What if the Car Accident Was Partly My Fault?
The state you live in determines how much compensation you will be eligible for. The judge will either rule the case as Contributory Negligence or Comparative Negligence after hearing the reason behind both parties’ negligence.
Contributory Negligence Vs. Comparative Negligence:
Contributory Negligence is when the court finds that you were unable to demonstrate your own safety. This results in being barred from receiving any compensation due to the individual failing their duty as a reasonable citizen.
Comparative Negligence is when the court finds both parties negligent and determines compensation based on percentages of fault. An example would be if a pedestrian walked into traffic while using their phone and was hit by a speeding driver. The jury may find that the fault was 50/50 for the plaintiff and the defendant. This means both parties would pay for the percentage of the damages caused to one another, while still being able to recover damages for their own injuries.
Listen to Sean Olson Explain:
Colorado is a Modified Contributory Negligence State
Under Colorado Law (C.R.S. § 13-21-111), the at-fault party is determined. All drivers have a duty to act reasonably; if the plaintiff and the defendant were both found to disregard their duty, the jury will decide the percentage of each party. If either party is found to exceed 50% fault they will lose the right to receive any compensation.
The insurance companies also have a large part in determining liability. After an accident is claimed, the insurance adjuster will use the following factors to determine fault:
- Requesting the police report
- Talking with witnesses
- Analyzing the time of day in correlation with traffic
- Observing the weather conditions
- Inspecting the vehicle damage
- Collecting medical reports for any injuries sustained
Questions About Our State Laws? Contact Our Car Accident Attorneys Today!
As many already know, working with insurance companies can be tricky and leave us feeling anxious; all while trying to heal emotionally and physically from a wreck. Let our experienced car accident lawyers fight for you to receive the compensation you deserve!
Here at Olson Law Firm, LLC, we will discuss all of your options after thoroughly looking into your case. We will stand by your side through every step of the process, answering any and all questions that may arise. You do not have to fight this alone. Contact us today and let us know about your specific case.