After a car accident, one of the first questions many injured drivers ask is, “Can I still recover compensation if I was partially at fault?” The answer in Colorado is yes, with some important conditions. Colorado follows a legal doctrine called modified comparative negligence, which means your level of fault affects whether you can file a claim and how much you may recover.
If you’ve been involved in a crash in or around Denver, understanding this law can have a major impact on your ability to receive compensation. At Evans Case, we help car accident victims understand their rights, even in complex cases where fault isn’t crystal clear. Here's what you need to know if you're worried that partial responsibility might prevent you from filing a claim.
What Is Modified Comparative Negligence?
Colorado uses a system known as modified comparative negligence with a 50% bar. Under this system, you can recover compensation for your injuries and damages as long as you were less than 50% at fault for the accident. However, your total award will be reduced by your percentage of fault.
For example, let’s say a jury determines you were 20% at fault in a crash, and your damages are valued at $100,000. You would still be eligible to recover $80,000 (a 20% reduction based on your share of the fault). But if you're found to be 50% or more responsible, you won’t be able to recover anything under Colorado law.
How Fault Is Determined in a Colorado Car Accident
Determining fault after a crash isn’t always simple. In many cases, both drivers may have contributed to the accident in different ways. Insurance companies and attorneys will investigate the facts to assign a percentage of fault to each party involved. Key factors include:
- Police reports: Officers at the scene often document their assessment of how the crash occurred and may cite one or more drivers for traffic violations.
- Witness statements: Independent third-party witnesses can offer objective perspectives on how the accident unfolded.
- Traffic laws: Violations such as running a red light, speeding, or failing to yield are often strong indicators of fault.
- Vehicle damage and skid marks: Physical evidence helps reconstruct what happened and who had the last opportunity to avoid the collision.
- Surveillance or dash cam footage: Video evidence can be especially compelling in demonstrating driver behavior before impact.
Because fault is often disputed, having an attorney who can gather and analyze this evidence is key to presenting a strong claim, especially if the other side is trying to shift more blame onto you than you deserve.
Examples of Shared Fault in Colorado Car Accidents
Here are a few common scenarios where drivers may share responsibility and how the comparative negligence rule might apply:
- Rear-end collisions: If Driver A was tailgating and Driver B suddenly slammed on their brakes without cause, a court might assign partial fault to both.
- Intersection accidents: Two drivers may claim they had the right of way. If neither fully stopped or looked both ways, fault could be split 60/40 or 70/30.
- Left-turn crashes: A driver turning left is usually at fault, but if the oncoming car was speeding, some fault may be attributed to the straight-line driver.
In these situations, even if you made a mistake that contributed to the accident, you may still have a valid claim, as long as you’re not 50% or more responsible.
How Comparative Fault Affects Insurance Settlements
Insurance companies are well aware of Colorado’s comparative fault rules. Unfortunately, this gives them an incentive to exaggerate your share of blame to reduce or deny your payout. For example, if they can argue that you were 50% or more at fault, they’re off the hook entirely. That’s why you should be cautious about giving recorded statements or accepting quick settlement offers without legal guidance.
An experienced car accident attorney can work to limit your assigned fault percentage by building a strong case based on evidence, accident reconstruction, and expert testimony. This can significantly increase your final compensation.
How Long Do You Have to File a Claim?
In Colorado, the statute of limitations for car accident claims is generally three years from the date of the crash. However, if your case involves a government vehicle or public entity, the deadline to give notice may be much shorter. Waiting too long could cost you the right to recover any compensation, regardless of fault.
Preserving evidence, speaking with witnesses, and documenting your injuries early can make a huge difference in the outcome of your case. Acting quickly also prevents the insurance company from controlling the narrative about who caused the accident.
What Damages Can You Recover If You’re Partially at Fault?
Even if you share some responsibility, you may still be eligible to recover compensation for:
- Emergency medical treatment
- Ongoing rehabilitation and physical therapy
- Lost wages and diminished earning capacity
- Property damage to your vehicle
- Pain and suffering
- Emotional distress
The key is making sure your degree of fault is accurately represented and your damages are fully documented. Don’t assume you’re ineligible for compensation without first speaking to a qualified attorney.
Call Evans Case After a Denver Car Accident
At Evans Case, we understand how stressful and confusing it can be to deal with a car accident, especially if you’re being blamed in part for what happened. Our team has decades of experience helping injured people throughout Denver and the surrounding areas pursue fair compensation, even when the insurance companies try to push back.
If you were involved in a car crash and are concerned about your share of fault, don’t hesitate to reach out. Our personal injury attorneys will review the facts of your case, explain your options clearly, and help you pursue the maximum compensation allowed under Colorado law.
Don’t let partial fault keep you from getting the help you need. Contact us today to schedule a free consultation and take the first step toward recovering what you’re owed.
