Under Colorado’s modified comparative negligence rule, you can still recover compensation after a crash if you were partly at fault, but your compensation is reduced by your share of fault. There is a cutoff, though: if your share of fault is too high, you cannot recover.
Crashes are always unexpected and could happen to anyone, any time, anywhere. Driving a car on the road is one of those activities you engage in being aware of the inherent risks, but sometimes situations can get out of control. Even if you are the most cautious driver on the road, you would expect that every other driver around you would take the same level of precaution. Sadly, that’s usually not the case. What happens when you get involved in a crash, and you are not entirely at fault?
What Is Modified Comparative Negligence?
Modified comparative negligence is a legal framework used in Colorado to determine the extent of liability among the parties involved: the degree of fault, the proportion of damages and the compensation in a personal injury lawsuit. Under this rule, you can recover compensation as long as your share of fault is less than the other party’s, meaning 49 percent or less. Your compensation is then reduced by your percentage of fault. If you are 50 percent or more at fault, you cannot recover. This means the court will assign a percentage of fault to each party involved in the crash and determine the amount of compensation for damages such as medical bills, lost wages, and pain and suffering.
How Shared Fault Affects a Claim
Colorado courts apply modified comparative negligence in every negligence case, including multi-vehicle crashes. If you are involved in a crash and found to have contributed in any way, for instance, if it was determined that you were speeding at the time of the crash, your compensation would still be reduced by your share of liability. Not wearing a seatbelt is treated differently in Colorado. It can reduce only the pain and suffering part of an award, not your medical bills or lost wages. The degree of your fault would be determined based on the facts of the case, relative to the actions of other parties involved.
Evidence Used to Evaluate Fault
Fault is decided from the facts of each case. Evidence that often helps show what each person did includes:
- The police report
- Photos and video of the scene and the vehicles
- Statements from witnesses
- Vehicle damage and repair records
- Medical records showing your injuries
Why Shared Fault Cases Can Be Complex
If you are planning to make a personal injury claim, it’s crucial to note that the legal framework surrounding Modified Comparative Negligence can be complex. Having a Colorado car crash attorney with the right expertise can significantly increase the chances of getting a fair settlement. Our injury attorneys understand the intricacies of the law, including the burden of proof, the statute of limitations, contributory negligence, and the impact of the legal doctrine on your case outcomes.
Modified Comparative Negligence is a legal concept that aims to reconcile the conflicting interests of parties involved in personal injury claims. If you have been involved in a crash in Colorado and you’re considering making a personal injury claim, reaching out to a competent attorney can make all the difference. Along with offering expert legal guidance, they can help you navigate the complex court proceedings and increase your odds of getting fair compensation. With their help, you could be well on your way to recovering from the physical, emotional, and financial damage caused by crashes.
Related Reading
- Comparative vs. Contributory Negligence in Colorado
- How Is Fault Determined After a Colorado Car Crash?
- Is Colorado a No-Fault State for Car Crashes?
Talk to Greer Law About Shared Fault
If you were hurt in a crash and have been told you were partly at fault, contact Greer Law. Fill out our contact form or call 303-331-6460.
