After a car accident in Colorado, determining who was responsible for the crash is not always as simple as identifying one driver at fault. In some cases, both drivers may have contributed to the circumstances that caused the accident.
Colorado follows a comparative negligence system for negligence claims. This means that a person’s own percentage of fault can affect the amount of damages they may recover. Understanding how comparative negligence works can be important when an insurance company argues that you contributed to your own injuries or losses. If fault is disputed after a crash, a car accident attorney can review the available evidence and explain how Colorado’s comparative negligence rules may apply to your situation.
1. What Is Comparative Negligence in Colorado?
Comparative negligence is a legal rule used when more than one person’s negligence may have contributed to an injury or property damage. Under Colorado law, a person’s negligence does not automatically prevent recovery if that person’s negligence was less than the negligence of the person against whom recovery is sought. However, the damages are reduced in proportion to the person’s percentage of fault.
For example, if a driver is found to be 20% responsible for an accident and another party is 80% responsible, the driver’s recoverable damages may be reduced by 20%.
2. Colorado Uses a 50 Percent Fault Threshold
Colorado’s comparative negligence law includes an important threshold. A person may recover damages when their negligence is less than the negligence of the person against whom they are seeking recovery. If the person’s share of negligence is equal to or greater than the other party’s negligence, the statute provides that judgment is entered for the defendant. In practical terms, a plaintiff who is found to be 50% or more at fault generally cannot recover under Colorado’s modified comparative negligence rule.
This makes the percentage of fault assigned to each party particularly important in a disputed car accident claim.
3. Your Compensation Can Be Reduced by Your Percentage of Fault
Being partly responsible for an accident does not necessarily mean you lose the entire claim. Suppose your total accident-related damages are determined to be $100,000 and you are found to be 20% responsible. Your damages would be reduced by your percentage of fault, leaving $80,000 before considering other applicable legal or insurance issues.
The purpose of the rule is to account for the relative negligence of the parties rather than treating every claim as an all-or-nothing question.
4. Insurance Companies May Dispute Your Share of Fault
An insurance company may investigate whether you contributed to the accident. It may review photographs, vehicle damage, police reports, witness statements, traffic footage, medical records, and other evidence when evaluating the circumstances.
For example, an insurer might argue that you were speeding, following too closely, failed to yield, or were distracted before the collision. A disagreement about fault does not necessarily mean the insurer’s assessment is correct. The available evidence and circumstances of the crash should be considered when determining how responsibility may be allocated.
5. Evidence Can Be Important When Fault Is Disputed
Evidence can help establish what happened before, during, and after a car accident.
Potentially relevant evidence may include:
Photos and videos from the accident scene
Police or crash reports
Witness statements
Dashcam or surveillance footage
Vehicle damage and repair records
Traffic signals and roadway conditions
Cellphone or other relevant records
Medical documentation
Statements made by the drivers
The stronger the factual record, the easier it may be to address an allegation that you contributed to the crash.
6. Your Actions Before the Crash May Be Examined
Comparative negligence focuses on whether the injured person also acted negligently and whether that conduct contributed to the claimed injury or damage. Depending on the circumstances, questions may arise about whether a driver was speeding, distracted, following another vehicle too closely, failed to yield, or otherwise failed to use reasonable care.
The fact that an insurance company raises one of these issues does not automatically establish that the injured driver was negligent. The evidence must be evaluated in the context of the entire accident.
7. Multiple Drivers Can Complicate Fault
Some car accidents involve more than two vehicles or potentially multiple responsible parties. Colorado law provides rules for determining the degree of negligence attributable to different parties. Colorado Supreme Court decisions have explained that, in cases involving multiple defendants, the fault of defendants who contributed to the injury can be considered together when compared with the plaintiff’s fault.
Because multiple-party accidents can involve different accounts of what happened, identifying each person’s role may require a detailed review of the evidence.
8. Comparative Negligence Can Apply to Different Types of Car Accidents
Comparative negligence is not limited to one particular type of collision.
It may become relevant in:
Rear-end collisions
Intersection accidents
Lane-change crashes
Left-turn accidents
Multi-vehicle collisions
Accidents involving distracted driving
Crashes involving disputed traffic violations
For example, even when one vehicle strikes another from behind, evidence may still be examined to determine whether the front driver also contributed to the collision. Colorado case law has recognized that comparative negligence may be considered in a rear-end automobile collision when evidence supports a finding that both parties may have been negligent.
9. Comparative Negligence Is Different From Simply Being Involved in an Accident
Being present during an accident does not automatically make someone negligent. Comparative negligence concerns the person’s conduct and whether that conduct contributed to the injury or damage. Colorado case law notes that comparative negligence requires evidence supporting a finding that both parties were at fault; if negligence by the plaintiff cannot be established, the comparative negligence rule does not operate to reduce the recovery.
This distinction can matter when an insurance company attempts to assign a percentage of fault without sufficient supporting evidence.
10. How a Car Accident Attorney Can Help With a Fault Dispute
When comparative negligence becomes an issue, understanding the evidence behind the proposed percentage of fault can be important. A car accident attorney may review the accident circumstances, gather relevant documentation, communicate with insurance companies, and address disputes concerning responsibility for the crash.
The specific approach will depend on the facts of the accident, the available evidence, the parties involved, and the applicable insurance coverage.
What Should You Do If You Are Being Blamed for a Car Accident?
If another driver or an insurance company claims that you contributed to the accident, avoid making statements that unnecessarily speculate about what happened. Instead, preserve relevant evidence and documentation, including photographs, witness information, medical records, repair documents, and communications with insurance companies.
You should also avoid assuming that being accused of partial fault means you have no claim. Colorado’s comparative negligence rules specifically address situations where more than one party may have contributed to an injury.
Protecting Your Car Accident Claim
Comparative negligence can affect both whether you can recover damages and how much you may recover. Because the percentage of fault can have a significant effect on a claim, preserving evidence and responding carefully to disputed allegations can be important.
If your responsibility for a Colorado car accident is being questioned, 5280 Injury Law can review the circumstances of the crash and help you understand the legal options that may be available.
Frequently Asked Questions (FAQs)
What is comparative negligence in Colorado?
Comparative negligence is a rule that can reduce a person’s damages based on their percentage of fault for an accident.
Can I recover compensation if I was partly at fault for a car accident in Colorado?
Yes, you may still be able to recover damages if your negligence was less than the negligence of the party against whom you seek recovery, but your damages may be reduced according to your percentage of fault.
What happens if I am 50% at fault in Colorado?
Colorado’s comparative negligence statute provides that recovery is barred when the claimant’s negligence is equal to or greater than the negligence of the person against whom recovery is sought.
Who determines the percentage of fault in a car accident claim?
In a lawsuit, the fact-finder determines the applicable percentages of negligence based on the evidence. Colorado law provides for findings identifying the degree of negligence attributable to each party.
Can a car accident attorney help if the insurance company blames me?
Yes, a car accident attorney may review the evidence, address disputed fault allegations, communicate with the insurer, and help you understand your options based on the circumstances of your claim.
