If you share responsibility for a crash with the other driver in Colorado, you may wonder if you can still recover compensation for the damages you suffered. The short answer is yes, although it depends on your level of contribution to the accident.
Under Colorado negligence laws, you are eligible for compensation as long as your degree of fault does not exceed the other driver’s. It means that if you are 49% to blame, you can recover damages arising from the crash. However, you cannot recover anything with your car accident claim if you are more than 50% at fault.
It is also worth noting that your level of fault will reduce the compensation due to you. For instance, if you suffered $100,000 in damages but are 30% at fault for the crash, you will only recover $70,000 in compensation.
How is each driver’s degree of fault established?
Determining each driver’s degree of fault for an accident is crucial when settling car accident claims. Multiple factors are considered to establish fault, such as evidence from the accident scene, witness statements, police reports and any available video footage.
Insurance companies carefully analyze these elements to assess the actions and behaviors of each driver involved in a crash. Fault can be assigned at 100% for one driver, 50% for each driver or any other range of percentages.
Protect your interests after a car crash in Colorado
Shared liability adds a layer of complexity to car accident claims, requiring a careful assessment of each party’s degree of fault. Understanding how shared liability impacts compensation and navigating the legal processes can be challenging.
To protect your car accident claim and get justice, seeking legal representation can provide invaluable guidance and ensure your rights are protected throughout the claim process.