Colorado's limit on non-economic damages
Pain, suffering, and the effect on how you live. Colorado limits these. For civil actions filed on or after January 1, 2025, and before January 1, 2026, or claims accruing on or after January 1, 2025, the statute provides that "the total amount of such damages that may be awarded must not exceed the sum of one million five hundred thousand dollars." Which figure applies to a particular case depends on when it was filed or when it accrued, and that is a question for a lawyer with the file.
Being partly at fault does not necessarily end it
Colorado uses modified comparative fault. Your damages are reduced in proportion to your share: the court "shall reduce the amount of the verdict in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made."
However, there is a clear limit. If your share "is equal to or greater than the negligence of the person against whom recovery is sought, then, in such event, the court shall enter a judgment for the defendant." At 50 percent you recover nothing.
That 50 percent line is why the questions you're being asked matter so much. If an insurer can move your share from 30 percent up to 50, your recovery goes to zero. So questions about your helmet, your clothing, or whether you rolled a stop sign are questions about your share of fault, which is why they carry more weight than they might appear to.