Partially At Fault Doesn’t Mean Entirely Out Of Luck
Colorado Springs residents who suffer injuries in a car accident or other incident that was partially their fault may still be able to obtain compensation for their losses under the legal principle of “comparative negligence” in Colorado.
The concept of comparative negligence in Colorado, also sometimes called comparative fault or contributory negligence, recognizes that more than one person or party can be responsible for causing an accident or personal injury. In such cases, Colorado law permits a partially at-fault personal injury victim to seek and obtain damages – so long as they were less at fault compared to the other parties involved.
Fault Isn’t Always An Either/Or Proposition
Fault is a fundamental issue in every Colorado personal injury lawsuit. If a personal injury victim can’t prove to a judge or jury that the defendant’s conduct caused the accident that led to the injuries, they won’t be able to recover any compensation from that defendant.
Sometimes, one party is clearly and 100 percent responsible for an accident. For example, the distracted or texting driver who rear-ends another vehicle will likely be liable for any resulting damages.
But in many Pikes Peak region personal injury cases, fault isn’t an either/or proposition. Sometimes, a person seeking compensation for their injuries may be partially responsible for the accident. For example, a retail store patron who suffers injuries after a slip and fall on a wet floor due to a roof leak, which the retailer has clearly marked. If the patron had watched where they were going and not walked through the marked area, the slip and fall might not have occurred. If the retailer or property owner had taken steps to properly maintain the premises, including the roof, the accident likely would not have happened. Both parties may be partially responsible for the accident.
If you were injured in a car crash, slip and fall, or other accident and think that you were partially at fault, do not make the mistake of assuming you are unable to receive compensation for your injuries. As is the case in many other states, rules for comparative negligence in Colorado leave open the possibility of recovering damages depending on how much blame rests on your shoulders.
Further Reading: Proving Negligence For Slip And Fall Injuries In Colorado
Comparative Negligence In Colorado: Compensation Available, But Only If You Were Less At Fault Than The Other Party
Under Colorado’s comparative negligence law, if you get in an accident in Colorado and El Paso County judge or jury finds you to be partially responsible for the resulting injuries you sustained, you can recover damages for those injuries, but only if they determine that you were 49 percent or less at fault.
CO Rev Stat § 13-21-111 (2016) provides that a personal injury victim’s “contributory negligence” in causing an accident “shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought…”
In other words, if a Colorado judge or jury concludes that you were 50 percent or more responsible for the accident that caused your injuries, you will not be able to recover any compensation for your injuries.
In cases where the personal injury victim is less than 50 percent to blame for an accident, “any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made.”
Here’s how comparative negligence in Colorado works. Under Colorado law, the judge or jury must decide the amount of compensation that would have been awarded had there been no contributory negligence. They must also determine the percentage of fault each party bore for the accident.
Let’s say that an El Paso County jury decides that an injured plaintiff incurred $200,000 in damages for their injuries and losses. However, the jurors also conclude that the plaintiff was 30 percent responsible for the accident, while the defendant was 70 percent at fault. The court would then reduce the award of $200,000 in damages by 30 percent, allowing the plaintiff to recover $140,000 from the defendant.
Don’t Presume That Your Partial Fault Means All Is Lost – Let’s Discuss Your Case
If you have suffered injuries or losses in a slip and fall or vehicle accident, even if you believe you may have been partially responsible, you should contact an experienced Colorado Springs personal injury attorney today to discuss your case. Under the law of comparative negligence in Colorado, you may still be able to get compensation for your injuries.
The experienced Colorado Springs personal injury attorneys at King & Beaty know all that it takes to get the maximum amount of compensation available for those injured by others’ negligence and recklessness, including those cases where our clients may have been partially at fault. Please contact us today to arrange for your free initial consultation.
