Understanding Fault & Comparative Negligence in Colorado Crashes

When you’re injured in a car crash, one of the first questions that arises is: Who was at fault? In Colorado, determining fault isn’t always black and white. Colorado follows a system known as comparative negligence, which can directly impact the compensation you’re entitled to receive. Understanding this concept is essential for protecting your rights after an accident.

In this guide, we’ll break down how fault is determined in Colorado crashes, explain how comparative negligence works, and share how Fisher & Associates can help you navigate these complex situations with clarity and confidence.

What Does “Fault” Mean in Car Accident Claims?

Assigning “fault” refers to the determination of the party responsible for causing the crash. In a personal injury context, it’s a crucial factor because Colorado operates under a fault-based insurance system. This means the at-fault driver—and typically their insurance company—is legally and financially responsible for the resulting damages. These damages can include medical bills, lost wages, pain and suffering, and property damage.

Assigning fault is not always straightforward. Sometimes one party is clearly responsible, as in the case of a rear-end collision. But in many accidents, both drivers may share some degree of blame for the crash. That’s where evidence and investigation of the circumstances surrounding the accident become vital.

To determine fault, insurers, attorneys, and sometimes courts consider several key forms of evidence:

• Police Reports: These often include the responding officer’s opinion on and description of what happened, including citations issued or diagrams of the scene.
  • While not legally binding, these reports can carry substantial weight in negotiations and legal proceedings.
  • It’s important to note that police can make mistakes or miss critical details, so their conclusions may be challenged.
• Eyewitness Testimony: People who saw the crash unfold can offer an impartial perspective on what happened.
  • Witnesses may describe the behavior of each of the drivers leading up to the accident, helping to clarify contested events.
  • Their statements can be powerful, especially if the involved drivers have conflicting accounts of what happened.
• Vehicle Damage & Accident Scene Evidence: Physical damage to the vehicles and other accident scene evidence can help reconstruct how the crash happened.
  • Investigators look at impact locations, crush patterns, and points of contact to determine the speeds and directions of the vehicles.
  • Skid marks, broken glass, and vehicle positions provide clues to driver actions and timing.
• Traffic Camera or Surveillance Footage: These recordings provide objective, time-stamped insight into the circumstances and causes of the accident.
  • They can verify or disprove claims, such as whether a light was red or a driver failed to stop.
  • In some cases, footage from cameras employed by nearby businesses or dashcams can capture critical views of the incident.
• Driver Statements and Admissions: What each party says after the crash can influence how fault is assessed.
  • This is why it is best to avoid making any statements at the scene, especially any statement that could be interpreted as an admission of fault.
  • Saying something as simple as “I’m sorry” can be misinterpreted or taken out of context and could undermine your claim.

Fault isn’t just about who caused the crash—it directly affects how much compensation each party may receive. That’s why building a strong factual foundation is essential, and why legal support can make a significant difference in complex cases or cases where fault is in dispute.

Colorado’s Comparative Negligence Law Explained

Colorado follows a system called modified comparative negligence. Under this system, you can still recover compensation for your injuries and other damages even if you were partially at fault for the accident—as long as you were less than 50% at fault.

Here’s how it works:

• If you are found 0% at fault, you can recover 100% of your damages.
• If you are found 20% at fault, your compensation is reduced by 20%.
• If you are 50% or more at fault, you are not eligible to recover any damages.

Why Contributory Negligence Matters

Insurance companies will often try to assign you a higher percentage of fault to minimize the amount they have to pay. That’s why it’s critical to have a legal team that knows how to push back with evidence and advocacy.

At Fisher & Associates, we meticulously investigate every angle of your case to ensure that fault is fairly assigned and your rights are protected.

Real-Life Example: Comparative Negligence in Action

Imagine this scenario:

You’re driving through an intersection when another car runs a red light and crashes into your vehicle. However, it’s discovered that you were driving slightly over the speed limit. The court determines:

• Other driver: 80% at fault
• You: 20% at fault

If your damages total $100,000, you would be eligible to recover $80,000.

This illustrates how even minor faults can affect your compensation—but they don’t necessarily prevent recovery.

Common Factors That Influence Fault Percentages in Colorado Crashes

Understanding the types of behaviors that can influence fault assignment can help you navigate your claim more strategically. Here are some common ones:

• Distracted Driving: Using a phone, eating, adjusting the radio, or any activity that diverts attention from the road.
  • Distracted driving is one of the top contributors to preventable crashes in Colorado. A momentary lapse in focus can lead to devastating consequences.
  • Even if the distracted behavior seems minor, it can significantly increase the driver’s liability in a crash.
• Speeding: Traveling over the posted speed limit or too fast for road, weather, or traffic conditions.
  • Speeding reduces a driver’s reaction time and increases the force of impact during a collision, often leading to more severe injuries.
  • If you were speeding—even slightly—you might share partial fault for the accident, which could reduce your compensation.
• Failure to Yield: Not allowing another vehicle or pedestrian the legal right-of-way.
  • This is especially common in accidents at intersections, roundabouts, or when merging.
  • Failing to yield can make a driver fully or mostly liable, even if the other party was also doing something questionable.
• Driving Under the Influence (DUI): Operating a vehicle while impaired by alcohol, drugs, or other substances.
  • DUI drastically increases the likelihood of a crash and the severity of any injuries that result.
  • Drivers found to be impaired are often assigned the majority, if not all, of the fault—and may face punitive damages as well.
• Weather Conditions: Rain, snow, fog, or ice can make driving more dangerous and demand greater caution.
  • However, drivers are still expected to adapt their behavior to the conditions—such as slowing down or increasing following distance.
  • Blaming the weather is not a valid defense if you were driving irresponsibly for the situation.
• Running Red Lights or Stop Signs: Disobeying traffic control devices is a clear sign of negligence.
  • These violations often lead to T-bone collisions, which tend to cause serious injuries.
  • A driver who ignores a stop sign or red light will likely be found primarily if not totally at fault.
• Improper Lane Changes: Failing to signal or check blind spots before changing lanes.
  • Swerving or abrupt lane shifts without proper signaling can lead to sideswipe or multi-vehicle crashes.
  • Such errors can contribute significantly to fault, especially on highways and other busy roadways.

