The motorist who refused to yield is at fault, meaning they are legally responsible for paying compensation to injured victims.
Fault is often in dispute. There are no two ways about it—some motorists will lie and claim that they had the right of way and that you are really the one responsible for the accident. We wish this weren’t the case, but you absolutely must obtain helpful evidence at the scene of the crime to bolster your case.
For example, you should helpfully get the following soon after the collision:
- Take pictures of all vehicles involved in the crash. Focus on where the vehicles collided with each other, and zoom in if needed. These pictures will help establish who struck who.
- Write down your memories as soon as possible and be detailed. When did you see the other vehicle? How fast was it going? Did you hit your horn or brake?
- Find witnesses. They can testify as to what happened, which is compelling testimony. Get their names and contact information.
If you were hit outside a store, then there might be video of the accident since many businesses now have security cameras pointed toward their parking lots and surrounding areas.
In Colorado, both parties can be at fault. The key is to prove that you were less than 50% responsible. Anyone who is 50% responsible or more will not receive compensation.