Can You Receive Compensation if You Were Partially at Fault for a Car Accident in Colorado?

Car accidents often involve complicated circumstances, and determining fault is not always clear-cut. If you were involved in a crash and believe you may have been partially at fault, you might be wondering whether you can still seek compensation for your injuries and damages. In Colorado, the answer depends on the state’s modified comparative negligence law, which affects how fault is assigned and how much compensation you can receive.

Understanding how Colorado’s fault system works can help you make informed decisions about pursuing a claim. Below, we break down the state’s negligence laws, how partial fault impacts your case, and what steps you can take to maximize your compensation.

Understanding Colorado’s Modified Comparative Negligence Law

Colorado follows a legal principle known as modified comparative negligence when determining liability in car accident cases. This means that even if you were partially responsible for the crash, you may still be able to recover damages—so long as you are not more than 50% at fault.

Here’s how it works:

• If you are found to be less than 50% at fault, your compensation will be reduced based on your percentage of fault. For example, if you were awarded $100,000 in damages but were found to be 30% at fault, your total compensation would be reduced by 30%, leaving you with $70,000.
• If you are found to be 50% or more at fault, you are not eligible to recover any compensation from the other party.

Because insurance companies and opposing attorneys will often try to shift more blame onto you to reduce their own liability, it’s important to have strong evidence to support your claim.

How Fault Is Determined in a Colorado Car Accident Case

Fault in a car accident is typically determined through an investigation that considers various forms of evidence, including:

• Police reports documenting the accident
• Eyewitness statements
• Traffic camera footage or dashcam videos
• Vehicle damage analysis
• Expert testimony, such as accident reconstruction specialists

Insurance companies will conduct their own investigations and may attempt to assign you a greater percentage of fault than is fair. If this happens, you have the right to challenge their determination with additional evidence or by working with an attorney.

Common Scenarios Where Partial Fault May Apply

There are many situations where multiple drivers may share responsibility for an accident. Some common examples include:

• Rear-End Collisions: While the driver who rear-ends another vehicle is usually at fault, the lead driver may share responsibility if they made a sudden and unnecessary stop.
• Left-Turn Accidents: The driver making a left turn is often at fault, but the other driver may also be found partially responsible if they were speeding or ran a red light.
• Multi-Vehicle Pileups: In crashes involving multiple vehicles, fault can be distributed among several drivers depending on their actions leading up to the accident.
• Lane-Change Accidents: If two drivers merge into the same lane at the same time, they may both be assigned a portion of the blame.

Even if you believe you were partially at fault, do not assume that you are ineligible for compensation. Many factors go into determining liability, and an experienced attorney can help you present evidence in your favor.

How Insurance Companies Use Fault to Reduce Settlements

Insurance companies often attempt to minimize their payouts by claiming that the injured party was more responsible for the accident than they actually were. Some common tactics they use include:

• Blaming You for Contributory Actions: Insurers may argue that your speed, distraction, or failure to react contributed to the crash, even if the other driver was primarily at fault.
• Misinterpreting Statements: Anything you say to an insurance adjuster can be used against you. Even a simple apology at the scene of the accident may be twisted into an admission of fault.
• Relying on Incomplete Evidence: Insurers may base their fault determination on limited information, such as a one-sided witness statement or an initial police report that lacks critical details.

Because of these tactics, it’s important to avoid discussing fault with insurance companies until you have spoken with an attorney. A legal professional can negotiate on your behalf and ensure that your percentage of fault is not unfairly inflated.

Maximizing Your Compensation Even If You Were Partially at Fault

If you were partially at fault for your accident, there are steps you can take to protect your rights and maximize your compensation:

• Gather Evidence: Take photos of the accident scene, your vehicle damage, and any visible injuries. Obtain contact information from witnesses and request a copy of the police report.
• Seek Medical Attention: Even if your injuries seem minor, seeing a doctor right away will create a medical record that links your injuries to the accident.
• Be Cautious When Speaking to Insurers: Avoid admitting fault or speculating about what happened. Stick to the facts and let an attorney handle communications.
• Work with an Experienced Car Accident Attorney: A lawyer can help you gather evidence, negotiate with insurance companies, and fight to reduce your assigned percentage of fault.

Contact the Law Office of James Colgan for Car Accident Representation

Being partially at fault for an accident does not mean you should give up on pursuing compensation. Colorado’s modified comparative negligence law allows injured drivers to recover damages as long as they are not more than 50% responsible.

At the Law Office of James Colgan, we understand how insurance companies operate and how to challenge unfair fault determinations. If you have been injured in a car accident and are unsure about your eligibility for compensation, we can help. Contact us today for a free consultation to discuss your case and explore your legal options.