In some Colorado accidents, there is more than one at-fault party. In such cases, how do the parties go about seeking compensation for their injuries? Are both parties able to file injury claims? Is only one entitled to compensation?

Colorado’s “modified comparative negligence” rules answer these important questions. This legal standard determines whether an injured party can recover compensation if they are partially at fault for their own injuries.

What is Negligence?

Negligence is the basis of most personal injury claims, including those involving car accidents, truck accidents, slip and falls, wrongful death, and more. Negligence occurs when someone fails to act with reasonable care and harms another person.

Proving negligence involves establishing four elements:

The defendant owed a duty of care to avoid harming the plaintiff.
They breached this duty.
The breach directly caused the plaintiff’s injury, and
The injury resulted in damages.

Negligence doesn’t always fall on just one party. In many accidents, multiple parties may share some level of fault. Different states handle this division of blame in different ways.

Types of Fault-Based Systems in the U.S.

There are three main types of shared fault systems used across the U.S. to address injury claims involving more than one blameworthy party:

1. Contributory Negligence

Contributory negligence is the strictest shared fault rule. If an injured person shares even 1% of the fault for an accident, they are barred from recovering any compensation. This harsh rule is still used in a few states but has largely been replaced by the more lenient comparative fault systems described below.

2. Pure Comparative Negligence

Pure comparative rules allow an injured party to recover damages so long as they are not completely at fault. The amount of compensation a victim can receive is simply reduced to account for their share of the blame. For example, someone who is 80% at fault can still recover 20% of their damages.

3. Modified Comparative Negligence

This comparative fault system allows victims to recover damages if they share blame, but only up to a certain level of fault.

There are two common versions:

50% Bar Rule. The injured party can recover damages only if they are less than 50% at fault. If they are 50% or more at fault, they can recover nothing.
51% Bar Rule. This slightly more lenient rule allows recovery if the injured party is 50% or less at fault. Recovery is barred only if they are 51% or more responsible (i.e., mostly at fault).

In both systems, if a victim’s amount of fault is below the bar, their damages will be reduced to account for their share of fault.

Colorado’s Modified Comparative Negligence Laws

Colorado’s Modified Comparative Fault Rule

Colorado follows a modified comparative negligence rule with a 50% bar. If you share fault for an accident in Colorado, you can recover compensation only if you are less than 50% at fault for the incident. If your fault reaches 50% or higher, you are not entitled to any damages.

If your share of fault is under 50%, the compensation you receive will be reduced by your percentage of fault.

For example, suppose you were awarded $100,000 in a personal injury claim. If a court finds you 20% at fault, your total award would be reduced by 20% to $80,000. However, if you’re found 50% or more responsible, you would receive nothing.

This rule takes center stage in many cases where fault is disputed. Often, insurance companies will argue that an injured party is at least 50% responsible to avoid paying out claims. In other cases, they will claim the party is partially at fault to reduce the overall compensation they can recover.

Contact a Colorado Personal Injury Lawyer Today

You may still be able to recover compensation if you share fault for an accident. Moreover, not all allegations of comparative fault are legitimate. Insurance companies may be unfairly blaming you for the accident to avoid compensating you for all your damages. A Greenwood Village personal injury attorney can help you protect your rights, challenge any unfounded blame accusations, and work to get you full compensation for your claim.

Contact Legal Help in Colorado to schedule a free consultation to learn more about how we can help you if you are being blamed for an accident.