By: Adam Smestad, Black Blink & Associates, 719-694-0578
One of the most common concerns I hear from potential clients is: “I think I may have been partly at fault. Does that mean I don’t have a case?”
Usually, no.
Colorado law specifically allows injured people to recover compensation even when they share some responsibility for an accident.
This is called comparative negligence.
How Does Comparative Negligence Work in Colorado?
Colorado follows a form of modified comparative negligence under C.R.S. § 13-21-111.
In simple terms, you can generally recover damages as long as your negligence was less than the negligence of the person or persons responsible for your injuries.
Your compensation is then reduced according to your percentage of fault.
The Colorado Supreme Court has explained that comparative negligence was adopted to avoid the harsh old rule that prevented an injured person from recovering anything simply because they were partially responsible. Gordon v. Benson, 925 P.2d 775 (Colo. 1996).
What Does That Mean in Real Life?
Imagine another driver runs a red light and hits you.
The jury determines your damages are $100,000.
But it also decides you were 20% responsible because you were speeding.
Your recovery would generally be reduced by 20%, leaving you with $80,000.
Colorado law specifically requires damages to be reduced in proportion to the injured person’s negligence. C.R.S. § 13-21-111(1).
The Colorado Supreme Court has applied this proportional-reduction principle in cases including Lira v. Davis, 832 P.2d 240 (Colo. 1992).
What Happens If I Am 50% at Fault?
This is where Colorado’s rule becomes especially important.
Under C.R.S. § 13-21-111, your negligence must be less than the negligence attributed to the responsible party or parties.
So, generally speaking, if you are found 50% or more at fault, recovery can be barred.
If you are less than 50% at fault, you may still recover, although your damages will be reduced by your percentage of responsibility.
What If Several People Caused the Accident?
Accidents aren’t always caused by one person.
A multi-car accident might involve three negligent drivers.
A construction accident might involve several contractors.
Colorado law allows fault to be allocated among defendants and, in appropriate circumstances, designated nonparties under C.R.S. § 13-21-111.5.
The Colorado Supreme Court has explained that Colorado uses a combined comparison approach when determining whether a plaintiff’s own negligence prevents recovery. B.G.’s, Inc. v. Gross, 23 P.3d 691 (Colo. 2001).
Colorado generally also follows several liability, meaning defendants ordinarily pay damages according to the percentage of fault attributable to them. See C.R.S. § 13-21-111.5; Slack v. Farmers Insurance Exchange, 5 P.3d 280 (Colo. 2000).
Don’t Decide Fault Yourself
This is the most important point.
Don’t reject your own case because you think you did something wrong.
People frequently blame themselves immediately after an accident without knowing all the facts.
The other driver may have been speeding.
Surveillance footage may show something you didn’t see.
Vehicle data, photographs, witnesses, or police records may change the liability analysis entirely.
Insurance companies also have a financial incentive to place as much fault on you as possible because every additional percentage of fault can potentially reduce what they have to pay.
The Bottom Line
Being partly at fault does not automatically mean you don’t have a Colorado personal injury claim.
Colorado’s comparative negligence law was specifically designed to address situations where more than one person contributed to an accident.
Before accepting an insurance company’s determination that you were partially—or primarily—responsible, talk with an experienced Colorado personal injury attorney.
Let the evidence determine fault.
Don’t make that decision for the insurance company.
If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink & Associates at 719-694-0578 now for a free consultation.
Sources
- C.R.S. § 13-21-111 – Colorado’s comparative negligence statute; permits recovery when the plaintiff’s negligence is less than the negligence against which recovery is sought and proportionately reduces damages.
- C.R.S. § 13-21-111.5 – Colorado’s pro rata liability statute governing allocation of fault among responsible parties.
- Gordon v. Benson, 925 P.2d 775 (Colo. 1996) – Discussing the purpose and operation of Colorado’s comparative negligence system.
- Lira v. Davis, 832 P.2d 240 (Colo. 1992) – Discussing proportional reduction of compensatory damages under comparative negligence principles.
- B.G.’s, Inc. v. Gross, 23 P.3d 691 (Colo. 2001) – Explaining Colorado’s comparative negligence system and combined comparison approach.
- Slack v. Farmers Insurance Exchange, 5 P.3d 280 (Colo. 2000) – Discussing Colorado’s statutory system for allocating liability according to fault.