Can More Than One Person Be Responsible for a Wrongful Death in Colorado?

 Posted on September 03, 2026 in Wrongful Death

Losing a loved one because of someone else's negligence can leave a family with difficult questions about what happened and who is responsible. More than one person or business can be responsible for a wrongful death in Colorado. When several parties contributed to the death, each may be held responsible for their role. A Fort Collins, CO wrongful death attorney can investigate the circumstances and help identify the parties who may be liable.

How Can Multiple Parties Be Responsible for a Wrongful Death in Colorado?

According to Colorado law, multiple parties may be held responsible when their separate actions contribute to the same fatal accident. One party does not have to be solely responsible for a family to have a claim against that person or business. This allows responsibility to be divided among those whose conduct caused the harm.

For example, a commercial truck driver may cause a fatal crash by driving carelessly. If the driver's employer also contributed to the circumstances that led to the crash, the company may face liability based on its own conduct. Maybe the driver's vehicle hadn't been properly maintained by the employer, or the employer put the driver in conditions that led to the crash.

How Is Fault Divided Between Multiple Parties in Colorado?

C.R.S. § 13-21-111.5 states that a defendant is generally responsible for the portion of the damages that corresponds with that defendant's share of responsibility. This means that responsibility among multiple defendants is generally divided according to each defendant's percentage of fault.

Suppose two drivers contributed to a fatal collision. A jury could find one driver 70 percent responsible and the other 30 percent responsible. Those percentages can then determine each defendant's share of the damages.

Colorado law also allows a defendant to identify a person or business that is not part of the lawsuit as a nonparty at fault. If fault is assigned to that nonparty, it can affect how responsibility is divided among those involved in the case.

What Evidence Can Show That More Than One Party Was Responsible for a Wrongful Death?

Evidence can help establish what each party did and how those actions contributed to the death. The records needed will vary based on how the fatal incident occurred.

An investigation may include:

• Police or accident reports describing what happened
• Photos, video footage, or physical evidence from the scene
• Business or employment records showing another party's involvement
• Statements from people who witnessed the accident

Evidence obtained later in an investigation may reveal responsibility that was not clear immediately after the death. For example, records obtained after a commercial vehicle crash could provide information about the driver's employer and their role in the events leading to the collision.

Can the Person Who Died Share Fault for the Accident in Colorado?

Colorado law allows some responsibility to be assigned to the person who died. When that person's own negligence contributed to the fatal accident, it can affect the compensation available through a wrongful death claim.

A wrongful death claim may generally be filed by the deceased person's surviving spouse, heirs, or designated beneficiary, depending on who survives the deceased and when the claim is filed. So, if you’re seeking compensation for the loss of your loved one, their share of fault can impact the damages you can recover. But shared fault doesn’t necessarily end the wrongful death claim. You’d only be unable to recover compensation if your loved one is found to be 50 percent or more at fault. For anything under 50 percent, you could still recover a portion of damages, minus their percentage of fault.

Contact a Larimer County, CO Wrongful Death Attorney for a Free Consultation

When more than one person or business contributed to a loved one's death, identifying each responsible party can be an important part of the wrongful death claim. At Hoggatt Law Office, P.C., we can investigate the circumstances and help you determine who may be held responsible.

Contact our Fort Collins, CO wrongful death lawyer for a free consultation, or call 970-225-2190.

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