How is Fault Determined in Colorado?
Once a no-fault state, Colorado has changed its laws and become a “fault” state as per Colorado Revised Statutes 13-21-111. Under the current laws, drivers can file insurance claims against the at-fault party’s insurance provider to recover damages and other compensation.
However, Colorado subscribes to modified comparative negligence fault laws that can be challenging to try and navigate independently. If you are found to be at least 50% responsible for the accident, you are not entitled to recover compensation.
Therefore, hiring an experienced car accident lawyer in Colorado who can protect your legal rights is always best.
What is Modified Comparative Negligence?
Colorado follows the modified comparative negligence legal theory when determining fault. Modified comparative negligence laws state that you can seek financial compensation as long as you are less than 50% responsible for causing the accident. However, the total amount of damages you may be entitled to recover is reduced based on the degree of fault assigned to you.
For example, if your settlement is $100,000, but your percentage of fault is determined to be 10%, you will receive $90,000. However, as stated, if it is determined that you are 50% at fault, you cannot file a claim.
How to Prove Fault
After an accident, there are specific steps you must take to strengthen your case and prove that you are not at fault or have only a small part in causing the accident. These steps include:
File a police report: Insurance providers will review the official report and hold it in higher regard than those involved in the accident.
Eyewitness testimony: Bystanders can provide an account of what they witnessed before the accident, supporting your version of what occurred.
Photo and video documentation: It is vital that you take photos and videos of the accident scene, such as terrain, lighting, skid marks, and anything else that may be of evidentiary value.
Statute of Limitations
Generally, most motor vehicle accident victims must initiate a claim within three years of the accident. The Colorado statute of limitations has strict time limits. Any claim filed past the deadline will be thrown out, and the victim will lose any legal ability to recover compensation.
A Highly Skilled Motor Vehicle Accident Lawyer Fighting to Help Clients Recover Full Compensation
If you have been injured in any type of motor vehicle accident, you must hire a skilled personal injury attorney who will fight to help you recover full compensation. Our law firm is passionately committed to helping clients obtain the fair treatment and justice they deserve.
If you need help filing a claim or determining fault after an accident, contact Mann Wyatt Tanksley Injury Attorneys in Kansas at 877-388-8555 to schedule a free consultation to discuss your case.