Can You Recover Compensation If You’re Partially at Fault in Denver?
Being partially at fault for a car accident in Denver doesn’t automatically bar you from recovering compensation. Colorado follows a modified comparative negligence rule that allows injured victims to seek damages even when they share some responsibility for the crash. With Denver recording 93 traffic fatalities in 2025 — the highest tally since 2013 — and city-level 2026 data not yet publicly available as of mid-February 2026, understanding your rights after a collision has never been more critical. This legal framework means that Denver residents who contributed to their accidents may still have valid claims, provided their degree of fault falls below a specific threshold.
If you’ve been injured in a car accident where fault is disputed, Jarret J. Benson Law can help evaluate your case and fight for the compensation you deserve. Call (720) 710-6753 or contact us now to discuss your options with a car accident lawyer in Denver who understands Colorado’s comparative fault laws.
Understanding Colorado’s Modified Comparative Negligence Law
Colorado’s modified comparative negligence statute fundamentally changes how accident victims can pursue compensation. Under Colorado Revised Statutes § 13-21-111, contributory negligence doesn’t bar recovery as long as the plaintiff’s negligence is not as great as the defendant’s. This means you can still recover damages if you’re less than 50% at fault (49% or less) for the accident. However, any compensation awarded will be reduced by your percentage of fault.
The practical application of this law creates opportunities for recovery that many accident victims don’t realize exist. For instance, if a jury determines you were 30% at fault for an accident and awards $100,000 in damages, you would receive $70,000 after the reduction. This system recognizes that accidents often involve shared responsibility while still holding negligent parties accountable for their portion of the harm caused.
💡 Pro Tip: Document everything at the accident scene, including road conditions, weather, and witness statements. These details can significantly impact how fault percentages are assigned and may reduce your share of responsibility.
How Fault Percentages Are Determined in Denver Car Accident Cases
Colorado law requires juries to return special verdicts that specifically state each party’s percentage of fault. This requirement applies statewide in all Colorado courts, including Denver. This requirement ensures transparency in the fault allocation process and creates a clear record for any potential appeals. The finder of fact considers all evidence presented, including police reports, witness testimony, accident reconstruction analysis, and physical evidence from the scene.
Multiple factors influence fault determination in Denver car accidents, particularly given the city’s focus on the Safe System approach to street safety. Denver recognizes that people make mistakes and that human bodies have limited tolerance for crash impacts, which may influence how fault is assessed in cases involving road design issues or inadequate safety infrastructure. Courts may consider whether speed management measures, intersection designs, or lane departure risks contributed to the collision alongside driver behavior.
Key Evidence That Impacts Fault Determination
Physical evidence from the accident scene often provides the most objective basis for determining fault percentages. Skid marks, vehicle damage patterns, and debris fields help accident reconstruction specialists understand how the collision occurred. In Denver, where the SPEED Program aims to reduce vehicle speeds through 2026, evidence of speeding violations can significantly impact fault allocation.
- Traffic camera footage and surveillance videos
- Electronic data recorder (black box) information
- Cell phone records showing distraction
- Weather and road condition reports
- Vehicle maintenance records
Witness testimony adds crucial context that physical evidence alone cannot provide. Independent witnesses who saw the accident unfold can corroborate or contradict the involved parties’ accounts. Their observations about traffic signal compliance, lane changes, or aggressive driving behaviors often prove decisive in establishing fault percentages.
The Impact of Partial Fault on Your Compensation
Your percentage of fault directly reduces the compensation you can recover in a Denver car accident case. This proportional reduction applies to all damages, including medical expenses, lost wages, property damage, and pain and suffering. Understanding this impact helps set realistic expectations for your case outcome and informs settlement negotiations.
Economic damages face the same percentage reduction as non-economic damages under Colorado law. If you incurred $50,000 in medical bills but were found 40% at fault, you could only recover $30,000 for those medical expenses. This reduction emphasizes the importance of accurately establishing fault percentages, as even a 10% difference can mean thousands of dollars in lost compensation.
💡 Pro Tip: Keep detailed records of all accident-related expenses, including mileage to medical appointments and over-the-counter medications. These smaller costs add up and are subject to the same recovery rules as major expenses.
Can You Sue if You’re More Than 50% at Fault?
Colorado law completely bars recovery if you’re found to be 50% or more at fault for the accident. This harsh cutoff point represents the modified aspect of Colorado’s comparative negligence system. Once your fault percentage equals or exceeds the defendant’s, the court must enter judgment for the defendant, regardless of your injuries or damages.
The 50% threshold creates high stakes for fault determination in closely contested cases. Insurance companies often aggressively argue for higher plaintiff fault percentages, knowing that pushing fault attribution to 50% or more eliminates their liability entirely. This dynamic makes having experienced legal representation crucial when fault percentages hover near the threshold.
Strategic Considerations Near the 50% Threshold
Cases with fault percentages near 50% require careful strategic planning and thorough evidence development. Every piece of evidence and witness testimony becomes critical when a few percentage points determine whether you recover substantial compensation or nothing at all. Denver attorneys with extensive experience in comparative negligence cases understand how to present evidence that minimizes their clients’ fault percentages.
Settlement negotiations often intensify when fault percentages approach the 50% mark. Both sides recognize the all-or-nothing nature of the threshold, which can create opportunities for resolution. Defendants may offer reasonable settlements to avoid the risk of a jury finding them more than 50% at fault, while plaintiffs may accept lower amounts rather than risk crossing the threshold at trial.
