If you’ve been involved in a car accident in Denver, understanding Colorado’s modified comparative negligence rule is crucial to protecting your legal rights. In the chaos following an accident, it may be unclear who is at fault and how much compensation you might be entitled to. Whether your accident happened on I-25, around the Denver International Airport, or near a busy intersection downtown, knowing how negligence is determined in Colorado will help you understand your options. A car accident lawyer in Denver can help you overcome the complexities of this rule and ensure you receive the compensation you deserve.

What is Modified Comparative Negligence?

In Colorado, the law applies a modified comparative negligence rule to car accident claims. This means that if both drivers are at fault for the accident, each driver’s compensation is reduced by their percentage of fault. The key aspect of this rule is that if you are found to be 50% or more responsible for the crash, you will not be able to recover compensation for your injuries. This is different from many other states where a driver can still recover compensation even if they are partially at fault. Understanding how comparative negligence works is important to ensure you don’t unknowingly hurt your chances of receiving fair compensation.

How Fault is Determined in Denver Car Accidents

Determining who is at fault for an accident is not always straightforward. Whether the accident happens on a high-speed highway like I-70 or in a more congested area like Cherry Creek, insurance companies, police officers, and judges look at various factors to determine fault. These factors can include:

  • Traffic violations (e.g., running a red light or speeding)
  • Witness testimonies
  • Police reports
  • Camera footage from traffic cameras or nearby businesses
  • Evidence of damages (e.g., vehicle damage patterns)

If you are partially responsible for the accident, your compensation will be lowered by the percentage of fault attributed to you. For example, if you are found to be 22% at fault for the accident, your compensation will be reduced by that amount.

How the 50% Rule Impacts Your Case

The 50% bar rule in Colorado means that you cannot recover compensation if you are 50% or more at fault for the car accident. This rule significantly affects the outcome of many car accident cases, and this is especially true if there is a dispute about who caused the crash. If you are found to be 51% responsible, you lose the right to receive any compensation, even if the other driver is more negligent.

It’s crucial to work with a car accident lawyer in Denver who understands how these laws apply to your specific situation. Your lawyer can work to ensure that the fault is assigned fairly and that your level of responsibility doesn’t result in losing your ability to recover damages.

Here are two examples of modified comparative negligence in action:

  • Accident on I-25: Imagine you’re driving on I-25 during rush hour when another driver cuts in front of you, causing you to swerve and hit the guardrail. The other driver is 70% at fault for the accident, but you were also speeding when the incident occurred. In this case, a judge may assign 30% of the fault to you, meaning you will only recover 70% of the damages.
  • Accident Near Denver International Airport: Suppose you’re waiting at a stoplight near Denver International Airport, and another vehicle rear-ends your car while you’re at a complete stop. If the driver who hit you was distracted, they would likely bear the majority of the fault. However, if your brake lights were malfunctioning, a judge might assign you 10% of the fault, reducing your compensation accordingly.

Why You Need a Car Accident Lawyer in Denver

Hiring an experienced car accident lawyer in Denver is essential to protect your interests. Insurance companies are often looking for ways to reduce the amount they pay out, and they may argue that you share more fault than you truly do. A lawyer can gather evidence, work with experts, and handle negotiations with insurance company reps to ensure your case is properly represented.

A lawyer will also be able to anticipate the strategies used by insurance adjusters and counteract them effectively. For example, if they attempt to blame you for more than your fair share of the fault, a skilled lawyer can present evidence to refute those claims. If necessary, your lawyer will represent you in court and fight for a favorable outcome.

Take Action to Protect Your Compensation

After a car accident, it’s easy to feel overwhelmed by the process of filing a claim and dealing with insurance adjusters. If you’ve been injured in an accident in Denver and believe that comparative negligence might affect your case, contact a car accident lawyer today. A lawyer will make sure that your legal rights are protected and help you receive the maximum compensation. Don’t risk losing out on fair compensation due to misunderstanding how negligence works in Colorado—reach out for professional legal guidance now.