When You’re Partially at Fault for a Car Accident in Colorado

Jul 03, 2025

When someone is partially at fault for a car accident in Colorado, the state uses a modified comparative negligence law. This means the person’s level of fault directly affects the compensation they can recover.

If a driver is 50% or less at fault, they can still recover damages, but their compensation will be reduced by their percentage of fault. If they are found to be more than 50% responsible, they cannot recover any damages from the other party.

Understanding how fault is determined and what impact it has on injury claims or property damage is crucial after an accident. This clarity helps drivers navigate insurance claims and potential legal actions.

Understanding Partial Fault in Colorado Car Accidents

Being partially at fault in a Colorado car accident affects how liability and damages are determined. The state’s legal framework defines the extent to which each party’s fault impacts compensation and legal responsibility.

Overview of Modified Comparative Negligence

Colorado uses a modified comparative negligence system to assign fault. If a driver is partially responsible, their percentage of fault reduces the compensation they can recover. For example, if a driver is 30% at fault, their damages are reduced by 30%.

A key point is that a driver cannot recover damages if they are 50% or more at fault. This rule prevents a driver who is equally or more responsible from claiming compensation.

This system encourages fair allocation of damages. Liability is divided based on actual fault, rather than an all-or-nothing approach.

Legal Consequences of Shared Fault

When fault is shared, insurance companies and courts carefully determine each party’s percentage of responsibility. This can affect settlement amounts and influence whether a case proceeds to court. A partial fault can also impact how insurance claims are processed. Some policies may limit coverage or increase premiums for drivers found partly at fault.

If found liable, a driver may have to pay damages proportional to their fault. This liability may include property damage, medical expenses, and other accident-related costs.

Immediate Steps After a Car Accident in Colorado

After a car accident, it is essential to act quickly and methodically to ensure safety and collect the necessary information for insurance and legal purposes. This involves securing the scene and thoroughly documenting the incident.

Gathering Evidence at the Scene

The first priority is to check for injuries and call 911 if medical assistance is needed. Once safe, take photos of the accident scene from multiple angles, including damage to all vehicles, license plates, skid marks, and road conditions.

Exchanging contact and insurance information with other drivers is mandatory. Witness statements and their contact details should also be gathered whenever possible. Avoid admitting fault or blaming others at the scene.

You should note the time, date, and exact location of the crash. If police arrive, obtaining the officer’s name and report number is crucial.

Reporting and Documenting the Incident

Drivers must report the accident to their insurance company promptly, usually within 24 hours. Providing clear, factual information without speculation helps avoid complications.

Colorado law requires reporting accidents to the Department of Motor Vehicles if property damage exceeds $1,000 or if there are injuries. Keeping a detailed written account of what happened, including how the accident occurred and any communication with other parties, supports accurate claims handling.

Accident reports and evidence should be stored safely for future reference during negotiations or legal processes.

How Partial Fault Affects Compensation and Claims

When a driver is partially at fault in a Colorado car accident, the degree of their responsibility directly influences the compensation they can seek. Fault percentage plays a crucial role in insurance settlements and affects the types of damages recoverable.

Determining Fault Percentage in Colorado

Colorado follows a comparative negligence rule, which means fault can be divided between parties. Each person’s share of blame is expressed as a percentage. The insurance adjuster, insurance companies, or a court typically determine fault percentage. They review evidence such as police reports, witness statements, and traffic laws.

Impact on Insurance Settlements

The fault percentage directly scales the amount received from a claim. If a driver is 40% at fault, they will only recover 60% of their damages through insurance.

Both liability and first-party claims can be affected by partial fault. Liability claims involve the other party’s insurance, while first-party claims involve the at-fault driver’s own coverage, such as collision or uninsured motorist.

Partial fault can also affect negotiations. Insurers may be less willing to settle if the insured’s fault is high, sometimes leading to disputes or litigation.

Types of Compensation Available

Compensation types include medical expenses, property damage, lost wages, and pain and suffering. Each is reduced by the fault percentage assigned to the claimant. For instance, if medical bills total $10,000 and a driver is 25% at fault, they recover $7,500. This applies similarly to lost income or repair costs.

Non-economic damages like pain and suffering are also reduced by fault. However, fault does not usually affect claims for certain no-fault insurance benefits like medical payments coverage.

Legal Guidance for Partially At-Fault Drivers

Dealing with partial fault in a Colorado car accident requires careful legal navigation. Understanding the specific impact of fault on claims and damages is essential for protecting one’s rights and financial interests.

The Importance of Consulting an Attorney

An attorney with experience in Colorado’s comparative negligence laws can clarify how fault percentages affect compensation. They analyze evidence, negotiate with insurers, and ensure that fault is fairly assigned.

Consulting a professional early helps prevent mistakes that could reduce claim value or lead to liability for damages. Legal counsel also advises on whether to pursue settlement or litigation, based on the case’s details and fault distribution.

How Smith & Weidinger PLLC Can Help

Smith & Weidinger PLLC specializes in representing clients with complex fault issues. We conduct detailed investigations to challenge inaccurate fault assessments and maximize settlements or court awards.Our firm offers tailored legal strategies, handling negotiations with insurance companies while explaining every step clearly. Our expertise equips partially at-fault drivers to protect their rights and pursue fair financial recovery. Contact our team today for a free consultation.

Note: The information provided in this blog post has been compiled from publicly available and secondary sources. While we strive for accuracy, some details may become outdated or contain inadvertent errors. If you believe any information is incorrect or requires updating, please contact Smith & Weidinger so that we may review and make the appropriate corrections.

Disclaimer: This blog post is for informational purposes only and is not intended as a solicitation for business. The photo used is not from the scene of the incident described. Viewing this content does not create an attorney-client relationship with Smith & Weidinger. If you have been injured in an accident, please seek immediate medical attention and then consult with a qualified attorney to discuss your legal rights and options.