Recognizing these types of behaviors and how they influence fault can empower you to make safer choices on the road—and help protect your legal rights if you’ve been injured in a crash.

How Insurance Companies Use Comparative Negligence Against You

Insurance companies are in the business of paying out as little as possible. They often use comparative negligence to:

• Shift blame onto the victim: Claiming you were distracted, speeding, or contributed to the accident.
  • Even a small percentage of fault can reduce their payout significantly.
• Delay or Deny Claims: Arguing fault is unclear to slow down or hijack the process.
  • This tactic is designed to pressure victims into accepting lowball offers.

In these situations, a knowledgeable attorney becomes critical. At Fisher & Associates, we know how comparative negligence works. We don’t just submit claims—we build compelling, evidence-backed cases that insurance companies are forced to take seriously.

What to Do After a Colorado Crash to Protect Your Rights

Taking the right steps after a crash can strengthen your position when comparative negligence is at play:

1. Call 911 and request a police report.
   • Even if the crash seems minor, having a law enforcement officer document the scene is essential.
   • The police report provides an official, unbiased version of events and can be used to support your case later on.
2. Document everything.
   • Use your phone to take photos of the vehicles, damage, street signs, injuries, road conditions, and any skid marks or debris.
   • Visual evidence helps reconstruct what happened and may reveal key details that support your version of events.
3. Get medical attention immediately.
   • Injuries can worsen over time, and insurance companies may question the cause or the seriousness of your injuries if you delay treatment.
   • Seeing a doctor not only protects your health—it also establishes a clear medical record linking your injuries to the crash.
4. Do not admit fault.
   • Emotions run high after a crash, and it’s natural to want to apologize—but even saying “I’m sorry” can be misinterpreted and used against you.
   • Let the investigation determine what happened. Avoid discussing blame with the police officers, the other driver or witnesses.
5. Talk to a personal injury attorney before giving a recorded statement.
   • Insurance adjusters may seem friendly, but their goal is to reduce the company’s payout—not to help you.
   • They often ask leading questions to get you to say something that implies partial fault. Legal guidance helps you avoid these traps.
6. Keep records of everything.
   • Maintain copies of medical bills, repair estimates, pay stubs (to show lost wages), and any correspondence with insurance companies.
   • The more documentation you have, the easier it is for your attorney to build a strong claim on your behalf.
7. Avoid posting on social media.
   • Insurance companies often review social media accounts to find evidence that can be used against you.
   • Even an innocent photo or status update could be twisted to suggest your injuries weren’t caused by the accident or aren’t as serious as claimed.

Following these steps puts you in the best position to protect your rights, especially when comparative negligence could affect your compensation. Every decision you make after a crash matters—and clear legal guidance can make all the difference.

How Fisher & Associates Helps Clients With Comparative Negligence Claims

Our legal team brings over 15 years of experience handling car accident claims across Colorado. We understand how insurers use comparative negligence to their advantage—and we know how to fight back.

We start by conducting a thorough investigation. That means gathering police reports, medical records, witness statements, and physical evidence from the crash scene. We also consult accident reconstruction experts when needed. Our priority is to uncover the full truth and ensure no unjust blame is placed on you.

Clear communication is another cornerstone of our approach. We explain everything in plain English, not legal jargon, so you always understand what’s happening with your case. You’ll never feel in the dark or left behind—we make sure you’re informed and empowered every step of the way.

When it comes to negotiations, we don’t back down. Insurance companies often make lowball offers hoping you’ll settle quickly. We push back hard—fighting for full and fair compensation. And if that means taking your case to trial, we’re ready. We prepare every case like it could go to court, because it might.

Finally, we believe in access to justice. That’s why we don’t charge any upfront fees. We only get paid if we win or settle your case. (Client may still be responsible for court costs and legal expenses.)

With Fisher & Associates, you don’t just get legal representation—you get a team that listens, fights, and stands with you when it matters most

FAQs About Fault and Comparative Negligence in Colorado

Can I still get compensation if I was partially at fault?

Yes. As long as you’re less than 50% at fault, you can still recover compensation in Colorado.

What if the other driver blames me?

Fault disputes are common. A personal injury attorney can help gather the evidence needed to challenge those claims.

Will my compensation be reduced?

It might. Your settlement is reduced in proportion to your percentage of fault for the accident.

Is a police report enough to prove I wasn’t at fault?

Not always. Insurance companies may still argue against it. Additional evidence strengthens your case.

What if there were multiple drivers involved?

Colorado allows for fault to be split among multiple parties. Each driver’s liability will be evaluated separately.

How soon should I talk to a car accident lawyer?

Immediately. The sooner you have representation, the better you can protect your rights and gather the evidence required to build your case.

Call Fisher & Associates for a Free Case Review

If you’ve been involved in a crash in Colorado and are unsure how fault might affect your claim, don’t guess—get answers. Contact Fisher & Associates for a 100% free consultation today. We’ll help you understand your rights, build a strong case, and fight to ensure you’re treated fairly.

You don’t have to face this alone. Call us today at (303) 779-5300