How Fault Is Determined in Colorado Car Accidents (And Why It Matters for Your Claim)
Colorado Is an “At-Fault” State: What That Means
Like many of the states in the U.S., Colorado is an at-fault state. This means that the driver responsible for the accident is considered to be at fault, so their insurance company is responsible for covering the victims’ damages. This is different from a no-fault system, which doesn’t place fault on any of the drivers but simply requires each driver to utilize their own insurance company. It’s also important to understand that fault doesn’t always fall completely on one party, as Colorado uses modified comparative negligence, which makes proving liability that much more important. For example, you could still pursue a settlement from the other driver’s insurance company as long as your percentage of fault is less than half. But your percentage of fault will be subtracted from your settlement. A real-life example of how comparative negligence works is like this: if you are 10% at fault for the accident, while the other driver is 90% at fault, and you were awarded $100,000 for your claim, your percentage of fault would subtract $10,000 from that amount.Key Evidence Used to Determine Fault
When you go to file a claim after a car accident, this is when you will need to provide evidence proving who was at fault or who held the highest percentage of fault for the accident. Knowing what evidence to include can make or break your ability to get the settlement you deserve, especially if you sustained injuries from the accident and have extensive medical bills. Here are some examples of the most important pieces of evidence used to prove liability:- Police accident report
- Witness statements
- Medical records
- Treatment bills
- Doctors notes
- Photos and videos
- Accident reconstruction
- Expert testimony
What to Do If Fault Is Disputed
Because of the comparative negligence law in Colorado, there’s a lot of room for complications when proving fault in a car accident. The most common issue you may run into is having fault disputed if the insurance company or other driver doesn’t agree that they held the highest percentage of fault. If this is the case, there are a few different things you can do to resolve the issue:- Find witnesses to the accident: One of the first steps you and your attorney can take is to find witnesses who may have additional information to help prove fault.
- Get the help of an expert: Accident experts can also help to provide greater clarity regarding how the accident occurred and who was at fault. If you didn’t already obtain the help of an expert, now would be the time to do so, as they may be able to find additional evidence to support your side of the story.
- Uncover new evidence: If fault is disputed, another important step to take is to retrieve and re-examine all of the evidence from the scene of the accident. Nowadays, doorbell cameras and home security video may be available that show factors that can help prove fault in your favor. Your attorney may be able to present the evidence with greater clarity, or may even uncover new evidence that the insurance company doesn’t have.