How Comparative Negligence Works in Colorado

After being involved in a serious accident, you may be anxious to hold the liable party accountable. You do not want to be forced to cover thousands of dollars in medical bills and out-of-pocket expenses, all while struggling to cope emotionally and physically.

However, when the person responsible for causing your injuries blames you, you may be left reeling: angry, confused, and unsure of how this will affect your case.

When partial fault accusations are raised in a personal injury lawsuit, they could have a significant impact on the amount of compensation you can recover. Understanding how comparative negligence works in Colorado is critical if you hope to avoid being taken advantage of.

Your Colorado personal injury lawyer with Zinda Law Group can help you understand how this state’s modified comparative fault laws could influence your settlement and how to reduce the fallout wherever possible.

What Is Comparative Fault?

Comparative fault is also commonly referred to as contributory negligence or partial blame. Essentially, it describes an injury victim who shares responsibility for causing either the accident they were involved in or the injuries they suffered. In comparative fault states, sharing liability will not always prevent you from recovering compensation for your damages.

However, there are two different types of comparative fault. There is pure comparative fault and modified comparative fault. In Colorado, we follow modified comparative negligence laws per CO Code §13-21-111.

This means there is a limit to how much blame you can carry. If your liability is greater than this limit, you cannot move forward with your personal injury lawsuit.

Your Colorado personal injury lawyer with Zinda Law Group can review the specific circumstances of your case to determine whether your portion of fault exceeds the bar limit.

Alternatives to Comparative Fault

Not every state follows comparative fault laws. There are several states that follow another system known as pure contributory negligence. These include:

• Virginia
• Alabama
• Maryland
• North Carolina
• Washington DC

In states with pure contributory negligence laws, sharing liability means you are prohibited from receiving compensation. If you are partially at fault for the accident, you will not be able to pursue a personal injury lawsuit. Fortunately, Colorado is far more victim-friendly.

Colorado Follows Modified Comparative Negligence Laws

In Colorado, we follow a modified comparative negligence system. The maximum amount of blame you can share while still receiving a settlement is 50%. So, if both drivers are at fault in an accident and a portion of the blame exceeds this limit, they could miss out on the compensation.

Since there is a limit to the amount of blame you can carry, the at-fault party may attempt to take advantage of this. They may make unfounded claims that you are partially responsible for causing the accident. Fortunately, with our firm on your side, you do not have to worry.

The evidence we will use to meet the burden of proof is based on a preponderance of the evidence as described under Colorado Revised Statutes Chapter 6: Damages for Injuries to Persons or Property. This evidence will be powerful in helping establish culpability. This way, we can easily refute the defendant’s partial fault accusations at trial.

How Sharing Fault Could Impact Your Settlement

Sharing liability for the accident could have a significant impact on the amount of compensation you recover and your ability to move forward with your case.

You already know that if you are more than 50% responsible for causing the accident, you will be barred from moving forward with your case. But you may be confused as to what happens if your portion of liability is less than the threshold.

Fortunately, you can still receive a settlement if you share liability. Your portion of blame must be less than 50%. However, that is not the only thing you need to consider when thinking about how your settlement could be affected.

Your percentage of liability will be deducted from your award. For example, if you were involved in a motorcycle wreck, your Denver motorcycle accident lawyer may be notified that the judge finds you 20% responsible for causing the accident since you were not wearing a motorcycle helmet at the time of the collision.

If you received a settlement of $100,000, your settlement would be reduced by 20%, leaving you with an $80,000 payout.

Challenging Partial Fault Accusations

Your legal advocate will have extensive experience handling potential shared fault allegations. At Zinda Law Group, we have over 100 years of combined experience and have seen far too often at-fault parties attempt to avoid liability by blaming the victim. We are prepared to do everything in our power to challenge these allegations.

It all starts with powerful supporting evidence. The type of accident you were involved in will help us uncover the evidence we need to build the strongest case possible against the liable party.

For instance, if they attempt to blame you for a car accident you were involved in, our accident reconstructionists may be able to step in and testify on your behalf with valuable reconstruction data.

It is our goal to ensure the liable party is held accountable to the fullest extent of the law. We aim to get you the most out of your claim. We are not afraid to challenge the insurance company or those responsible for causing your accident so you can get the justice you deserve.

Consult a Reputable Colorado Personal Injury Attorney for Help Today

Liable parties often attempt to reduce their own financial responsibility by victim blaming. You do not need to accept these feeble attempts to escape culpability.

You can demand the at-fault party compensate you for the total value of your losses so you can put this experience behind you when you have a high-powered Colorado car accident lawyer with Zinda Law Group advocating for your rights.

Our detailed investigation into the cause of the accident should provide the evidence needed to refute the defendant’s claims when they blame you for causing the accident. It is our goal to avoid a settlement reduction wherever possible.

Contact our office by phone or through our convenient contact form to schedule your free, no-obligation consultation today and learn more about how your case could be affected by the state’s modified comparative negligence laws.