How Does Colorado’s Modified Comparative Negligence Law Affect Your Longmont Injury Claim?

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How Does Colorado’s Modified Comparative Negligence Law Affect Your Longmont Injury Claim? | Edward Smith Law

When another person’s actions cause your injuries, the situation can feel complicated if you believe your own actions also played a part. Colorado’s modified comparative negligence rule in personal injury law addresses these situations.

This system determines how shared fault in an accident affects your ability to recover compensation in a Longmont injury claim.

Key Takeaways for Colorado’s Modified Comparative Negligence

Colorado’s modified comparative negligence system may reduce your financial recovery.
The law bars you from recovering any compensation if you’re 50% or more at fault for the accident.
While an insurance company assesses your fault percentage using evidence like police reports and witness testimony, a personal injury lawyer can negotiate your share of blame.

Understanding Colorado’s Shared Fault Rule

Many people injured in accidents worry that being partially to blame means they cannot seek compensation. In Colorado, the law addresses personal injury claims where multiple parties share fault.

This framework is a modified form of comparative negligence. It means you can still recover damages from another party even if you were partially at fault for the accident that caused your injuries. However, the amount you can recover directly relates to your degree of fault.

What Is the 50% Bar Rule?

Colorado’s shared fault rule has a strict cutoff point; the law blocks you from recovering compensation if an investigation determines you were 50% or more responsible for the accident. This is commonly known as the 50% bar rule in Colorado personal injury law.

This rule makes the initial fault determination a critical aspect of your claim.

Common Factors That Increase Fault

Insurance adjusters review many details when allocating fault, and specific actions can significantly increase your percentage of responsibility. An adjuster will scrutinize your behavior leading up to the incident.

Factors that influence your percentage of fault include:

Ignoring Clear Warnings: A person walking past a clearly visible “Wet Floor” sign in a store or entering a part of a property clearly marked as “Do Not Enter” could share fault for a resulting fall.
Getting Distracted: Whether driving down Main Street or walking through a parking lot near Centennial Park, looking at a phone instead of your surroundings can be interpreted as contributory negligence.
Violating Safety Rules: Speeding in a vehicle is a common example, but so is running alongside a public swimming pool or failing to use the provided safety equipment on private property.
Unpredictable Movements: Suddenly stepping off a curb into the path of a cyclist on the St. Vrain Greenway or darting out from between parked cars can shift some of the fault to the injured person.

How Comparative Fault Reduces Longmont Settlement Awards

Colorado’s modified comparative negligence rule directly impacts your final settlement amount. The insurer or a jury first calculates the total value of your damages, which includes medical bills, lost income, and pain and suffering.

Next, they assign you a percentage of fault, which then reduces your total compensation.

A Real-World Example

Imagine a driver heads east on Ken Pratt Boulevard. They attempt to turn left without a green arrow and collide with a westbound vehicle. An investigation reveals the westbound driver was going 10 miles per hour over the speed limit.

A jury or insurance adjuster analyzes this scenario. They might find the turning driver 70% at fault for failing to yield, and the speeding driver 30% at fault.

If the speeding driver’s total damages are calculated at $100,000, that amount is then reduced by their 30% share of the fault. The law requires a $30,000 deduction from their total damages to account for their contribution to the accident.

After this reduction, the speeding driver is eligible to recover a final award of $70,000.

How a Personal Injury Lawyer Handles Modified Comparative Negligence

A Longmont personal injury lawyer makes a substantial difference when an insurance company alleges you share fault.

An attorney’s support involves several key actions:

Investigating Your Accident: Your lawyer collects and analyzes all available evidence, including police reports, traffic camera footage, and witness statements, to gain a clear understanding of the sequence of events.
Calculating Your Full Damages: Your attorney works to identify all your losses, from hospital bills and lost wages to future medical needs, to establish the claim’s full value before any reduction for comparative negligence.
Challenging Unfair Fault Allegations: Your personal injury lawyer presents evidence and legal arguments to counter the insurer’s attempts to place excessive blame on you for the accident.
Negotiating Your Settlement: Your attorney directly communicates with the insurance adjuster to argue for the lowest possible fault percentage, protecting your final compensation amount.

FAQ for Colorado’s Modified Comparative Negligence

What if I Believe the Other Driver Was Completely at Fault?

Even if you think that the other driver is completely at fault for the accident, you still need to present evidence to support your position. The other driver’s insurance company will conduct its own investigation to minimize its policyholder’s liability.

An attorney helps you gather the proof needed to show that the other party holds 100% of the fault.

Can I Still Get Compensation if I Was Partially at Fault for My Accident in Longmont?

As long as your percentage of fault remains below 50%, you can recover compensation. A Longmont personal injury lawyer offers protection against unfair allocations of blame.

Does Colorado’s Law on Comparative Negligence Apply to All Injury Cases?

The principle of modified comparative negligence applies to most negligence-based personal injury claims in Colorado. This includes car accidents, slip and falls on private property, and other incidents where negligence causes harm.

It doesn’t apply to intentional wrongdoing, strict liability cases, or workers’ compensation claims.

How Long Do I Have To File an Injury Claim in Colorado?

Colorado law sets a two-year deadline, known as the statute of limitations, for filing most personal injury lawsuits. However, for vehicle-related injury claims, you have three years from the date of the accident.

Get a Clear Assessment of Your Claim

Disputing a fault percentage requires a strategic approach built on solid evidence. Edward Smith can review the facts of your Longmont case and explain your legal options. Call the Law Offices of Edward Smith today for a direct consultation at (303) 682-2944.