Is Colorado a Comparative Negligence State?
- Colorado is a modified comparative negligence state, meaning liability can be shared between multiple parties in a car accident.
- If you are 50 percent or more at fault for an accident, you cannot recover any compensation under C.R.S. 13-21-111.
- Your compensation is reduced in proportion to your share of fault, so a 25 percent fault finding reduces a $50,000 award to $37,500.
Colorado’s modified comparative negligence law means the insurance company reviewing your case may not entirely blame one driver. After a car accident, you should speak with a qualified attorney as soon as possible to protect your right to compensation.
Modified Comparative Negligence Explained
A modified comparative negligence law means multiple people can be liable for an accident, and if you are found to be over a certain percentage at fault, you cannot receive compensation. In Colorado, this threshold is 50 percent, so if you are 50 percent or more responsible for the accident, you cannot be reimbursed for the damages (C.R.S. 13-21-111). In a pure comparative negligence state, you can be 99 percent responsible for the accident and still receive some compensation.
There are no strict regulations for determining which party is at fault for a car accident. Each case is unique, and car insurance adjusters must make a decision after looking at several different factors. For example, if a driver was speeding through an intersection but had the right of way yet still hit a turning vehicle, the driver may only be 20 percent responsible for the accident and can receive compensation. There is no set determination for how much your award will be reduced, as no car accident is the same.
To prove the other party involved was more negligent than you were and to improve your odds of being awarded compensation, consider speaking with a car accident attorney who can help you with your claim.
How Comparative Negligence Influences Personal Injury Claims
When resolving a car accident claim, your compensation will be reduced by an amount based on how much negligence you displayed. For instance, if you are found to be 25 percent at fault for the accident while the other party is 75 percent at fault, your final compensatory award will be reduced by 25 percent. If your reimbursement was $50,000, for example, this would be reduced to $37,500.
Because of how this law works, it is essential to hire a personal injury attorney immediately following your accident. Your compensation can be reduced if you are found to be negligent, and if you are unable to prove you were not as negligent as the judge decides, you may struggle to recover physically and economically. A qualified attorney can gather all relevant evidence, such as police reports or eyewitness testimonies, and build a case for you. This can help you ensure all of the compensation you deserve so your recovery process is not as overwhelming.
Speak With a Personal Injury Attorney Today
The legal system in Colorado can be confusing to fully understand, as there are several different details and laws to abide by. Car accidents can be daunting and stressful to experience, and trying to understand the legal details while recovering from injuries provides an entirely new challenge. Because of the comparative negligence laws in this state, it is common for many individuals to wonder how negligent they were, and many fear reduced or lost compensation. If you have been in a car accident in Colorado, we want to speak with you immediately.
Our staff at Cheney Galluzzi & Howard have represented several Coloradans who were partially negligent in car accidents. We have fought to help these people earn some degree of compensation, as they may have struggled to achieve this alone. We are prepared to assist you as well, and we hope you will inform us of your case so we can begin creating a defense. To learn more about comparative negligence or to schedule a consultation, contact our team today.
Frequently Asked Questions
Is Colorado a modified comparative negligence state?
Yes, Colorado is a modified comparative negligence state. This means more than one party can be at fault for an accident, and each can receive compensation after a thorough investigation. In Colorado, someone who is 50 percent or more liable for a car accident cannot receive compensation (C.R.S. 13-21-111), which is why this state is considered a modified type of comparative negligence state.
Does Colorado have joint and several liability?
In most cases, Colorado does not use joint and several liability. This type of liability makes multiple defendants pay compensation after a car accident has occurred, but only if the victim won their case and multiple parties are found to be liable. However, in 1986, Colorado largely abolished these rules, with a few minor exceptions. The state still uses joint and several liability when multiple defendants act together and hurt the victim.
What is the difference between negligence and gross negligence in Colorado?
Negligence implies there was a thoughtless mistake or inattention that resulted in an injury. Gross negligence is a deliberate disregard for the safety of other people, which results in at least one party sustaining an injury. In other words, negligence occurs when someone fails to take precautions, whereas gross negligence is intentional. In both cases, a knowledgeable attorney at your side can help you navigate these complicated matters more easily.
What are the three types of comparative negligence?
There are three types of comparative negligence various states use: pure, modified, and slight or gross. Pure allows plaintiffs to earn compensation even if they are 99 percent responsible for the accident. Modified negligence, which is what Colorado uses, allows anyone who is less than 50 percent at fault to earn compensation (C.R.S. 13-21-111). Slight or gross negligence is only practiced in South Dakota and assigns rewards based on the actions themselves.
This article is general information for Colorado injury readers. It is not legal advice, does not create an attorney-client relationship, and does not promise that any rule or outcome applies to your situation. Comparative negligence, fault allocation, and personal injury claim questions require case-specific legal review.
IT'S MORE THAN MONEY.
You were injured. We handle everything else.
Free consultation. No fee unless we win. Denver office serves all of Colorado.