Car accidents come with a rush of confusion, questions, and sudden decisions, but Colorado’s car accident laws significantly shape the path to recovery for anyone who’s been hurt. If you’re an injured driver, working with an experienced car accident lawyer and knowing the basics, like liability rules, insurance requirements, and important deadlines, helps you protect yourself and avoid mistakes that could cost you compensation later on.
Colorado is an At-Fault State
Colorado is an “at-fault” state for car accidents, meaning the driver who causes the crash is legally responsible for paying for the damages. This can include repairs to vehicles, medical bills, lost wages, and other losses from the accident. If you’re injured or your car gets damaged, you generally have the option to file a claim with the at-fault driver’s insurance, secure help from your own insurer (if you have the right coverage), or take legal action against whoever was responsible.
Required Insurance Coverage in Colorado
Every driver in Colorado has to carry a certain minimum amount of car insurance to legally be on the road. This protects not only you but also everyone else traveling alongside you in case something goes wrong
- Bodily injury or death – single person: $25,000 in coverage. This is the lowest amount you must have for injuries or death if a single person is hurt in an accident you cause.
- Bodily injury or death – multiple people: $50,000 in coverage: This covers medical expenses or deaths to everyone involved, per accident, regardless of how many people suffered harm.
- Property damage: $15,000. This part pays for vehicle repairs or replaces any other property damaged during the collision.
Meeting these state insurance requirements provides basic protection, but drivers in serious accidents often have damages worth much more than these minimums.
Modified Comparative Negligence In Colorado
Modified comparative negligence is a law in Colorado that can have a major impact on whether and how much you can recover after a car accident. It means that if you’re hurt but are also partly to blame for the crash, you may still get compensation, but only if you were less than 50% responsible for what happened.
§ 13-21-111. Negligence cases – comparative negligence as measure of damages
(1) Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made.
(2) In any action to which subsection (1) of this section applies, the court, in a nonjury trial, shall make findings of fact or, in a jury trial, the jury shall return a special verdict which shall state: (a) The amount of the damages which would have been recoverable if there had been no contributory negligence; and (b) The degree of negligence of each party, expressed as a percentage. (3) Upon the making of the finding of fact or the return of a special verdict, as is required by subsection (2) of this section, the court shall reduce the amount of the verdict in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made; but, if the said proportion is equal to or greater than the negligence of the person against whom recovery is sought, then, in such event, the court shall enter a judgment for the defendant.
For example, if you’re found to be 30% at fault and the other driver is 70% at fault, you can still receive damages, but your total compensation would be cut by 30%. However, if you’re equally at fault as the other party, or more (50% or above), Colorado law says you cannot collect any damages from others at all.
Not Wearing a Seat Belt Can Hurt Your Case in Colorado
Not wearing a seat belt in Colorado doesn’t just put your physical safety at risk – it can directly hurt your chances in a car accident claim, even if someone else caused the crash. State law requires all drivers and front-seat passengers to use a seatbelt when the car is moving.
Section 42-4-237
Safety belt systems
Unless exempted pursuant to subsection (3) of this section, every driver of and every front seat passenger in a motor vehicle and every driver of and every passenger in an autocycle equipped with a safety belt system shall wear a fastened safety belt while the motor vehicle is being operated on a street or highway in this state
If you weren’t following this law and need to make an injury claim, insurance companies are allowed to bring up your seat belt violation when deciding how much to pay.
Being cited for not wearing a seat belt, or having it clearly documented in the police report, can create a presumption that you were partly negligent in protecting yourself. As a result, if your lack of a seat belt is proven in the investigation, courts or insurers may decide to reduce the amount of money you can receive for non-economic damages, like pain and suffering.
If you’ve been in an accident and aren’t sure how Colorado laws affect your claim, it’s important to get legal help right away. Contact us today to schedule a free consultation.