.png)
In legal terms, comparative negligence is a system used to assign responsibility when more than one party is at fault for an accident. Colorado follows what’s known as a modified comparative negligence rule.
This means that if you're partially at fault for the accident, you can still recover damages—but only if your share of the fault is 49% or less. If you're 50% or more at fault, you’re not eligible to receive any compensation under Colorado law.
Let’s say you’re involved in a car accident and suffer $100,000 in damages. If the court finds you 20% at fault for the accident (for example, maybe you were speeding slightly), your compensation would be reduced by that percentage. So, instead of receiving the full $100,000, you’d receive $80,000.
On the other hand, if you’re found 51% at fault, you would be barred from recovering anything.
This system is designed to ensure that only those less responsible for an accident are eligible for compensation—but it also creates a strong incentive for insurance companies to shift as much blame onto you as possible to reduce or deny your claim.
Establishing fault in a personal injury claim often involves:
This evidence helps determine how fault is distributed between the parties. Unfortunately, insurance companies will use any opportunity to argue that you share responsibility—especially if they can push your fault past the 50% threshold.
That’s why it’s essential to work with an experienced personal injury attorney who understands how to build your case and counter these tactics.
Here are a few real-world examples where comparative negligence might come into play:
You were rear-ended, but you had a brake light out. The insurance company may argue you’re partially at fault for not maintaining your vehicle.
You slipped on a wet grocery store floor, but you were looking at your phone and didn’t notice the warning sign. The store might claim you share responsibility.
If safety protocols weren’t followed on both sides, fault may be shared between the employer, contractors, or other involved parties.
In cases involving shared fault, the role of your attorney becomes even more critical. At Chris Parks Law, we focus on gathering the right evidence, identifying all liable parties, and pushing back against unfair claims that you were more responsible than you truly were.
Our firm will:
Even a small increase in the assigned percentage of your fault can drastically reduce your compensation—so don’t take chances with your future.
If you’ve been injured in an accident and fault is being disputed, don’t go it alone. Understanding Colorado’s modified comparative negligence rule can be the difference between a strong recovery and no recovery at all.
.png)
.png)
.png)
