What if I am partly at fault for the crash?
Just because you may bear some fault for the accident does not mean you cannot pursue a compensation claim. Colorado uses a “modified comparative negligence” rule in truck accident cases. Under this rule, an injured party is not barred from bringing a claim so long as their share of fault for their injuries is not greater than the percentage of responsibility of the party from whom compensation is sought. In other words, so long as you were not 50 percent or more responsible for the truck accident, you can still file a claim against the other at-fault parties.
However, under comparative negligence, your total compensation must be reduced in proportion to your share of fault for your injuries and losses. For example, if you suffer $100,000 in losses from a truck accident that you bear 20 percent responsibility for, your compensation will be reduced by $20,000 to reflect your share of fault.