Colorado operates under an “at-fault” system for auto collisions. This means that the party found to be at fault is financially responsible for damages resulting from the accident. If multiple parties share fault, compensation is awarded based on each party’s percentage of responsibility. Because of this system, collecting evidence to prove the other party’s fault is crucial to avoid being held responsible for damages.
Understanding the at-fault system informs you of the insurance negotiations process and your legal rights. Our Denver car accident attorneys can help you determine fault in a car crash and secure the compensation you deserve. Call Olson Personal Injury Lawyers at (970) 633-3673 today to schedule a free consultation.
Key Takeaways
- Colorado’s at-fault system holds the responsible party financially accountable for damages, with fault being assigned based on each party’s level of responsibility in the accident.
- Proving fault requires strong evidence, such as police reports, witness statements, and medical documentation, to ensure you receive the compensation you deserve.
- If you’re facing disputes over fault or dealing with significant injuries, a car accident lawyer can help protect your rights and secure a fair settlement.
Is Colorado a No-Fault State?
No. Colorado is an at-fault state, not a no-fault state. Colorado became an at-fault state in 2003 and follows a modified comparative negligence system.
Under modified comparative negligence, a party found mostly, or more than 50 percent, at fault will be responsible for damages.
What Is Colorado’s At-Fault System for Auto Accidents?
An at-fault system for auto accidents is a legal framework designed to determine the party financially responsible for damages. In Colorado, the at-fault system assigns fault to the individual who is more liable for an accident. This means that if you are found 50 percent or more at fault, Colorado law bars you from recovering compensation from the other party.
By contrast, no-fault systems require each driver’s own insurance to cover specific damages, regardless of who caused the accident. In this context, there are limited circumstances in which you can sue the other driver for damages. However, in an at-fault system, you have the full legal right to sue the other party for compensation, including the following:
- Medical expenses
- Wage loss
- Property damage
- Emotional trauma
- Pain and suffering
MedPay and Uninsured Motorist Coverage
Even in an at-fault system, your insurance company may play a role in cases involving MedPay and uninsured or underinsured motorist coverage. MedPay is a common form of coverage in Colorado that can help cover deductibles or co-pays if you use health insurance. It will pay for medical costs regardless of the percentage of fault. If the at-fault driver lacks the full insurance needed to cover your expenses, underinsured or uninsured motorist coverage can pay for these losses.
It’s best to consult a lawyer who understands Colorado’s at-fault system and how to determine liability in a car collision. Call Olson Personal Injury Lawyers today to speak with a seasoned Colorado attorney about your car accident case—we have a proven track record of getting results.
What If I Wasn’t At Fault, But the Other Driver Is Uninsured or Doesn’t Have Enough Coverage for My Damages?
If you are hit by a driver who lacks sufficient coverage, an optional type of car insurance called Uninsured/Underinsured Motorist (UI/UM) coverage becomes crucial. It is not required in Colorado but is a very good thing to have if an uninsured motorist strikes you. It may also be helpful if the other driver has insurance, but your damages significantly exceed the limits of their policy.
If you have a stacked UI/UM policy, you can collect the limit on the other driver’s liability policy, then the limit on your own policy. To reverse the example from above, if you have $50,000 in damages, and the at-fault driver only has $25,000 in liability insurance, you could get another $25,000 (or more, depending on the policy limit) from your own insurer. In some cases, you can use both MedPay and UI/UM to get more coverage.
Will My Car Insurance Go Up Because of My Accident?
Possibly. Car insurance companies have their own points system, which has nothing to do with the Colorado DMV. That points system determines if you should be allowed to drive – in other words, when you get too many points, the state may revoke your license. The insurance companies use their points system to help determine your premium costs (other factors are also considered).
If you are found to be mostly, or even partly at fault for the accident, there is a good chance your premiums will go up. (Being primarily at fault will usually lead to a sharper increase than being, say, 10 percent at fault.) If you are not found to have any fault in the accident, your rates may or may not go up. If they do, the increase will likely be minimal.
Does a No-Fault Accident Go on Your Record in Colorado?
First, it’s essential to understand that “no-fault” refers to how civil damages are handled after an accident – essentially, who will pay for any losses incurred from the accident. This has nothing to do with your driving record, which the Colorado DMV maintains.
If you are at fault in an accident, there is a good chance the responding officer will issue you a citation, which will go on your driving record. The accident will also show up, but if you are not cited, it probably won’t affect your points score. This means that in a no-fault state like Florida, a car accident could still affect your driving record even if everyone pays their own expenses for the accident.
