Comparative Fault: Did You Contribute to Your Accident
Do not be surprised if an insurer calls you to discuss the case. They have one purpose: they are digging for information to show that you are at least partially to blame for your injuries. For example, you might have failed to look over your shoulder before changing lanes, or you could have been checking a text message while driving. In these examples, your careless conduct has contributed, at least in part, to the collision and your injuries.
Colorado Revised Statute §13-21-111 is our state’s comparative fault law. It states that someone who is equally to blame for an accident cannot receive compensation in a lawsuit. In other words, you can be 49% to blame—but not 50%.
Any fault will reduce your compensation proportionally. A client who is 25% to blame will receive 25% less in compensation. If you are 45% to blame, you will receive 45% less. This is better than the old rule in Colorado, where any degree of fault on a victim’s part completely barred their ability to obtain compensation. However, it makes talking with an insurance company dicey.
We can help. Our experienced Glenwood Springs car accident lawyers have negotiated settlements for many clients with most of the state’s largest insurers. We know how insurance adjusters review claims, and we can gather the evidence necessary to show you are not to blame for your injuries. Please contact us today online or call (970) 644-5194 to schedule a free consultation.