Can I Still Sue if I Am Partially at Fault for a Car Accident in Colorado?

 Posted on July 31, 2025 in Car Accident

In Colorado, being partially at fault does not always prevent you from recovering damages in a car accident case. The outcome depends on the details of the case and how fault is divided between the parties. A Fort Collins, CO car accident attorney can help you understand your rights and determine if legal action is worthwhile.

How Does Colorado Law Handle Shared Fault in Car Accidents?

Colorado follows a rule called modified comparative negligence. Under this rule, you can still recover compensation for your injuries and losses, known as damages, even if you were partially to blame. According to Colo. Rev. Stat. § 13-21-111, the stipulation is that you cannot be more than 50 percent at fault.

If the final determination assigns less than 50 percent of fault to you, your award will be reduced by your percentage of liability. For example, assume the court will find that you were 25 percent at fault and valued your damages at $100,000. Then, deduct 25 percent from the total damages, amounting to $25,000, and you would receive $75,000 in damages. However, if you are found to be 51 percent or more at fault, you are ineligible to recover compensation from the other party.

How Is Fault Determined in a Colorado Car Accident Case?

Fault in a Colorado car accident is based on evidence that shows how and why the crash happened. Insurance companies, attorneys, and courts review this information to decide who was responsible and to what extent. This process is especially important in cases involving shared fault.

Several key factors are used to determine fault, including:

• Police reports: Officers who respond to the scene often document their findings and may issue citations. These reports can play a major role in assigning fault.

• Witness statements: Testimonies from people who saw the accident can provide helpful details about what occurred before and during the crash.

• Photos and video footage: Images of the accident scene, damage to vehicles, skid marks, and traffic signs can help reconstruct the event.

• Traffic law violations: If a driver broke a law, such as failing to stay in their lane under Colo. Rev. Stat. § 42-4-1007, that violation may be used as evidence of negligence.

• Careless driving: Driving without proper attention, even without a specific traffic violation, may count as negligence under Colo. Rev. Stat. § 42-4-1402, which defines and prohibits careless driving.

Once fault is assigned, it can affect how much compensation a person can recover. If a case goes to trial, the court will use this information to apply Colorado’s modified comparative negligence rule and determine the final award.

For a Free Consultation, Contact a Larimer County, CO Car Accident Attorney Today

Even if you share some blame for your car accident, you may still be eligible to recover compensation for your losses. A knowledgeable Fort Collins, CO car accident lawyer at Hoggatt Law Office, P.C. can help you understand how fault might affect your case and build a strong claim on your behalf.

Attorney Hoggatt brings extensive experience and recognition to every case he handles. He is a member of the Colorado Trial Lawyers Association and the Workers' Compensation Education Association, and he has earned multiple honors, including the Elite Lawyer designation annually since 2018, Lead Counsel Verified status, and recognition among The National Trial Lawyers Top 100. Call 970-225-2190 today and schedule a free consultation in English or Spanish.