How Colorado’s Modified Comparative Negligence Rule Affects Your Injury Claim
You’ve Been Injured, But The Insurance Company Says You’re Partially to Blame. Now What?
After being injured in an accident, your focus is on healing. But when you file a claim for compensation, you may be shocked when the other party’s insurance adjuster starts asking questions that seem to imply you were somehow at fault. They might ask, “Were you looking at your phone?” or “How fast were you going?” Their goal is to shift blame, because in Colorado, assigning you even a small percentage of fault can save the insurance company a significant amount of money.
This strategy is built around a legal doctrine known as modified comparative negligence. Understanding this rule is absolutely critical for any personal injury victim in Colorado. It directly impacts whether you can recover compensation and how much you can receive.
This article will break down Colorado’s comparative negligence law in simple terms. We’ll explain what it is, how fault is determined, and how insurance companies use it against you.
Understanding the Legal Doctrine: What Is Modified Comparative Negligence?
In any personal injury case, from a Car Accident to a Hit adn Run, the person filing the claim (the plaintiff) must prove that the other party (the defendant) was negligent. Negligence means they failed to act with reasonable care, and this failure caused your injuries.
But what happens if both parties were negligent? Different states have different rules for this situation. Colorado follows a “modified comparative negligence” rule, also known as the “50% Bar Rule.”
This rule is defined in Colorado Revised Statute § 13-21-111 and it states two key things:
- Your own negligence does not bar you from recovering damages, as long as your fault was not as great as the negligence of the person you are suing.
- Any damages you are awarded will be reduced in proportion to the amount of negligence attributed to you.
Let’s break that down.
The 50% Bar Rule in Practice
The most important part of the rule is the “50% Bar.” This means:
- If you are found to be 0% to 49% at fault for the accident, you can still recover money for your injuries. Your final award will simply be reduced by your percentage of fault.
- If you are found to be 50% or more at fault, you are barred from recovering any compensation. You get nothing.
This is why insurance companies fight so hard to shift blame. Pushing your fault from 49% to 50% means their financial obligation drops from a substantial sum to zero.
How Your Percentage of Fault Reduces Your Award: A Simple Example
The math is straightforward. Let’s imagine a jury decides that the total damages in your case—including medical bills, lost wages, and pain and suffering—are $200,000.
- Scenario 1: You are found 10% at fault.
- Your $200,000 award is reduced by your 10% of fault ($20,000).
- You would receive $180,000.
- Scenario 2: You are found 49% at fault.
- Your $200,000 award is reduced by your 49% of fault ($98,000).
- You would receive $102,000.
- Scenario 3: You are found 50% at fault.
- Your award is reduced to $0.
How Is Fault Determined?
There is no scientific formula for assigning a percentage of fault. Insurance adjusters, and ultimately a jury if your case goes to trial, will look at all the evidence to make a determination. This evidence can include:
- Police reports
- Witness statements
- Photos and videos of the accident scene
- Traffic laws (e.g., who had the right-of-way)
- Expert testimony from accident reconstructionists
An experienced personal injury attorney is crucial in this phase. Their job is to gather all favorable evidence, challenge the insurance company’s narrative, and build a compelling case that minimizes your fault and maximizes the liability of the other party.
Insurance companies have adjusters trained to get you to admit partial fault. Don’t give them the chance. Call Flanagan Law now at 720-928-9178 for your free, no-obligation consultation.
The Final Takeaway: Don’t Let the Insurance Company Write the Rules
Colorado’s comparative negligence law can have a drastic impact on your financial recovery. Insurance companies know this and will use it to their advantage, often trying to assign blame to injured victims who are just trying to get their lives back on track.
Protecting the full value of your claim requires a proactive and aggressive legal strategy. An experienced attorney will fight back against unfair allegations of fault and ensure the evidence is presented in a way that holds the truly negligent party accountable.
Sources & Further Reading
- Colorado General Assembly. Colorado Revised Statute § 13-21-111.
Frequently Asked Questions
1. What if I admit some fault to the insurance adjuster? You should never admit fault to an insurance adjuster. Even a simple apology like “I’m so sorry” can be twisted and used against you to assign you a percentage of negligence. Let your attorney handle all communications.
2. Can I still file a claim if I was cited for a traffic violation in the accident? Yes. A traffic ticket does not automatically mean you are 50% or more at fault. It is just one piece of evidence that will be considered. An attorney can often fight the ticket or argue that the violation was not the primary cause of the accident.
3. What if there were multiple parties at fault for my accident? Colorado’s law allows for the allocation of fault among multiple defendants. Your attorney will work to identify all potentially liable parties to ensure you can recover the maximum compensation possible, even if your own fault is a minor factor.
Unsure how comparative negligence might affect your case? Contact us online to discuss your case and learn how we can help you.
