What Is Colorado’s Modified Comparative Fault Rule?

In Colorado, being partially at fault doesn’t mean you’re out of options. Here’s how shared responsibility impacts your injury claim.

Fault Isn’t Always Black and White

After a serious car or truck accident, most people assume one driver is entirely at fault. But in reality, determining fault isn’t always that simple.

Maybe you were turning when you got hit. Or maybe the other driver ran a red light—but you were speeding. Now the insurance company is trying to argue you share part of the blame for the accident. Don’t panic.

Colorado law recognizes that more than one person can be responsible for a crash. It’s called modified comparative fault—and it’s one of the most misunderstood parts of personal injury law. At Fisher and Associates, P.C., we help injury victims understand how fault is determined—and we fight to make sure that your rights and your compensation are fully protected.

What Is Colorado’s Modified Comparative Fault Rule?

Modified comparative fault is a legal rule used in Colorado personal injury cases to allocate responsibility when both parties may be partially at fault for an accident.

Here’s how it works:

• If you are less than 50% at fault, you can still recover compensation.
  
• Your final award is reduced by the percentage of fault assigned to you.
  
• If you are 50% or more at fault, you may receive nothing.
  

Real Example:

You’re awarded $200,000 for injuries.
If you’re found 20% at fault:
You still recover $160,000.

But if you’re found 50% or more at fault?
You may recover $0.

That’s why it’s critical to challenge any inflated fault claims from the other party—or their insurer.

How Is Fault Decided in a Colorado Accident?

Fault isn’t decided in a vacuum. It’s often a mix of evidence, interpretation, and negotiation. After a crash, multiple parties play a role in determining how the blame is assigned:

• Police officers file crash reports based on what they observe a the scene
  
• Insurance companies conduct their own investigations, sometimes using biased narratives
  
• Attorneys dig deeper, using experts and documentation to uncover the truth
  

These fault determinations can have a massive impact on your compensation. That’s why you should never rely on what the insurer tells you based on their determination of fault.

At Fisher and Associates, P.C., we launch our own investigation to correct any unfair determination of blame and protect your right to financial recovery.

Real-World Scenarios Where Fault Might Be Shared

Modified comparative fault often comes into play when both drivers made small mistakes—but one clearly caused the crash.

Scenario 1:

You were hit by a semi-truck that drifted into your lane. But you were slightly speeding.

The trucking company might argue:
“You contributed to the severity of the crash.”
But the reality? They still caused it.

Scenario 2:

You were rear-ended, but your brake lights weren’t working.

The insurer might claim:
“You should have maintained your vehicle.”
Still, Colorado law may find the other driver primarily responsible.

Scenario 3:

You made a left turn at an intersection, and a car hit you.

They say:
“You turned in front of traffic.”
But dashcam or witness evidence might show you had the right of way—or that they were speeding.

Why Every Percent of Fault Matters

In high-value injury claims—like those involving trucks, motorcycles, or severe injuries—a 10% shift in fault can reduce your settlement by tens of thousands of dollars.

Example:

• You’re awarded $500,000
• You’re 10% at fault → $450,000 payout
• But if they succeed in assigning 50% of fault to you? You walk away with nothing.
  

That’s why fault arguments are one of the most dangerous tactics used by insurance companies. And why at Fisher and Associates, P.C., we work so hard to push back.

How Fisher and Associates, P.C. Protects Your Rights in Shared Fault Cases

At Fisher and Associates, P.C., we never just accept the insurer’s version of what happened. We investigate it and we challenge it—with facts, experts, and legal strategy.

Here’s how we fight back:

• Accident Reconstruction: We hire engineers to recreate the crash and demonstrate who was really at fault.
  
• Black Box & Telematics Data: Especially in truck cases, we use onboard data to prove speed, braking, and lane usage.
  
• Witness Statements: We track down third-party observers who can provide unbiased accounts.
  
• Driver & Company Records: We review safety violations, driving history, and negligent behavior that may shift fault back where it belongs.
  

Our job is to lower your percentage of fault—or eliminate it entirely. That’s how we maximize your recovery.

What To Do If You’re Being Blamed for a Crash

If you’ve been in an accident and the other side is trying to shift the blame, follow these steps immediately:

1. Do Not Admit Fault

Even a casual “maybe I could’ve stopped faster” can be used against you.

2. Preserve Evidence

Photos, witness info, dashcam footage—every detail helps us prove your version of events.

3. Call Fisher and Associates, P.C. Immediately

The sooner we act, the more evidence we can preserve—and the stronger your case becomes.

You Deserve the Full Truth—And the Full Compensation

Colorado’s modified comparative fault rule is complicated. But with the right legal team, it doesn’t have to be intimidating.

📞 Call Fisher and Associates, P.C. today for a free, no-obligation consultation.
We’ll help you fight back against unfair blame—and protect every dollar you’re owed.