Understanding Colorado’s Negligence Law

If you’ve been injured in an accident in Colorado—whether it was a car crash, trucking accident, slip and fall, or another incident—the most important legal concepts you need to understand are negligence and comparative fault. Colorado follows a specific form of these rules that can impact how much compensation you receive—or whether you receive any at all.

Let’s break down what negligence and comparative fault mean, how these concepts work in Colorado, and what it means for your personal injury case.

What Is Considered Negligence?

In personal injury law, negligence is the failure to act with reasonable care. When someone acts negligently—by speeding, failing to shovel snow from a sidewalk, or leaving a hazard unmarked—and that negligence causes injury to another person, they can be held financially responsible.

But what happens when more than one person is at fault?

That’s where comparative fault comes in.

Comparative Fault: The Basics

Under the doctrine of comparative fault (sometimes called comparative negligence), fault can be shared among multiple parties—including the injured person.

Instead of treating fault as all-or-nothing, comparative fault allows a judge or jury to assign percentages of responsibility to each party involved in the accident.

For example, in a car accident case:

• The other driver may have been speeding (80% at fault),
• But you may have been distracted while driving (20% at fault).

In this scenario, you may still recover compensation—but your damages will be reduced by your percentage of fault.

Colorado’s Modified Comparative Fault Rule

Colorado follows a modified comparative fault system, codified in C.R.S. § 13-21-111. Here’s how it works:

• If you are 49% or less at fault, you can recover damages.
• If you are 50% or more at fault, you cannot recover any compensation.

This rule is sometimes referred to as the “50% bar.” In other words, you must be less at fault than the other party (or parties) to receive compensation.

Let’s walk through this with an example:

Let’s say a jury finds that you suffered $100,000 in damages after a car accident, but also finds you were 25% at fault because you were texting while driving. Under Colorado’s law, your total compensation would be reduced by 25%—so you’d receive $75,000.

But if the jury had found you to be 50% at fault or more, you’d receive nothing.

How Is Fault Determined?

Fault in a personal injury case is determined by examining evidence such as:

• Accident reports
• Eyewitness testimony
• Surveillance or dash cam footage
• Expert opinions (e.g., accident reconstruction specialists)
• Medical records

Insurance companies often try to use the comparative fault rule to minimize or deny claims. That’s why it’s crucial to work with a personal injury attorney who can gather evidence, challenge biased interpretations, and fight to keep your percentage of fault as low as possible.

Why This Matters for Your Case

Understanding comparative fault is essential for three reasons:

1. It affects your compensation. Even if someone else caused the accident, your recovery could be reduced if you’re found partially at fault.
2. Insurance adjusters use it to reduce payouts. You may hear statements like, “You were partly responsible, so we can’t pay the full amount.” These statements may or may not be accurate—get a second opinion.
3. It highlights the importance of strong evidence. Documenting your version of events immediately after an accident, preserving photos, and seeking prompt medical attention can all help support your case.

Getting Help After a Serious Accident

Colorado’s comparative fault law is a fair but strict rule—it acknowledges that life isn’t black and white, but it also places limits on recovery when an injured person bears substantial responsibility. If you’ve been hurt in an accident and believe someone else was at fault, don’t let the comparative fault rule discourage you.

Even if you may share some of the blame, you could still be entitled to compensation—as long as you’re less than 50% at fault. An experienced personal injury attorney can help you navigate these complexities, protect your rights, and maximize the compensation you receive.