How Do I Prove the Other Driver Is Responsible for My Car Accident in Colorado?

 Posted on February 13, 2026 in Car Accident

In most car accident cases, you must show that the other driver was negligent, meaning they failed to drive with reasonable care and caused the crash. This usually requires clear evidence, not just your word against theirs.

If you are dealing with injuries, vehicle damage, and insurance calls in 2026, the process can feel overwhelming. At Hoggatt Law Office, P.C., our Larimer County, CO car accident lawyer helps injured drivers understand what proof matters and how to protect their rights after a collision.

What Does Fault Mean in a Colorado Car Accident Case?

Proving fault means showing that the other driver’s actions caused the accident. Most car accident claims rely on the legal concept of negligence. To prove negligence, you generally must show that the other driver had a duty to drive safely, failed to meet that duty, caused the crash, and that you suffered injuries or financial losses as a result.

Common examples include speeding, distracted driving, failing to yield, or running a red light. Even a short moment of inattention can lead to serious harm on busy Larimer County roads like Interstate 25 or Highway 287.

Colorado follows a modified comparative negligence rule under C.R.S. § 13-21-111. You can recover damages if you are less than 50 percent at fault. However, your compensation will be reduced by your share of responsibility.

What Evidence Do I Need To Prove the Other Driver Was at Fault in Colorado?

Strong evidence makes it easier to prove what happened. Insurance companies often review documentation carefully before agreeing to pay a claim.

Helpful evidence may include:

• The official police accident report
• Photos or video of the crash scene and any vehicle damage
• Witness names and statements
• Traffic camera or dashcam footage
• Medical records linking your injuries to the accident
• Repair estimates

Gathering this information as soon as possible helps preserve important details.

How Important Is a Police Report for Proving Fault?

A police report often plays a key role. Officers document road conditions, statements from drivers and witnesses, and whether any traffic laws were violated.

If the other driver was cited for careless driving under C.R.S. § 42-4-1402, that can support your claim. While a citation does not automatically prove fault, it may carry weight with insurance companies.

What Happens if the Other Driver Says the Crash Was My Fault?

It is common for drivers to disagree about what happened. When stories conflict, physical evidence becomes very important.

Damage patterns, skid marks, and the position of vehicles can help clarify how the crash occurred. In more serious cases, experts may analyze the scene to determine what likely happened.

Avoid arguing at the scene. Focus on gathering information and seeking medical care.

What Should I Do Immediately After a Colorado Car Accident?

The steps you take right after a crash can affect your ability to prove fault later.

You should:

• Call 911 so law enforcement can respond.
• Seek medical attention, even if you feel okay.
• Take photos of vehicles and surroundings.
• Exchange insurance and contact information.
• Get witness contact details.
• Avoid admitting fault or guessing about the cause.

These actions help protect both your health and your legal claim.

How Long Do I Have to File a Car Accident Claim in Colorado?

In most car accident cases, Colorado gives you three years to file a lawsuit under C.R.S. § 13-80-101. Waiting too long can make it harder to gather evidence or locate witnesses.

Taking action early gives you a stronger opportunity to build your case. It also allows your legal team more time to review records, speak with witnesses, and address issues before deadlines become a problem.

Schedule a Free Consultation With Our Fort Collins, CO Car Accident Attorney

At Hoggatt Law Office, P.C., we help injured drivers understand their rights and pursue fair compensation. Attorney Hoggatt is a member of the Colorado Trial Lawyers Association and the Workers' Compensation Education Association. His involvement reflects a commitment to advocating for injured individuals throughout Colorado.

If you were hurt in a crash and need guidance, contact our Larimer County, CO car accident lawyer. Call 970-225-2190 to schedule a free consultation today. Se Habla Español.