What happens if you were involved in a car crash that you contributed to in one way or another? Can you still file a car accident claim and hold the negligent driver accountable for the harm and losses you suffered? Does your contribution to the crash bar you from recovering compensation?
In Colorado, you may still be entitled to damages even if you played a part in a car accident. The state follows a modified comparative negligence rule that allows claimants to recover damages when they share responsibility for the crash. However, some exceptions apply, as explained below.
Your level of contribution to the accident matters
You can only recover compensation if your degree of fault is not greater than or equal to the other driver’s. Each party’s degree of fault is expressed as a percentage, and you can only recover damages when your contribution is less than 50%. However, that’s not all there is to it.
Colorado’s laws further diminish the amount of recoverable compensation in proportion to a party’s contribution to the crash. In other words, you can only recover compensation to the extent you were not at fault. For example, if you were 30% at fault, you are only entitled to 70% of the total damages you would have otherwise been eligible to receive.
Learn more about your rights and legal options
Accurately assessing and determining each party’s fault after a car accident is far from straightforward. Each situation presents unique challenges, and the complex interplay of evidence, regulations and legal concepts requires a meticulous approach.
As such, it’s best to seek informed guidance to better understand your rights, the legal framework and how to effectively navigate the claims process in pursuit of a fair settlement.