There are sometimes situations where the police report does not assign fault. This usually happens if the two drivers have different accounts of what happened and the responding officer can’t find evidence to show which driver is correct.
For instance, maybe you get into an accident at a four-way stop. You tell the officer that you had the right of way, but the other driver insists they had the right of way because they arrived first. You insist that you arrived first. There are no other witnesses to the accident. In this case, the officer might write down both your statements and decide they don’t have enough evidence to ticket anyone, resulting in an inconclusive police report.
Would this accident affect your driving record? Probably not. It may appear on your record, but the driver’s license points system only adds points if you are convicted of a traffic violation.
However, the other driver’s insurance company might use the contents of the report to claim that you caused the accident, and that could affect your ability to collect damages in Colorado. If you have been in an accident where the fault is undetermined by the police report, you should talk with an attorney specializing in car accidents immediately.
How Fault Is Proven After a Car Accident in Colorado
Establishing fault is essential for a successful car accident claim in Colorado’s at-fault system. Below, we look at the common types of evidence used to prove liability:
- Police reports document what happened at the scene, whether tickets were issued, and whether arrests were made.
- Witness statements provide a third-party perspective on the scene, which can add validity to your claims of the other driver’s fault.
- Photo and video footage clearly show what took place before and after the accident, including whether the other driver was texting or whether you suffered injuries.
- Vehicle and road damage can help demonstrate the collision’s severity and how it affected property.
- Medical documentation is key to proving damages for injuries and medical expenses.
- Traffic law violations can pinpoint the other driver’s fault by showing they broke the law in some way leading up to the accident, such as texting and driving or being intoxicated.
Insurance companies conduct their own investigations, and fault is not always clear-cut. Our legal team can review your case and gather evidence to prove the other party’s liability.
Examples of Fault in Colorado Car Accident Scenarios
Determining fault is also crucial to securing compensation in a Colorado crash. The following examples illustrate common accident scenarios and how fault is typically assigned under Colorado law.
Rear-End Collisions
The driver who rear-ends the other vehicle is typically at fault for the accident. This is mainly because Colorado traffic laws require motorists to maintain a safe following distance between vehicles. Failure to stop in time to avoid a rear-end collision may indicate distracted driving, speeding, or tailgating. Partial fault may be assigned to the front driver if it can be proven that they hit the brakes suddenly or had a malfunctioning brake light.
Left-Turn Accidents
When a driver makes a left turn and collides with oncoming traffic, they are generally found at fault. This is because Colorado traffic laws expect motorists to accurately judge the gap in traffic and make a sound decision about when to turn. However, the other driver could be held liable if they ran a red light or were found to be speeding. Either way, intersection camera footage can play a significant role in determining fault.
Sideswipes
The driver who makes an unsafe lane change or drifts into another lane is held responsible for a sideswipe accident. These actions violate Colorado laws, which require drivers to stay within a single lane and only change lanes when it is safe to do so. When a sideswipe occurs, the offending motorist typically fails to check their blind spots, use turn signals, or stay focused on the road. Dashcam footage and the vehicle damage can help determine fault in these types of wrecks.
If you or a loved one has been involved in a Colorado collision, do not hesitate to contact Olson Personal Injury Lawyers. During a free consultation, our dedicated attorneys can discuss the specifics of your case and help you understand your rights and options for pursuing a claim. You can also review our testimonials to learn about our clients’ experiences with us.
Car accidents can cause life-altering injuries and leave you with significant financial burdens. If you’ve been hurt due to someone else’s negligence, you may have the right to compensation. Our car accident lawyers are here to help you get justice.
How Comparative Negligence Works in Colorado
With modified comparative negligence, each party’s compensation is reduced by their percentage of fault. However, Colorado uses a 50 percent bar rule to determine how much compensation you can recover in a car accident. This rule limits recoverable damages to those who are 49 percent or less at fault for the incident.
You cannot recover compensation if you are 50 percent or more liable for an accident. For example, if you are 30 percent at fault for an accident that costs $10,000 in damages, you can still secure $7,000 worth of compensation. However, if you are 60 percent responsible for the crash, you are barred from financial recovery.
Common Comparative Negligence FAQS
Can Two People Be At Fault in an At Fault Accident?
In the state of Colorado, two people can share fault in an accident under the doctrine of modified comparative negligence. This is a legal doctrine affecting torts or personal injury cases. Modified comparative negligence acknowledges that two people can contribute to the same accident or injury and share fault. But then, who pays for the damages?
