A person can suffer serious injuries in an accident and still be accused of contributing to what happened. An insurer may argue that the injured person was speeding, distracted, crossing outside a marked area, ignoring a warning, or failing to act carefully. Those allegations matter because Colorado uses comparative negligence to divide responsibility and reduce compensation according to each party’s share of fault.
Under Colorado law, an injured person may recover damages when their share of negligence is lower than the combined negligence of the parties from whom recovery is sought. The award is then reduced in proportion to the claimant’s assigned fault. Review by our personal injury attorney can help determine whether an insurer’s proposed percentage is consistent with the available evidence.
Comparative negligence does not ask only whether the defendant acted carelessly. It also asks whether the injured person failed to use reasonable care and whether that conduct contributed to the injury. The factfinder assigns percentages after considering the actions of everyone involved.
For example, assume a jury determines that an injured driver sustained $100,000 in damages but was 20 percent responsible for the collision. The recoverable amount would generally be reduced to $80,000. If that driver were assigned 50 percent of the fault, recovery would be barred under Colorado’s modified comparative negligence rule. The statute governing this calculation is Colorado Revised Statutes section 13-21-111.
Because even a small change in the assigned percentage can affect compensation, schedule a consultation before accepting an insurer’s fault determination.
Insurance adjusters may examine statements, photographs, vehicle damage, witness accounts, medical records, and police reports before deciding how much fault to place on each person. A casual comment such as “I did not see the other vehicle” may be cited as support for a larger reduction, even when the other driver committed the primary traffic violation.
An injured person does not have to accept the insurer’s proposed percentage. Physical evidence, applicable safety rules, witness testimony, and the sequence of events may contradict the allegation. Our accident lawyer can review the materials that are available and determine whether incomplete reports, unsupported assumptions, or overlooked evidence weaken the insurer’s position.
Depending on the circumstances, relevant evidence may include intersection footage, dashcam recordings, skid marks, vehicle data, photographs, phone records, maintenance documents, incident reports, and witness testimony. The value of each item depends on the type of accident and the specific conduct being disputed.
Medical records can document when symptoms appeared, what treatment was provided, how the injuries affected daily activities, and whether medical providers connected the condition to the accident. Reha Goodwin Caras handles motor vehicle accidents and other injury matters through its personal injury practice. Our personal injury lawyer can review the available records and identify which evidence may help address both fault and damages.
Some claims involve more than one potentially responsible party. A collision may involve several drivers, an employer, a vehicle owner, or a business responsible for maintenance. A premises case may involve a property owner, tenant, contractor, or management company. Colorado law allows fault to be allocated among responsible parties and, when procedural requirements are met, designated nonparties.
The involvement of additional parties can affect case strategy, available insurance coverage, and the amount recoverable from each defendant. Our accident attorney may examine who contributed to the event, whether a nonparty designation has factual support, and how the proposed allocation could affect settlement negotiations or trial.
Fault percentage and total damages are separate questions. Damages may include medical expenses, lost earnings, reduced earning capacity, pain, impairment, and other legally recoverable losses. The percentage reduction is applied after the value of the compensable harm is determined.
A claimant should therefore document treatment, work restrictions, out-of-pocket costs, and continuing symptoms even when liability is disputed. Weak damages records can reduce a claim independently of any comparative-negligence argument.
An unsupported fault percentage can reduce an injury award or prevent recovery altogether. Reha Goodwin Caras represents injured people in Littleton and across Colorado and has published case results involving bicyclists struck by motor vehicles, including matters that produced policy-limits settlements, although prior outcomes do not guarantee a similar result. To have the evidence, alleged percentage of fault, and potential damages evaluated, contact us today.
