Most people think negligence in car accidents is about who hit whom. In reality, fault isn’t always that simple.
In 2024, nearly 700 people were killed in car accidents in Colorado — proof that these crashes often have serious, sometimes permanent consequences. In many of these cases, the question isn’t whether someone is at fault, but how much fault each driver shares.
Colorado uses a system called comparative negligence, which means more than one driver can be held responsible for a crash, and your compensation depends on how much of the blame you share. Even if you weren’t fully at fault, that split can impact what you’re owed and how your case unfolds.
In this article, we’ll break down how Colorado handles shared responsibility, what it means for your recovery, and how a car accident lawyer will help protect your claim from being undervalued.
What Is Comparative Negligence?
Comparative negligence is the idea that more than one person can be responsible for a crash, and that each person’s share of the blame matters.
Maybe one driver was speeding, but the other made a risky turn. Maybe someone ran a red light, but the other driver wasn’t wearing a seatbelt.
When fault is shared, comparative negligence is the legal framework used to divide it up.
It’s different from older models like contributory negligence, where even 1% of fault could prevent you from recovering anything. It’s also more limited than the “pure” version used in some states, which lets you recover damages no matter how high your share of fault is.
In Colorado, the rules are somewhere in between, and that makes understanding comparative negligence essential for anyone involved in a car accident.
Colorado’s 51% Rule: The Modified Comparative Negligence Standard
Under comparative negligence Colorado law, fault doesn’t have to be all or nothing.
Colorado follows a “modified” comparative negligence law system, which means you can still recover damages, as long as you’re not more than 50% responsible for the crash.
This rule is outlined in C.R.S. § 13-21-111, and it plays a major role in how car accident liability in Colorado is handled. If you’re found to be 51% or more at fault, you’re barred from collecting any compensation.
If you’re 50% or less at fault, you can still recover damages, just reduced by your percentage of fault.
Here’s a simple example: If you’re awarded $100,000 but found to be 20% at fault, your This pure comparative negligence rule under Colorado accident laws is designed to assign compensation would be reduced by 20%. You’d walk away with $80,000.
responsibility fairly, but it also means that even small increases in your assigned fault can significantly reduce what you’re entitled to.
That’s why it’s so important to get an accurate assessment and challenge any inflated fault claims.
How Pure Comparative Negligence and Fault Get Calculated in Car Accident Cases
In any car accident, figuring out who’s at fault isn’t about pointing fingers at the parties involved. The goal is to gather facts on how negligence contributed.
Insurance companies, attorneys, and courts use a mix of reports, recordings, and statements to assign fault. Unfortunately, these assessments aren’t always accurate, and if you don’t push back, you could end up with a larger share of blame than you deserve, in addition to the long-term effects of a car accident.
Police Reports and Officer Opinions
Law enforcement is usually the first to document the scene. Their reports often include initial observations, traffic citations, and notes about vehicle damage or skid marks.
While police reports carry weight in car accident liability decisions, they’re not the final word — and they can include errors or assumptions.
Insurance Company Investigations
Insurance adjusters review all available evidence to assign percentages of fault. They may base decisions on vehicle damage, driver interviews, and accident diagrams.
But remember: they’re not neutral. Adjusters work for insurance companies, and their goal is to reduce payouts whenever possible.
Eyewitness and Driver Statements
Statements from drivers and third-party witnesses can support — or challenge — official findings. Sometimes a witness catches details that cameras miss, like a driver checking their phone or running a stop sign.
Inconsistencies between accounts are common and can make fault more complicated to untangle under car accident laws.
Dash Cams, Surveillance Footage, and Physical Evidence
In-car cameras and nearby business security footage are often the most reliable sources. Combined with tire marks, debris location, and vehicle damage, they can help reconstruct the crash.
A well-placed dash cam can be the difference between being blamed and being believed.
How Comparative Negligence Impacts Your Compensation
In our state, your percentage of fault directly impacts how much money you receive. Under car accident liability Colorado law, your final compensation is reduced by whatever portion of the blame you carry.
If you’re found 10% at fault, you lose 10% of your settlement. Found 40% at fault? You only receive 60% of the total damages. This matters when your expenses are high, because they usually are.
Even a small reduction can take a toll. Let’s say you’re awarded $75,000 for medical bills, lost wages, and pain and suffering. If you’re 30% at fault, your payout drops to $52,500.
That’s more than $20,000 gone, simply because of how fault was assigned.
This is why it’s so vital to protect your position in a claim. Fault percentages are negotiable, and they’re often based on incomplete or biased evidence.
Understanding car accident laws — and working with someone who knows how to challenge unfair fault assignments — can make the difference between a settlement that helps you move forward and one that barely covers your bar recovery.
How a Car Accident Lawyer Protects Your Claim
Comparative negligence cases are rarely straightforward. When fault is divided and compensation is on the line, experience matters. Skilled car accident lawyers know how to challenge inflated blame, dig deeper into the facts, and build a case that protects your recovery.
A car accident lawyer starts by gathering the right evidence. That means collecting surveillance footage, reviewing police reports for errors, working with crash reconstruction specialists, and getting expert medical opinions that connect your injuries to the crash.
Every detail helps challenge exaggerated fault claims.
Lawyers also know how to handle insurance companies. Adjusters may seem cooperative at first, but their goal is to minimize what they pay. Without legal help, you could unknowingly accept fault or a settlement far below what your case is worth.
If you’re dealing with partial fault or unclear liability, don’t leave it up to chance. An Aurora car accident lawyer can step in early, protect your rights, and make sure your share of fault doesn’t cost you more than it should.
Fault Isn’t the End of the Road
Blame isn’t always clear-cut. In Colorado, comparative negligence doesn’t mean you’re out of options — it just means your case needs the right strategy.
Under Colorado accident laws, being partially at fault doesn’t erase your right to seek help, compensation, or clarity. But the longer you wait, the more leverage you lose. Insurance companies act fast. You should, too.
If you’re facing the aftermath of a crash in the Denver area, don’t navigate it alone.
Talk to one of our experienced car accident lawyers today. Manning Law will review the details of your case, explain how fault affects your claim, and help you move forward, without pressure or guesswork.
You may not be blameless, but you still deserve to be heard. Schedule your free consultation by contacting us today
