The difference between contributory and comparative negligence is whether you can recover anything when you share the blame. Contributory negligence bars any recovery if you are even slightly at fault, while comparative negligence lets you seek damages even if you are partially at fault. Colorado uses modified comparative negligence, so you can recover only if your share of fault is less than the defendant’s.
Whether a state employs a contributory negligence or a comparative negligence doctrine in determining liability for personal injury or property damage is of great importance. A contributory negligence doctrine bars a plaintiff from receiving any compensation if they are determined to be at fault in any percentage, while a comparative negligence doctrine allows a plaintiff to seek damages even if they are partially at fault. Colorado employs “modified comparative negligence” in determining liability. Read on to learn more about what that means.
Three Negligence Systems Compared
| System | How it works |
|---|---|
| Contributory negligence | Bars a plaintiff from receiving any compensation if they are found at fault in any percentage. |
| Pure comparative negligence | Allows a plaintiff to receive damages even if their negligence is greater than the defendant’s. Damages are reduced by their share of fault. |
| Modified comparative negligence (Colorado) | Allows a plaintiff to recover only if their negligence is less than the defendant’s. At 50 percent or more, no damages are awarded. |
Colorado’s Modified Comparative Negligence
There are two types of comparative negligence that are used when assessing liability: pure comparative negligence and modified comparative negligence. Pure comparative negligence allows the plaintiff to receive damages even if their negligence is greater than the defendant’s negligence, but modified comparative negligence usually does not. In Colorado, modified comparative negligence allows a plaintiff to recover damages only if their negligence is determined to be less than the negligence of the defendant. If a plaintiff is determined to be 49% negligent, they may receive damages, though the amount will be reduced, for example. If a plaintiff is found to be 50% negligent or more, however, no damages will be awarded. Learn more in Colorado Comparative Negligence: How Shared Fault Works.
How Can I Be Found at Fault in My Own Personal Injury Case?
Even if you are the injured party, there are a few ways that you might be held accountable for part of the fault in your case. The same rules for determining negligence apply to both parties, so if you were being careless, inattentive, or failed to properly assess risk, you may be held at least partially responsible for your injury or property damage. The defendant in the case may argue that you knew or should have known the risk involved in whatever activity you were participating in and therefore bear some of the responsibility. You could also be held partially at fault if you were breaking the law at the time. For example, if your car was hit by a reckless driver while it was illegally parked, you might bear some percentage of the liability for the crash. If you were engaging in prohibited behavior that you knew was risky, such as walking along a high ledge that was not meant to be walked on, you could be held partially liable if you fell. The good news is that as long as you are less than 50% responsible for your own injury, you can still recover some damages in a personal injury case.
Related Reading
- Colorado Comparative Negligence: How Shared Fault Works
- How Is Fault Determined After a Colorado Car Crash?
- Ordinary vs. Gross Negligence in Colorado
Talk to Greer Law About Shared Fault
Our personal injury attorneys have a lot of experience investigating crashes and injuries and determining who is at fault. We are here to help you in any way we can. Call our office today at 303-331-6460 to speak to a skilled personal injury attorney and start working on getting the compensation you need.
