Colorado’s Comparative Negligence Rule Explained: CRS 13-21-111 in Plain English

After an accident, one of the first questions is: who was at fault? In Colorado, the answer isn’t always simple—and even if you were partially responsible, you may still be entitled to compensation.

This guide explains Colorado’s comparative negligence rule in plain language, covering how fault is determined, how it affects your recovery, and what the “50% bar” means for your claim.

The Core Rule: Modified Comparative Negligence

Colorado follows a “modified comparative negligence” system under CRS 13-21-111. Here’s what that means in practical terms:

1. Your compensation is reduced by your percentage of fault. If you’re found 20% responsible for an accident and your damages total $100,000, your recovery is reduced by 20%—you’d receive $80,000.

2. If you’re 50% or more at fault, you recover nothing. This is the “50% bar.” If a jury finds you equally or more responsible than the other party, your claim is completely barred.

This system represents a middle ground. Some states allow recovery even if you’re 99% at fault (pure comparative negligence). Others bar recovery if you bear any fault at all (contributory negligence). Colorado’s approach lets partially-at-fault plaintiffs recover, but draws a line at equal responsibility.

How Fault Percentages Work: Examples

Your Fault %	Total Damages	Reduction	You Receive
0%	$100,000	$0	$100,000
10%	$100,000	$10,000	$90,000
30%	$100,000	$30,000	$70,000
49%	$100,000	$49,000	$51,000
50%	$100,000	N/A	$0 (Barred)
60%	$100,000	N/A	$0 (Barred)

Notice the cliff at 50%. A plaintiff at 49% fault recovers $51,000. A plaintiff at 50% fault recovers nothing. This single percentage point can be worth tens of thousands of dollars—which is why fault allocation is often the central battle in Colorado injury cases.

Who Determines Fault Percentages?

During Insurance Negotiations

When you’re negotiating with an insurance company, they make their own internal assessment of fault. This assessment is not binding on you—it’s just their position. Insurance adjusters routinely assign partial fault to claimants to reduce payouts, even when the evidence doesn’t clearly support it.

You can accept, reject, or negotiate their assessment. If you can’t reach agreement, the matter ultimately goes to court.

At Trial

If your case goes to trial, the jury determines fault percentages. They receive instructions explaining comparative negligence and then assign percentages to each party based on the evidence presented.

The jury’s determination is based on their assessment of each party’s conduct. Factors they consider include violation of traffic laws, reasonable care under the circumstances, and each person’s contribution to causing the accident and resulting injuries.

Multiple Defendants: How Fault Is Allocated

When multiple parties share responsibility, fault is allocated among all of them. For example:

You’re rear-ended at a stoplight by Driver A. Driver A claims Driver B rear-ended them first, pushing them into you. The jury might find Driver A 60% at fault and Driver B 40% at fault, with you bearing 0% fault. You could recover from both defendants according to their percentages.

Or suppose the jury finds you 20% at fault, Driver A 50% at fault, and Driver B 30% at fault. Your total recovery is reduced by 20%, and each defendant is responsible for their proportional share.

Under Colorado’s approach, you compare your fault to the combined fault of all defendants. As long as your percentage is less than 50%, you can recover.

Common Scenarios Where Fault Is Disputed

Rear-End Collisions

The following driver is usually presumed at fault—but not always. The lead driver might be assigned partial fault for sudden braking without cause, non-functioning brake lights, or stopping in an unexpected location.

Left-Turn Accidents

Drivers making left turns typically must yield. However, if the oncoming driver was speeding or ran a red light, fault might be shared or even assigned primarily to them.

Merging and Lane Changes

The merging driver usually bears responsibility, but if the other driver accelerated to block them or was driving in a blind spot, fault may be shared.

Pedestrian and Bicycle Accidents

Drivers must exercise care around pedestrians and cyclists. But pedestrians crossing against signals, or cyclists riding against traffic, may be assigned comparative fault.

Insurance Company Tactics

Insurance companies have strong financial incentives to assign you as much fault as possible. Common tactics include:

Taking recorded statements early and asking leading questions designed to get you to admit fault or uncertainty.

Citing your failure to avoid the accident —even when you had no reasonable opportunity to do so.

Arguing you were distracted based on minimal or circumstantial evidence.

Pointing to any traffic violation on your part, even if it didn’t contribute to the accident.

Remember: the insurance company’s fault determination is not final. It’s a negotiating position. You can challenge it with evidence, witness testimony, accident reconstruction, and legal argument.

How to Protect Yourself

Document everything at the scene. Photos, witness names, and the other driver’s statements can all support your version of events.

Don’t admit fault. Even saying “I’m sorry” can be twisted. Stick to the facts when speaking with police and insurance adjusters.

Get the police report. Officer observations and any citations issued can be powerful evidence.

Be careful with recorded statements. You’re not required to give one to the other driver’s insurance company. If you do, your words can be used against you.

Consider hiring an attorney. When fault is disputed and the stakes are high, having an advocate who understands how to present evidence and counter insurance company arguments can make the difference between recovery and a complete bar.

We Can Help Navigate Comparative Fault Issues

Comparative negligence is one of the most important and most contested aspects of Colorado injury law. The difference between 49% and 50% fault can mean the difference between substantial compensation and nothing at all.

If an insurance company is trying to assign you fault for an accident, call Flanagan Law at 720-928-9178 for a free consultation. We’ll review the evidence and help you understand where you actually stand.

Frequently Asked Questions

What if the police report says I was at fault?

Police reports are evidence, but they’re not dispositive. Officers weren’t present for the accident—they’re reconstructing what happened based on statements and physical evidence. Their conclusions can be challenged with additional evidence.

Can I be partially at fault and still win my case?

Yes—as long as your fault is less than 50%. Your recovery is reduced proportionally, but you can still recover.

What if I was violating a traffic law when the accident happened?

A traffic violation doesn’t automatically make you at fault or bar recovery. The relevant question is whether your violation contributed to causing the accident. If you were slightly over the speed limit but the other driver ran a red light, their violation was likely the primary cause.

Does comparative negligence apply to all injury claims?

CRS 13-21-111 applies to negligence-based claims generally, including car accidents, premises liability, and many other personal injury cases. Some claims based on strict liability or intentional conduct follow different rules.

Sources

Colorado Revised Statutes § 13-21-111 (Comparative Negligence)

Colorado Civil Jury Instructions—Comparative Negligence

Colorado Bar Association—Comparative Fault in Personal Injury Actions