What if I am partially at fault for my accident?
If you may have been partially to blame for the car accident you were involved in, it does not necessarily bar you from pursuing a compensation claim. Colorado follows a modified comparative negligence rule for car accident cases. Under this rule, you may still pursue a claim for compensation following a car accident so long as your share of fault for the accident is not as great or greater than the share of fault of the person you are seeking compensation from. For example, if you were involved in a car accident with one other driver, you may pursue a claim for compensation against the other at-fault driver if your share of fault for the crash was not more than 50 percent.
Even when you are still entitled to bring a claim despite your partial fault for the accident, your total financial recovery will be reduced in proportion to your share of responsibility under the modified comparative negligence rule. For example, suppose you suffered $100,000 in total losses in a car accident and are found to have been 25 percent at fault for the crash and your injuries and losses. In that case, the court will reduce your recovery by $25,000 to reflect your share of responsibility.