Understanding Fault After a Crash in Colorado

After a car accident, one of the most important—and often confusing—questions is: Who was at fault? In Colorado, the answer can significantly affect your ability to recover damages, especially if more than one person contributed to the accident.

At Chris Parks Law, we help drivers, passengers, and pedestrians understand how fault is determined under Colorado law, and how to protect their right to fair compensation. Whether you were hit by another vehicle, injured as a passenger, or blamed for something that wasn’t your fault, it’s important to understand how liability works in our state.

Colorado Is a “Fault” State

Colorado is an at-fault or “tort” state when it comes to car accidents. That means the person who caused the crash is responsible for paying for the damages—either through their insurance company or, if needed, through a personal injury lawsuit.

After an accident, the at-fault driver’s insurance is typically responsible for covering:

• Vehicle repairs or replacement
• Medical expenses
• Lost wages
• Pain and suffering

But proving who is at fault is not always straightforward.

Comparative Negligence in Colorado

Colorado follows a modified comparative negligence rule. Under this system, more than one party can share responsibility for an accident—and your compensation can be reduced if you’re found partially at fault.

Here’s how it works:

• If you are less than 50% at fault, you can still recover compensation.
• Your compensation will be reduced by your percentage of fault.
• If you are 50% or more at fault, you cannot recover damages.

Example: If you’re awarded $100,000 but are found 20%at fault, you would receive $80,000. But if you were 51% at fault, you would receive nothing.

This makes proving fault—and defending against unfair blame—crucial to your claim.

How Fault Is Determined

When building a case, Chris Parks Law examines a wide range of evidence to help determine and prove fault. This may include:

1. Police Reports: Officers typically write a report after responding to the scene, documenting what they observed, statements from drivers and witnesses, and whether any traffic laws were violated. This report can carry significant weight with insurance companies.
2. Eyewitness Testimony: Independent witnesses can offer valuable insight into what happened before and during the crash.
3. Surveillance or Dash Cam Footage: Video evidence from traffic cameras, nearby businesses, or private dash cams can clearly show what happened in real time.
4. Vehicle Damage and Accident Scene Photos: The location of dents, debris, skid marks, or the final position of vehicles can support your version of events.
5. Phone or GPS Data: Phone records and GPS data may show whether a driver was texting, speeding, or driving erratically.
6. Expert Analysis: In serious or complex crashes, accident reconstruction experts may be brought in to analyze the mechanics of the collision.

By collecting and preserving this evidence quickly, we help our clients strengthen their claims and prevent insurance companies from distorting the truth.

Common Situations Where Fault Is Disputed

Insurance companies often try to avoid full payouts by arguing that you were partially or fully to blame. Some common situations include:

• Rear-end Collisions: The rear driver is often assumed to be at fault, but insurers may argue that the front driver “braked suddenly” or had faulty brake lights.
• Intersection Accidents: These cases can involve disputes about who had the right of way or whether someone ran a red light.
• Merging and Lane Change Accidents: These often turn into “he said, she said” cases unless clear evidence exists.
• Multi-Vehicle Pileups: Fault may be shared among several drivers, making it harder to sort out who is responsible for what.

In these cases, having a skilled liability accident attorney in Boulder can make all the difference.

Why Legal Help Is Essential

Trying to prove fault on your own—especially when insurance companies are trying to shift blame—can be overwhelming. At Chris Parks Law, we:

• Conduct a thorough investigation to gather key evidence
• Defend you from exaggerated or unfair claims of fault
• Calculate the full value of your damages
• Handle all negotiations with the insurance company
• Represent you in court if needed

We understand Colorado’s comparative negligence rules and know how to build strong, evidence-based cases that hold the right people accountable.

What To Do After a Colorado Car Accident

To protect yourself and your potential injury claim, here are a few key steps to take immediately after a crash:

1. Call the police and make sure a report is filed.
2. Exchange information with the other driver(s).
3. Take photos of the scene, damage, and any injuries.
4. Seek medical attention—even if you feel okay at first.
5. Don’t admit fault or discuss details with the other driver or their insurer.
6. Contact an experienced car accident attorney.

Get Help with Your Colorado Car Accident Case

If you’ve been involved in a crash and fault is being disputed—or you’re unsure what to do next—reach out to Chris Parks Law in Boulder. We’ll review your case, explain your rights, and guide you through the process to make sure you get the compensation you deserve.

Contact us today for a free consultation.

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