How Comparative Negligence Affects Car Accident Cases in Colorado

When you’re injured in a crash in Colorado, fault isn’t always black and white. In fact, it rarely is. One driver may have made an unsafe left turn, but if the other was speeding or texting at the time, the question becomes: who’s more responsible?

Under Colorado law, your ability to recover compensation after a car accident depends not just on proving someone else was at fault—but on how much fault you share. Even a small percentage of blame assigned to you can reduce your recovery significantly.

At Boesen Law, our car accident lawyers build strategic cases that anticipate these arguments and protect your rights from the start. Here’s what you need to know.

What Is Comparative Negligence?

In personal injury law, negligence means someone failed to act with reasonable care and their failure caused harm. But real-life accidents are complex. Multiple drivers can make mistakes in the same moment.

Comparative negligence is the legal doctrine that allows for shared fault in personal injury cases. It acknowledges that more than one party can contribute to an accident, and assigns each party a percentage of responsibility.

Let’s say Driver A runs a red light, but Driver B is speeding through the intersection. If Driver B is found to be 30% at fault, their total compensation will be reduced by 30%. Under C.R.S. § 13-21-111, Colorado applies what’s called modified comparative negligence. This means:

• You can recover compensation only if you are less than 50% at fault
• If you’re found 50% or more at fault, you’re barred from recovering any damages

Understanding this system is crucial because insurance companies often try to inflate your share of fault to minimize their payout. Our team at Boesen Law pushes back with facts, expert evidence, and legal leverage, especially in cases involving complex liability disputes such as intersection crashes and distracted driving.

For answers to your questions, call:
(303) 999-9999

How Fault Percentages Impact Compensation

Every percentage point matters in Colorado’s system. The court calculates your entire compensation based on your assigned fault percentage. When your losses are significant, even small changes in fault allocation can greatly impact your recovery.

Damages Are Reduced According to Fault

Let’s say your total damages (medical expenses, lost wages, pain and suffering) are valued at $100,000. If the insurance company argues you were 25% at fault, your final recovery would be reduced to $75,000.

Now imagine being found 51% at fault—you walk away with nothing.

That’s why we take these arguments seriously. Insurance adjusters often assign fault percentages based on incomplete reports or skewed interpretations. We challenge those with data, witness statements, expert opinions, and your own testimony.

What Types of Damages Can Be Affected?

• Medical bills from emergency care, surgery, and rehab
• Lost wages if your injury kept you out of work
• Future lost earnings if you can’t return to your job
• Pain and suffering caused by long-term injuries or trauma
• Vehicle repairs or total loss replacements

Every one of these categories can be reduced by your assigned fault. If that assignment is based on speculation—not evidence—you need a legal team that can set the record straight.

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Evidence That Influences Fault Determination

Fault isn’t just assigned based on what drivers say, it’s determined through documentation, testimony, and supporting evidence. The clearer and detailed your proof, the better your chances of protecting your rights.

This is true whether you’re dealing with a two-car crash or a more complex scenario involving multiple vehicles. Many of the same principles apply to motorcycle claims as well, where specific types of evidence often make or break the case.

Police Reports and Legal Documentation

After any injury-related crash, it’s essential to have a police report. Officers document what they see, note contributing factors, and issue citations when appropriate. These reports typically include:

• Diagrams of the scene and vehicle positions
• Weather and road conditions
• Witness statements and driver comments
• Citations issued for violations like failure to yield or speeding

While a police report isn’t the final word on fault, it carries significant weight with insurance adjusters.

Failing to file a report or get one issued can hurt your claim. Colorado law requires that any accident resulting in injury or property damage be reported to law enforcement, and not doing so could affect your legal rights.

Eyewitness Testimony and Surveillance Footage

Independent witness accounts help verify what actually happened, especially when the drivers involved offer conflicting stories. Getting the names and contact details of bystanders at the scene can be one of the most effective ways to strengthen your claim.

Video footage—whether from a nearby business, home security system, or dashcam—can also play a crucial role. These sources often capture the moment of impact or the behavior of one or both drivers just before the crash.

Expert Testimony

In more complex cases, especially those involving high-speed collisions or serious injuries, expert opinions help fill in the gaps. This might include:

• Accident reconstruction specialists who analyze vehicle movement
• Engineers who examine crash data and physical evidence
• Medical professionals who explain how the injuries occurred and their long-term effects

Insurers are quick to challenge how severe your injuries really are or suggest that something else caused them. Expert analysis helps cut through those arguments and support your side with facts.

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Common Situations Where Comparative Negligence Applies

Some crash scenarios are more prone to shared fault than others. In these cases, evidence is especially important to ensure your share of responsibility isn’t exaggerated.

Car Accidents at Intersections

Left-turn collisions, failure to yield, and conflicting interpretations of traffic lights are all common in intersection crashes. If one driver had the right of way but the other sped through on yellow, both parties might bear some responsibility.

Accidents like these often come down to the smallest details—vehicle speed, braking distance, or which lane someone was in—and that makes photos, diagrams, and witness accounts critical.

Distracted or Impaired Driving

When one or both drivers were distracted or under the influence, fault can shift significantly. If you were hit by a driver who was texting or intoxicated, that behavior may tip the balance even if you were partially at fault for something like turning too late or not signaling.

Colorado law allows recovery as long as you are found to be less than 50 percent at fault. But insurers often try to argue you were right at that threshold to avoid paying. That’s why documenting distraction or impairment is so important.

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When to Contact a Car Accident Lawyer in Colorado

Not every crash requires a lawyer, but if your injuries are serious, fault is disputed, or the insurance company is already trying to shift blame, it’s time to speak with an attorney.

This is especially true in cases where:

• The other driver is uninsured or underinsured
• You’re being blamed in part for causing the accident
• You’re facing pressure to accept a fast settlement
• Your injuries will require long-term treatment or affect your ability to work

Acting quickly is crucial—key evidence can vanish over time, and insurance companies may exploit these gaps in documentation. Having a lawyer on your side from the start means someone is actively building your case while you concentrate on healing. Time is also limited legally. Under Colorado’s statute of limitations, you must file most car accident claims within three years. Missing this deadline could cost you your right to compensation, regardless of how strong your evidence may be.

If you’ve been injured in a car accident and think fault is being unfairly assigned, get answers before it’s too late. Contact our team for a consultation and learn how Colorado’s comparative negligence laws apply to your case.

Call (303) 999-9999 or complete a Free Case Evaluation form