Yes, as long as your negligence was less than the negligence of the person you are seeking compensation from. In simpler terms, this means if you were less than 50% at fault for the accident you can recover compensation still. Colorado uses a modified comparative negligence rule under C.R.S. § 13-21-111.
Your compensation is reduced by your percentage of fault, and if your fault is equal to or greater than the defendant’s, you cannot recover from that defendant at all. Being partially responsible does not automatically end your claim, but how much fault gets assigned to you directly determines how much money you are able to recover. Reach out to our professional auto accident attorney in Aurora to discuss your legal options with Ridder Law, LLC today.
How Does Colorado’s Modified Comparative Negligence Rule Work?
The court or jury determines two things: the total amount of your damages and the percentage of negligence attributable to each party. Your damages are then reduced in proportion to your own negligence.
Here’s a simple example. Your total damages are $100,000, and you are found 20% at fault. Your potential recovery is $80,000. If you were 30% at fault, it would drop to $70,000.
Who Decides How Much Fault Each Driver Has?
Insurance companies make an initial fault determination during the claims process. Their offer will usually be based on what percentage of fault they think you have in the accident. However, if the case goes to trial, a judge determines fault in a bench trial, and a jury assigns percentages in a jury trial. Colorado law specifically requires the factfinder to state the percentage of negligence attributable to each party.
What Evidence Is Used to Determine Fault?
Fault arguments need to be based on actual evidence, not just opinions. Common sources include police reports, photos of the crash scene, vehicle damage, dashcam footage, traffic or surveillance cameras, witness statements, skid marks and debris, cell phone records, event data recorder information, accident reconstruction evidence, and statements made by the drivers themselves.
What Types of Conduct Can Make You Partially at Fault?
Insurers and defense attorneys look for any conduct they can attribute to you, including speeding, distracted driving, following too closely, failing to yield, improper lane changes, running a stop sign or red light, driving under the influence, and driving too fast for weather or road conditions. Even if the other driver caused the crash, conduct like this can shift a percentage of blame onto you and reduce your recovery.
What Should You Do If You Think You Were Partially Responsible?
Don’t admit fault to anyone, including the other driver, the police, or an insurance adjuster. You may think you did something wrong, but you could be mistaken. There’s no need to make the other side’s case easier for them. You also don’t know what the other driver was doing, and there’s no need to let them off the hook this easily. Report the accident factually, get medical treatment, preserve whatever evidence you can, and talk to a personal injury lawyer in Aurora before giving any recorded statement.
Talk to a Colorado Car Accident Lawyer About Your Fault Dispute
If the insurance company is blaming you for your accident, you don’t have to accept their number and argument as final. Your lawyer can present evidence and push back on their claims. Our team will handle all conversations with the insurance adjusters and try to get you the compensation your recovery truly deserves. Call us today at (720) 812-1047 to schedule a free consultation.