Can You Still Get Compensation If You Were Partially at Fault For a Car Accident?

Some people forego filing an insurance claim if they contributed to the accident, mistakenly believing that if they helped cause the accident that they can’t recover compensation for it.

However, Colorado’s modified comparative negligence law generally allows accident victims to recover compensation if they are not primarily responsible for the accident. Below, our Denver car accident legal team explains what you need to know about this system. 

Systems of Contributory and Comparative Fault

States are generally divided into the following categories when dealing with situations in which the accident victim contributed to the accident:

• Contributory negligence: Under this system, a victim cannot recover any compensation if they are found to have contributed to the accident to any degree. Because of the harsh treatment of this rule, most states have moved away from using it.
• Pure comparative negligence: Pure comparative negligence is the opposite extreme of contributory negligence. Here, the accident victim can recover compensation even if they were mostly at fault for the accident, but their compensation is reduced according to their degree of fault.
• Modified comparative negligence: The modified comparative negligence system is the middle ground. With this system, accident victims can recover compensation as long as their fault does not exceed a particular threshold, usually 49%, 50%, or 60%. 

Colorado uses a modified comparative negligence system.

Colorado’s Modified Comparative Negligence Law

Colorado’s modified comparative negligence law allows accident victims to recover compensation for their injuries and losses even if they contributed to the accident if their degree of fault is less than the defendant’s degree of fault. However, their compensation is reduced by their degree of fault. 

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Determining Fault in a Colorado Car Accident Case 

Determining the degrees of fault between different parties is central to recovering fair compensation after an accident. Various methods and forms of evidence can help determine fault, such as:

• Police reports: If a police officer responds to an accident, they may prepare an official report. This report can contain useful information, including the names and statements of drivers, whether the other driver was cited or violating a traffic law, notes about road and weather conditions, and a diagram of the accident scene.
• Video or photo evidence: Dash cams, traffic cameras, or surveillance cameras may have recorded the accident, or you might have taken pictures of the crash after it happened. This evidence can help paint a picture of how the crash occurred.
• Physical evidence: Physical evidence like damage to vehicles, skid marks, or debris on the roadway 
• Witness statements: Other people may have observed the accident or the moments leading up to it. Statements from objective witnesses can be powerful evidence in an insurance claim, especially when the drivers have competing versions of events.
• Expert witness analysis: Accident reconstruction experts could help illuminate factors that contributed to the accident by evaluating physical evidence, event data recorder logs, and other objective evidence. 

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If you’d like to learn whether you have legal grounds to file a personal injury claim, contact Dulin McQuinn Young for a free, no-obligation case review.