Can you recover damages if you’re partially at fault for a wreck?

Sometimes, more than one driver may bear responsibility for a crash. Picture a situation where a driver fails to signal when making a turn while the other is speeding, resulting in an accident. In such a case, the negligence of both drivers played a part in the accident.

If you contributed to an accident, you might wonder whether you can recover any damages. In Colorado, the answer to that question depends on the extent of your fault, as discussed below.

Colorado negligence laws explained

Under Colorado negligence laws, your contribution to the accident will reduce your recoverable compensation relative to your level of fault. If you are 30% responsible, you may recover only 70% of the damages you suffered from the crash. 

However, if your contribution to the accident was more than that of the other driver, it may be impossible to recover any compensation. In the example above, since the other driver majorly contributed to the accident, they might not recover damages.

How is fault established after an accident?

There is no one way to determine each party’s contribution to a crash, especially when both drivers give contradicting statements. Police reports, eyewitness statements, photographs and footage from traffic cameras can provide crucial information about an accident. In some cases, accident reconstruction experts may be involved to ascertain the circumstances that led to the crash.

Protecting your interests after a crash

If you had a hand in a car crash and sustained injuries, it is crucial to seek assistance when navigating the claims process. An insurer may wrongly assign fault, and it could affect the amount of compensation due to you. In such a case, it is necessary to understand your other legal options and what you can do to get the settlement you deserve.

 

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