Colorado's Comparative Fault Rule: How It Affects Your Car Accident Claim
Learn how Colorado's modified comparative fault system works under CRS 13-21-111, including the 50% bar rule, how fault percentages reduce your award, and why legal representation matters.
If you have been in a car accident in Colorado, one of the most important legal concepts you need to understand is comparative fault. Colorado follows a "modified comparative fault" system, which means your percentage of blame directly reduces your financial recovery — and if you are 50% or more at fault, you get nothing. This guide explains how the rule works, how fault is determined, and why it matters for your claim.
What is Modified Comparative Fault?
Colorado's comparative fault rule is codified at CRS 13-21-111. Under this statute, when more than one party is at fault for an accident, each party's financial responsibility is proportional to their degree of fault.
The critical threshold is 50%. This is known as the "50% bar rule." If you are found to be 50% or more responsible for the accident, you are completely barred from recovering any compensation. If you are 49% or less at fault, you can still recover damages, but your award is reduced by your fault percentage.
Key Rule
Colorado CRS 13-21-111: A plaintiff's damages are diminished in proportion to the percentage of fault attributable to them. If the plaintiff's fault is 50% or greater, they recover nothing.
How Fault Percentages Reduce Your Award
The math is straightforward but the consequences are significant. Here is how different fault percentages affect a $100,000 claim:
| Your Fault % | Total Damages | Your Recovery |
|---|---|---|
| 0% | $100,000 | $100,000 |
| 10% | $100,000 | $90,000 |
| 20% | $100,000 | $80,000 |
| 30% | $100,000 | $70,000 |
| 49% | $100,000 | $51,000 |
| 50% | $100,000 | $0 (Barred) |
As you can see, the difference between 49% fault ($51,000 recovery) and 50% fault ($0) is enormous. This cliff effect is why insurance companies aggressively try to push your fault percentage to 50% or above. Even a small increase in your assigned fault can mean tens of thousands of dollars lost.
How Fault is Determined
Fault determination in Colorado car accidents relies on multiple types of evidence, each carrying different weight depending on the circumstances:
Police Accident Reports
The responding officer documents the scene, interviews witnesses, and often assigns a preliminary fault determination. While not binding, these reports carry significant weight.
Witness Statements
Independent eyewitness testimony from bystanders, passengers, or other drivers can corroborate or contradict the involved parties' accounts.
Physical Evidence
Skid marks, vehicle damage patterns, road debris locations, and final resting positions all tell a story about how the crash unfolded.
Traffic Camera and Dashcam Footage
Video evidence can be the single most powerful factor in fault determination because it provides an objective record of what happened.
Expert Accident Reconstruction
In serious or complex crashes, accident reconstruction experts analyze speed, impact angles, and physics to scientifically determine what happened.
Cell Phone and Electronic Records
Phone records can establish whether a driver was texting or on a call at the time of the crash. Event data recorders (EDRs) in vehicles capture speed, braking, and steering data.
Common Fault Disputes in Colorado Car Accidents
Certain accident scenarios in Colorado frequently lead to contested fault determinations:
- 1Left-turn accidents: The turning driver is usually at fault, but the through driver may share blame if they were speeding or ran a yellow light.
- 2Rear-end collisions: The following driver is typically at fault, but the lead driver may share fault for sudden braking without cause or non-functioning brake lights.
- 3Lane-change accidents: Disputes arise over who had the right of way, whether signals were used, and whether the other driver accelerated to block the merge.
- 4Multi-vehicle pileups: Colorado's mountain highways and winter weather create chain-reaction crashes where fault is divided among multiple drivers.
- 5Parking lot accidents: Low-speed collisions with complex right-of-way rules and limited visibility make these frequently disputed.
- 6Weather-related accidents: Colorado's sudden snowstorms and black ice conditions raise questions about reasonable speed and following distance.
Why Comparative Fault Makes Attorney Representation Valuable
Because fault percentage directly determines how much you recover — or whether you recover anything at all — having an experienced attorney can be the difference between a full recovery and walking away with nothing. Here is why:
Insurance companies fight to increase your fault
Adjusters are trained to find reasons to shift blame to you. Every percentage point they add to your fault reduces their payout. An attorney knows these tactics and counters them with evidence.
The 50% threshold creates enormous leverage
If the insurer can argue you were 50% at fault, they owe you nothing. Attorneys understand how to present evidence that keeps your fault below this critical line.
Evidence preservation is time-sensitive
Traffic camera footage is overwritten, witnesses forget details, and vehicle damage is repaired. Early legal involvement preserves the evidence needed to establish fault accurately.
Expert witnesses can shift the analysis
Accident reconstruction experts, medical professionals, and other specialists can provide testimony that changes the fault assessment in your favor.
If you have been in a Colorado car accident and fault is being disputed, connecting with an experienced attorney is one of the most impactful steps you can take. You can also use our settlement calculator to estimate what your case may be worth based on Colorado data, or search for your accident to get the details of your crash record.
Frequently Asked Questions
What happens if I am 50% or more at fault for my car accident in Colorado?
Under Colorado's modified comparative fault rule (CRS 13-21-111), if you are found to be 50% or more at fault, you are completely barred from recovering any damages. This is known as the "50% bar rule." Even at 49% fault, you can still recover damages, but your award is reduced by your percentage of fault.
How is fault determined after a car accident in Colorado?
Fault is determined through a combination of evidence including the police accident report, witness statements, traffic camera footage, vehicle damage analysis, expert accident reconstruction, cell phone records, and applicable traffic laws. Insurance adjusters, mediators, or a jury will evaluate this evidence to assign fault percentages to each party.
Can I still get compensation if I was partially at fault?
Yes, as long as you were less than 50% at fault. For example, if you were 30% at fault and your total damages are $100,000, you would receive $70,000 (reduced by your 30% fault). Colorado's system allows partial recovery for drivers who share some blame.
Does comparative fault apply to insurance settlements or only lawsuits?
Comparative fault principles apply to both insurance claim negotiations and formal lawsuits. Insurance adjusters use fault percentages when evaluating claims and making settlement offers. If the case goes to trial, the jury assigns specific fault percentages that directly reduce the verdict amount.
How does Colorado's system differ from other states?
Colorado uses a "modified comparative fault" system with a 50% bar. Some states use "pure comparative fault" (you can recover even at 99% fault, just reduced), while others use the stricter "51% bar" rule. Thirteen states still use contributory negligence, which bars recovery entirely if you have any fault.
CrashStory Editorial Team
This article is for informational purposes only and does not constitute legal advice. The information is based on Colorado statutes and CDOT data available at the time of writing. Laws and regulations change. Consult a qualified Colorado attorney for advice specific to your situation. Last updated: January 10, 2025.
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