How is Fault Determined After a Car Accident?

Fault is a crucial factor in Colorado car accidents for both the accident victim and the responsible party, as Colorado is an at-fault state. This means accident victims may file a claim against the party responsible for the accident without first filing a claim with their own insurance company or meeting any damages threshold.

Before an accident victim may recover compensation for their car accident-related injuries, they must prove the other party’s negligence caused their injuries. The following outlines how negligence is determined after a Colorado car accident.

If you suffered car accident injuries in Denver, it is wise to have your case reviewed by an experienced personal injury attorney before speaking with an insurance adjuster.

How is Fault Determined After a Car Accident?

Proving Negligence After a Colorado Car Accident

When a driver acts negligently, they act carelessly or with disregard for others. In Colorado, negligence is a determining factor in fault for a car accident. 

Proving negligence requires showing the following:

  • A driver owed a duty of care (all drivers owe a duty of care to follow the law and operate their vehicles responsibly);
  • That driver breached their duty of care;
  • A person was injured as a result; and
  • That person suffered compensable damages.

It is possible for more than one driver, or the victim, to act negligently and share in responsibility for a car accident.

Modified Comparative Negligence in Colorado

Colorado follows the modified comparative negligence system. Under this system, parties may share responsibility for an accident. 

An injury victim’s damages award is reduced by their assigned percentage of fault for the accident. An injured party found 50% or more at fault for an accident may not recover compensation for their injuries.

For example:

  • An injury victim is found to be 25% at fault for an accident;
  • That victim is subsequently awarded $100,000 in damages;
  • The victim’s damages award is reduced by 25% or $25,000; and
  • The victim is left with a damages award of $75,000.

If you were injured in a car accident, the other party’s insurance company will thoroughly investigate the accident and collect any evidence available. It is in their best interests to lessen their liability by shifting some or all of the accident blame onto you. 

Evidence Used to Establish Fault After a Car Accident

There are several types of evidence used to establish fault after a car accident. An experienced car accident attorney may use any of the following and more to build and defend your injury claim against attack from an insurance company:

  • A police accident report;
  • Photographs of the accident scene;
  • Eyewitness testimony;
  • Medical records; and
  • Accident reconstruction expert testimony.

Evidence is readily available immediately following a car accident. Speak with an experienced car accident attorney as soon as possible to begin your case. 

Contact an Experienced Denver Car Accident Attorney Today

Call Dulin McQuinn Young to schedule your risk-free car accident consultation. We have over two decades of experience helping injury victims across Colorado get the compensation they deserve.

Dulin McQuinn Young was built by trial attorneys unafraid to take on large insurance companies. We fight for those who are unable to fight for themselves.

Do not hesitate to call Dulin McQuinn Young at (303) 246-1111. The sooner we start your case, the faster you can move ahead with your life!


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