The Short Answer
No. Colorado is not a no-fault state. Since 2003, Colorado has been an “at-fault” state, which means a driver who believes the other driver was at fault can seek damages from that driver or their insurance company. Liability has to be proven by a preponderance of the evidence.
How Colorado Changed in 2003
Until July 1, 2003, Colorado used a no-fault system for car insurance. People injured in a crash collected personal injury protection (PIP) benefits through no-fault insurance, and they could sue the at-fault driver only if their injuries met certain thresholds, such as death, permanent disability or medical expenses over $2,500. In 2003, however, Colorado changed its policy and became an “at-fault” state. What this means is that now one party in a liability case can sue the other and seek damages. In the car crash example, a driver who believes the other driver to be at fault can seek damages from the other driver or their insurance company and make no claim on their own insurance. Liability has to be proven in order for damages to be awarded, but the burden of proof is a “preponderance of the evidence,” which is a lower standard than proof “beyond a reasonable doubt,” the standard required to prove guilt in criminal cases.
How Shared Fault Is a Separate Question
In Colorado, liability is not an all-or-nothing proposition. It is possible for each party to bear some percentage of responsibility for a crash or injury. Colorado follows a policy of modified comparative damages in determining liability. What this means is that it is possible that both parties bear some percentage of liability in a personal injury case. In Colorado, as long as the plaintiff carries less than 50% of the liability in a personal injury case, they can still recover damages, though the amount will be reduced by the percentage of liability assigned. For example, if the plaintiff in a car crash case is determined to be 10% responsible for their own crash, they would only receive 90% of the damages awarded. If the plaintiff is determined to be 50% or more liable for the crash or injury, they can receive no damages at all. Learn more in Colorado Comparative Negligence: How Shared Fault Works.
How Is Liability Determined in Colorado?
In Colorado negligence claims, many factors are considered when determining liability. In order to be found negligent, in whole or in part, the defendant must have had a duty to protect the plaintiff from harm and must have failed to fulfill that duty. For example, a business owner has a responsibility to make sure that the door to their building is safe for those entering. If the business owner fails to remove the glass shards left from a broken window and a customer is cut by the glass or slips and falls on it, the business owner has failed in their duty to protect the customer and may be held liable. Other elements necessary to prove a negligence claim are that the defendant’s actions or inaction caused the plaintiff’s harm and that the plaintiff suffered actual damages.
How Could I Be Found Liable for My Own Injury?
If you are harmed or injured doing something that you knew you shouldn’t be doing, you may be held at least partially liable. For example, if you swim at a beach that has a “no swimming” sign posted and cut your leg on a sharp piece of metal that is hidden underwater, you may be held at least partially responsible for your injury. Any time you knew or should have known that your actions could result in injury, the defendant can argue that you are at least partially liable for any harm that befalls you.
Related Reading
- How Is Fault Determined After a Colorado Car Crash?
- Colorado Comparative Negligence: How Shared Fault Works
- Who Pays Medical Bills After a Colorado Car Crash?
Talk to Greer Law About Fault After a Crash
If you are unsure who is at fault for your injury or harm, consult with one of our skilled personal injury attorneys to determine your best path forward. Contact us online or call 303-331-6460.
