Principle Attorney
Not every accident has a clear villain. Maybe the other driver ran a red light, but you were speeding. Or perhaps you slipped on a wet floor in a store, but you were looking at your phone. In the real world, fault isn’t always black and white. That’s where Colorado’s comparative negligence law comes into play.
If you were injured in an accident in Denver and think you might share some blame, don’t assume you have no case. Colorado law allows injury victims to recover compensation even if they were partially at fault, as long as certain rules are followed. Here’s what you need to know.
What Is Comparative Negligence?
Comparative negligence is a legal rule that applies when more than one party shares fault in an accident. It allows someone who is partly to blame to recover damages but not the full amount.
Colorado uses a version called modified comparative negligence. That means:
- You can recover compensation if you are less than 50% at fault
- Your compensation is reduced by your percentage of fault
Here’s a quick example: Let’s say a jury awards you $100,000 in damages after a car crash, but finds you were 30% at fault. In that case, you’d still receive $70,000 — the total minus your share of responsibility.
This system reflects the reality that accidents are often complex and that the actions of multiple individuals can contribute to an injury.
What If You’re 50% or More at Fault?
Colorado’s law has a strict cutoff: If you’re found to be 50% or more at fault, you are not eligible to receive any compensation.
This is known as the “50% bar rule”. It means that if the blame is split evenly — or tips just slightly in your direction — your claim could be denied altogether. That’s why it’s so important to have strong evidence on your side and to work with an attorney who understands how fault is evaluated.
How Is Fault Determined?
Fault is based on evidence. After an accident, attorneys, insurance adjusters, and sometimes the court will look at:
- Police reports
- Witness statements
- Surveillance or dashcam footage
- Photos from the scene
- Medical records
- Expert analysis (like accident reconstruction)
In many cases, fault becomes part of the negotiation between your lawyer and the insurance company. If the case goes to court, a judge or jury will decide how the fault should be divided. But make no mistake — insurers will often try to assign you a larger share of blame to reduce their payout.
A Few Real-World Examples
Let’s look at how comparative negligence might play out in common Denver-area accidents:
- A pedestrian is hit while crossing Colfax Avenue outside of a marked crosswalk. The driver was speeding and looking at their phone. A court might assign 20% fault to the pedestrian and 80% to the driver.
- You rear-ended a car that stopped suddenly at an I-25 off-ramp, but its brake lights weren’t working. You may be partially at fault, but not 100%. You could still be entitled to compensation, minus your portion of responsibility.
Every case is unique, and even minor details can significantly shift liability.
Why Working with a Lawyer Makes a Difference
Comparative negligence can make or break your case. The higher your assigned fault, the less compensation you receive, and if it hits 50%, you’re out of luck. That’s why it’s critical to work with a personal injury attorney who knows how to challenge exaggerated fault claims and protect your right to recovery.
At the Law Offices of Dianne Sawaya, we know how insurance companies operate. We investigate thoroughly, gather strong evidence, and fight to keep fault percentages fair, so your compensation isn’t unfairly reduced or denied.
Don’t Let Fault Stop You From Getting Help
Even if you think you may be partly responsible for an accident, you could still have a valid personal injury claim under Colorado law. The best way to find out? Consult with an attorney who understands the rules and knows how to apply them to your advantage. Call us today for a free consultation.