation. But what happens if both parties share some responsibility?
In Colorado, the answer lies in a legal principle called comparative negligence. Understanding how this rule works can make all the difference in your personal injury claim and can be the defining factor in your ability to pursue legal action.
What Is Comparative Negligence?
Comparative negligence is a legal principle used in personal injury cases to decide how fault is shared when more than one person contributes to an accident. Instead of placing all the blame on one party, this system recognizes that multiple people can play a role in causing injuries, even the person who got hurt.
In Colorado, fault is shared, and you can still recover damages if you are less than 50% at fault. But if you’re found to be 50% or more responsible, you won’t be able to recover any compensation. For example, if you were awarded $10,000 but found 20% at fault, you’d receive $8,000.
Colorado’s approach is meant to be fairer than older rules that completely blocked injured people from recovering anything if they were even slightly to blame. So, even if you think you might share some responsibility, you could still have a strong case.
If you’ve been in an accident and are unsure how your level of fault might affect your ability to recover damages, it’s worth speaking with one of our personal injury lawyers, who can walk you through your legal options and see if you have a viable case.
Comparative vs. Contributory Negligence
Not all states handle shared fault the same way. Here’s a quick look at the three main systems:
- Contributory Negligence: This is the strictest system and is only used in a few states. If you’re even 1% at fault for the accident, you can’t recover any compensation—no matter how serious your injuries are.
- Pure Comparative Negligence: In states that follow this model, you can still recover damages regardless of how much you were at fault—even if you were 99% responsible. However, your compensation is reduced by your percentage of fault.
- Modified Comparative Negligence: Colorado uses this middle-ground approach. As mentioned above, you can recover damages as long as you were less than 50% at fault.
Understanding these differences is important because the rules in your state will directly impact your ability to recover compensation.
Accidents happen, but when they’re caused by someone else’s carelessness, you shouldn’t have to bear the burden alone. Our experienced personal injury attorneys are ready to fight for the compensation you deserve.
How Is Fault Determined in a Colorado Accident?
Assigning fault isn’t always black and white. It’s often based on detailed investigations, insurance company reviews, police reports, and, if a case goes to trial, the evidence presented in court. Some of the evidence that can help build a strong case includes:
- Witness testimony: Statements from individuals who observed the accident can provide insights into the events and identify potential at-fault parties.
- Accident reconstruction: Experts can analyze evidence like vehicle damage, skid marks, and photos to recreate the accident and offer opinions on its cause and contributing factors.
- Police reports: Law enforcement often investigates accidents and creates reports that may include their findings on the cause.
- Video surveillance: Footage from security cameras or dashcams can provide a visual record of the incident.
- Medical records: These documents detail the plaintiff’s injuries and help establish damages resulting from the accident.
- Expert testimony: Professionals like medical experts can explain injuries, while accident reconstruction experts can identify fault.
Insurance companies typically begin their own investigations as soon as a claim is filed. While they play a key role in early fault assessment and settlement offers, it’s important to remember that they may try to reduce what they pay by arguing that you were partly or mostly at fault, so it is best not to discuss any information with the other party’s insurance company or sign any settlement offer letter before discussing with an attorney.
Get Help After an Accident in Colorado
Don’t let confusion about fault stop you from getting the help you deserve. At Olson Personal Injury Lawyers, we understand that accidents are rarely clear-cut, and being partially at fault doesn’t mean you’re out of options. Colorado’s comparative negligence laws are complex, but you don’t have to navigate them alone.
Our team offers a free, no-obligation case review to help you understand your rights and whether you may be eligible for compensation. We’ll take the time to listen to your story, review the facts, and give you honest, straightforward advice about your legal options.
You’ve been through enough; let us take it from here. Call us today at (800) 800-9889 or contact us online to schedule your free consultation.