Dealing with Multiple At-Fault Parties
Colorado’s pro rata liability system ensures no defendant pays more than their percentage of fault. Under C.R.S. § 13-21-111.5, each at-fault party bears responsibility only for their proportional share of damages. This several liability approach protects defendants from paying for harm they didn’t cause while ensuring plaintiffs can pursue all responsible parties.
Defending parties can designate non-parties as partially at fault by filing proper notice within 90 days. This procedural requirement allows defendants to spread fault among all potentially responsible parties, even those not named in the lawsuit. For accident victims, this means considering all possible defendants early in the case to avoid complications from non-party fault allocations.
💡 Pro Tip: Review your auto insurance policy’s underinsured motorist coverage before accepting any settlement. If one at-fault party lacks adequate insurance, your own coverage may help fill the gap created by Colorado’s several liability rules.
Steps to Take After an Accident When Fault Is Disputed
Immediate post-accident actions significantly impact how fault is ultimately determined in your case. Denver’s Vision Zero initiative tracks detailed crash data, and your actions at the scene contribute to this official record. Never admit fault or discuss percentages of responsibility with other parties or insurance adjusters.
Comprehensive documentation creates the foundation for accurately establishing fault percentages later. Take photos from multiple angles, including street signs, traffic signals, road conditions, and vehicle positions. With Denver’s focus on intersection safety and speed management through programs like ATS (Advancing Transportation Safety), documenting infrastructure conditions may reveal contributing factors beyond driver error.
- Call 911 to create an official police report
- Exchange information with all involved parties
- Photograph injuries, property damage, and the accident scene
- Obtain contact information from witnesses
- Seek immediate medical attention, even for minor injuries
- Report the accident to your insurance company without admitting fault
- Consult with a car accident lawyer in Denver before giving recorded statements
Medical documentation serves dual purposes in partial fault cases. Beyond establishing your injuries and treatment needs, medical records can demonstrate how the accident’s severity relates to various parties’ negligent actions. Prompt medical care also prevents insurance companies from arguing that delays in treatment suggest exaggerated injuries or alternative causes.
Common Misconceptions About Partial Fault in Denver
Many accident victims mistakenly believe that any degree of fault eliminates their right to compensation. This misconception leads injured parties to abandon valid claims or accept inadequate settlements. Colorado’s modified comparative negligence system specifically protects the rights of partially at-fault victims to seek proportional recovery.
Insurance adjusters often exploit confusion about partial fault rules to minimize claim values. They may suggest that minor contributions to an accident, like driving slightly over the speed limit, dramatically reduce claim values. Understanding that fault must be less than 50% to permit recovery empowers accident victims to push back against lowball settlement offers.
The Reality of Shared Fault Scenarios
Real-world accidents rarely involve just one negligent party or clear-cut fault divisions. Denver’s urban environment, with its mix of highways, surface streets, and increasing focus on alternative transportation modes, creates complex accident scenarios. Multiple contributing factors often exist, from driver behaviors to road design issues highlighted in the state’s Strategic Highway Safety Plan.
Partial fault rules apply equally to all types of car accident damages. Whether seeking compensation for vehicle repairs, medical bills, or lost earning capacity, the same percentage reduction applies. This uniform application means that accurately establishing lower fault percentages benefits every aspect of your recovery.
Frequently Asked Questions
What happens if I’m found exactly 50% at fault for my Denver car accident?
If you’re found exactly 50% at fault, you cannot recover compensation under Colorado law. The statute bars recovery when your negligence is equal to or greater than the defendant’s, meaning 50% or more. At 50% fault, you would not recover any damages.
Can I still file a claim if I received a traffic citation after the accident?
Receiving a traffic citation doesn’t automatically establish your fault percentage or bar your recovery. While citations provide evidence of traffic law violations, juries determine actual fault percentages based on all circumstances. Many accident victims who received citations still recover substantial compensation when other parties bear primary responsibility.
How long do I have to file a lawsuit if I was partially at fault?
Colorado’s statute of limitations for car accident claims remains the same regardless of fault percentages. You generally have three years from the accident date to file a personal injury lawsuit. However, different deadlines may apply for claims against government entities, making prompt legal consultation essential.
Will my own insurance rates increase if I’m found partially at fault?
Insurance rate impacts depend on your specific policy terms and the degree of fault assigned. Colorado insurance companies consider many factors beyond single accidents when setting rates. Your car accident lawyer in Denver can explain how accepting certain fault percentages might affect your insurance while pursuing maximum recovery from other at-fault parties.
Can fault percentages change after the initial determination?
Fault percentages become final once a jury returns its special verdict or parties reach a binding settlement agreement. However, new evidence discovered during litigation can influence fault determinations before trial. Working with attorneys who understand evidence development helps ensure all favorable evidence emerges before final fault allocations.
Moving Forward After a Partial Fault Accident
Understanding Colorado’s comparative negligence laws empowers accident victims to pursue fair compensation despite sharing some fault. With Denver recording 93 traffic deaths in 2025 and ongoing safety initiatives through 2026, partial fault scenarios will continue affecting local residents. The key lies in accurately establishing fault percentages and maximizing recovery within Colorado’s legal framework.
Don’t let confusion about partial fault prevent you from seeking the compensation you deserve. Jarret J. Benson Law brings extensive experience handling complex comparative fault cases in Denver. Call (720) 710-6753 or contact us today to discuss how Colorado’s partial fault laws apply to your specific situation and learn about your options for recovery.