November 25, 2015
The modified comparative fault rule in Colorado comes into play when the victims of traffic crashes may have been partly at fault for the collision. Essentially, this rule stipulates that traffic accident victims may be able to collect damages for their crash-related injuries and losses so long as they were not more than 50 percent responsible for causing the crash.
While this can be good news for many accident victims, there are some more important things to know about this rule. And we’ll point out a few of these facts below.
To clarify the above explanation, here’s an example of how the modified comparative fault rule would come into play after a Colorado car crash. Let’s say motorist A has a green light, is speeding and is drunk. Motorist B then pulls out in front of motorist A, cutting him off and causing a crash.
While both drivers in this situation have contributed to the traffic accident, as long as either motorist is found to be less than 50 percent at fault for the crash, that individual can still collect some compensation for his injuries in losses.
Colorado’s Modified Comparative Fault Rule: More Important Information
- Who determines fault percentages – The party responsible for assessing fault percentages for a crash will depend on whether a victim is pursuing financial recovery via an insurance claim or an auto accident lawsuit. For instance, while the insurance adjuster will typically evaluate fault percentages as part of the claims process, a court will make these determinations in the event victims seek compensation via a lawsuit.
- Insurers & the modified comparative fault rule – Although the modified comparative fault rule can significantly benefit some accident victims, it may also be used against others by insurance companies to try to devalue claims. For instance, it’s not uncommon for insurance adjusters to try to allege that accidents were partially at fault (even when they may not have been) or that their fault was more substantial as a way to try to reduce the value of a claim.
- Protecting your interests after a car crash – Given the above points, having a trusted advocate on your side following an auto accident can be essential. That’s because an advocate like an experienced car accident lawyer can help you push back against wrong fault determinations so that you are able to protect your claim and maximize your financial recovery.
Contact a Littleton Car Accident Lawyer at Bahr, Kreidle & Flicker
If you have been hurt in a traffic crash, contact a Littleton car accident lawyer at Bahr, Kreidle & Flicker to find out more about your options for financial recovery.
To get more information about your potential case and rights, attend a free, no obligations initial consultation with one of your attorneys. You can set up a meeting by calling us at (303) 794-7422 or emailing us using the form on this page.
From our law offices in Littleton, we represent clients throughout Colorado, including in the Denver Metro Area, Arapahoe County, Adams County, Jefferson County and the cities of Lakewood, Highlands Ranch, Lone Tree, Castle Rock, Westminster, Centennial and Aurora.