Colorado Comparative Negligence in Car Accident Claims

Colorado follows modified comparative negligence. Your recovery can be reduced by your share of fault, and recovery is barred when fault reaches 50% or more.

Key Points

Recovery is reduced by your fault percentage.
At 50% or more fault, recovery is barred in most negligence claims.
Evidence quality drives fault percentage negotiations.

How Shared Fault Changes Claim Value

Insurers use comparative-fault arguments to reduce payouts by assigning partial blame. Even small percentage shifts can materially change settlement value.

Objective evidence like scene photos, witness statements, and vehicle-position data can reduce unsupported fault inflation.

Common Comparative-Fault Arguments

Typical arguments include speed assumptions, sudden-stop framing, lane-position disputes, and distraction narratives.

Keep factual timelines and avoid speculative statements that can be reframed as admissions.

Frequently Asked Questions

What does modified comparative negligence mean in Colorado?

It means your damages are reduced by your share of fault, and you generally cannot recover if you are 50% or more at fault.

Can comparative fault be negotiated?

Yes. Fault percentages are often disputed and negotiated using evidence, witness credibility, and reconstruction context.

Does partial fault always kill my case?

No. Partial fault can still allow recovery if you remain below Colorado's bar threshold.

Related Resources

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