Under modified comparative negligence, a party found mostly, or more than 50 percent, at fault will be responsible for damages. This person’s car insurance carrier will then be expected to pay the other driver’s damages minus the other driver’s percentage of fault. For instance, if you have $50,000 in damages and are deemed 20 percent at fault, you could expect to receive $40,000.
Can I Still Recover Damages If I Was Cited for the Accident?
If you can show that the other driver was mostly at fault, yes, you may be able to recover. Most likely, you will not be able to recover all your damages, but you might be able to receive some compensation. However, if you were cited and the other driver wasn’t, it may be challenging to make a case that the other driver was less at fault than you.
What If I Think My Citation Was Unfair?
If you believe that you were issued a citation for something you genuinely didn’t do, let your lawyer know right away. You can contest the ticket in court, and if you do so successfully, the citation and any associated points will not go on your driving record. However, arguing with the officer at the scene is unproductive and, in some cases, might make things worse. Instead, take the ticket to your attorney and discuss whether it is worth contesting.
Do I Have to Pay the Other Driver’s Damages If I Am Found to Be Mostly At Fault?
Yes, but your liability insurance should cover some or all of it, depending on the policy limits and the amount of damages the other party/parties have. Colorado only requires $25,000 in bodily injury liability and $15,000 for property damage, but these are minimum requirements – you can buy more coverage (this is also highly recommended). If you only have the minimum coverage and the other party has $50,000 in medical bills, you might be responsible for $25,000. But if you had a $100,000 bodily injury liability party, your insurance carrier should cover everything. We say “should” because an individual policy may exclude certain things – your attorney will go over your policy to see if there are any potential issues.
Another benefit to seeking legal counsel right away is that we can work to minimize your damages. For instance, we will look for evidence that the other driver was partly at fault, so the burden on you will be lower if your liability policy doesn’t cover everything.
What If I Wasn’t At Fault, But the Other Driver Is Uninsured or Doesn’t Have Enough Coverage for My Damages?
If you are hit by a driver who lacks sufficient coverage, an optional type of car insurance called Uninsured/Underinsured Motorist (UI/UM) coverage becomes crucial. It is not required in Colorado but is a very good thing to have if an uninsured motorist strikes you. It may also be helpful if the other driver has insurance, but your damages significantly exceed the limits of their policy.
If you have a stacked UI/UM policy, you can collect the limit on the other driver’s liability policy, then the limit on your own policy. To reverse the example from above, if you have $50,000 in damages, and the at-fault driver only has $25,000 in liability insurance, you could get another $25,000 (or more, depending on the policy limit) from your own insurer. In some cases, you can use both MedPay and UI/UM to get more coverage.
Will My Car Insurance Go Up Because of My Accident?
Possibly. Car insurance companies have their own points system, which has nothing to do with the Colorado DMV. That points system determines if you should be allowed to drive – in other words, when you get too many points, the state may revoke your license. The insurance companies use their points system to help determine your premium costs (other factors are also considered).
If you are found to be mostly, or even partly at fault for the accident, there is a good chance your premiums will go up. (Being primarily at fault will usually lead to a sharper increase than being, say, 10 percent at fault.) If you are not found to have any fault in the accident, your rates may or may not go up. If they do, the increase will likely be minimal.
When Should You Talk to a Colorado Car Accident Lawyer?
We recommend speaking with an attorney immediately after an accident. This helps protect you from saying something that could hurt your case during insurance negotiations and ensures you secure the necessary evidence for your case. Working with a lawyer is especially important in the following situations:
- Disputed fault. If the other driver claims you are primarily liable for the accident, it is essential to have your attorney gather evidence that protects your ability to recover.
- Serious injuries and fatalities. When your case involves extensive medical bills and severe injuries, an attorney can ensure you calculate a fair damage award and pursue the right amount of compensation.
- Complex crashes or commercial vehicles. Accidents with commercial trucks and other vehicles can complicate the number of at-fault parties involved and other aspects of your case. A lawyer can identify all potentially liable individuals and entities.
- Lowball settlement offers or denied claims. If the other party’s insurer offers a settlement that does not fully cover your losses, an attorney can negotiate on your behalf and take the case to court, if necessary.
Our legal team at Olson Personal Injury Lawyers has the knowledge and experience to handle your case, no matter its complexity. Call our law office today for more information.
How Do I Get Legal Help with My Car Accident in Colorado?
Olson Personal Injury Lawyers offers the experience and personalized guidance required to secure the compensation you deserve. With our free consultations, you do not have to worry about paying anything unless you choose to work with us.
You should not have to navigate a complicated claim alone. Call our law office at (970) 633-3673 today to learn more and start building a solid case.
