When an accident happens, assessing fault is not always a straightforward process. Sometimes, the individual or entity involved may try to argue that you also contributed to your injuries or damages. Colorado’s comparative negligence law provides a structured framework for making liability determinations by allowing the court to assign a percentage of fault to each responsible party, whether it is a driver, property owner, or another individual or entity associated with the incident.
Understanding how the state’s fault system works is important because the way liability is evaluated can impact the outcome of your personal injury claim. Whether the situation involves a car accident, premises liability, or another type of personal injury matter, knowing how liability is assigned and divided among the parties involved can help affected individuals become more familiar with their legal rights and options.
What Is Negligence in a Colorado Personal Injury Claim?
Negligence is a legal concept used to determine whether a person or entity can be held responsible for injuries resulting from their failure to act with reasonable care. When it comes to a Colorado personal injury claim, the affected individual must demonstrate that the at fault party owed a duty of care, breached that duty, and caused injuries and losses as a result.
In the realm of personal injury law, there are a variety of incidents that is directly correlated by negligence, from car accidents caused by speeding to injuries resulting from unsafe property conditions, proving fault is a notable component of establishing a successful case.
What Are the Different Types of Comparative Fault Systems in the U.S.?
When determining fault after an accident, different states will implement their own unique rules and regulations to decide how accountability affects an injured party’s ability to recover damages. Whether one party or more shares responsibility, the legal system that applies can have a heavy impact on what the outcome will be in a personal injury claim.
Below are the three main fault systems used across the United States:
- Contributory negligence: An injured person may be barred from seeking compensation if they are found even 1% at fault for the incident. This is known to be the strictest system out of the three available.
- Pure comparative negligence: The affected individual can recover compensation regardless of their percentage of fault. However, the total will be adjusted based on the amount of fault assigned.
- Modified comparative negligence: A modified comparative negligence state allows victims to acquire damages only if their share of accountability does not go over a specific threshold (typically 50% or 51%). If they are found to be more at fault than the legal limit, they will no longer be able to recover compensation.
These laws determine liability, how fault is divided between one party and the other, and whether an injured person can be awarded damages after an accident.
What Does Colorado’s Comparative Negligence Law Actually Say?
Colorado follows a modified comparative negligence system under Colorado Revised Statutes § 13-21-111. This legal principle allows victims to pursue financial recovery even if they are partially at fault, as long as their share of liability remains below 50%. If the plaintiff’s negligence is equal to (50%) or greater than the combined negligence of the other parties, Colorado law bars any recovery.
Under this rule, the court will determine each party’s negligence in a personal injury action, and damages are adjusted based on the plaintiff’s percentage of fault. Those who remain eligible may be given compensation based on the amount of responsibility assigned to each party involved in the accident.
How Are Damages Calculated Under Colorado’s Comparative Negligence Law?
According to Colorado’s comparative negligence law, a plaintiff’s damages are reduced in proportion to their level of fault. First, the total compensatory damages are identified, including economic damages (such as medical expenses and lost wages) as well as non-economic damages (like pain and suffering).
Then, that amount is diminished by the plaintiff’s degree of responsibility. However, because Colorado bars recovery when a plaintiff is found to be 50% or more at fault, a plaintiff can only recover damages if they are 49% or less to blame.
For example, if a plaintiff suffers $100,000 in damages but is found to be 20% at fault, the damages allowed are reduced by 20%, leaving them with $80,000. And if they are found 51% at fault, they are given nothing.
What Happens When Multiple Defendants Share Fault for an Accident?
In cases where multiple defendants share fault for an accident, liability may be divided among the responsible parties in accordance to their level of negligence. The court will assess the information presented during a trial to determine what each party’s percentage of accountability is. A jury may also be a deciding factor in how fault is allocated between the defendants and the injured victims. Depending on the factors involved, one defendant may be held liable for a larger share of the damages incurred whereas the other party could be assigned a smaller portion of fault.
How Do Insurance Companies Use Comparative Negligence to Reduce Your Payout?
In the aftermath of an accident, insurance companies may use comparative negligence rules to challenge the amount of pay an injured party is granted. By arguing that the victim has shared some responsibility for the incident, insurers will try to reduce the payout by assigning a percentage of fault to the claimant.
This can heavily affect what the final settlement amount may be, which is why it is important for you to have evidence at-hand to support your version of events as this can help minimize claims of shared fault.
What Should You Do If You’re Being Unfairly Blamed for an Accident?
If you are being unfairly blamed for an accident, consulting with a Colorado personal injury attorney can give you a better understanding of your rights and the options you have available to pursue. Seeking legal help can protect your claim, challenge incorrect allegations, and support efforts to maximize the compensation you may be entitled to receive.
An excellent attorney can help you navigate the claims process, which may take a long time to resolve depending on the factors presented in your case. By working with someone who has solid experience and knowledge with personal injury claims, you can learn how comparative negligence rules apply and how to build a strong claim against the opposing side.
Let Our Colorado Personal Injury Attorneys Help You Pursue the Compensation You Deserve
If you have been unfairly blamed for an accident, Colorado’s comparative negligence laws can make it difficult to recover the compensation you deserve. At West Coast Trial Lawyers, our Colorado personal injury attorneys can look into your case, answer your questions, challenge any unfair fault claims made against you, and negotiate on your behalf to protect your rights throughout the legal process. We understand the tactics insurance companies may use to reduce payouts and will fight to help you pursue the full financial recovery you need to move forward.
To book a FREE consultation, we invite you to get in touch with our team today by calling (213) 927-3700 or filling out our quick online contact form.
