What this video covers
- Colorado allows recovery below 50 percent fault
- Your award gets reduced by your percentage
- Partial fault doesn't mean no claim
Video summary
You're replaying the accident in your head and thinking, 'I could have done something differently.' That moment of doubt can stop you from pursuing a claim—but it shouldn't.
Colorado law recognizes that most accidents involve more than one person's mistake.
The state uses what's called modified comparative fault.
Transcript
You're replaying the accident in your head and thinking, 'I could have done something differently.' That moment of doubt can stop you from pursuing a claim—but it shouldn't. Colorado law recognizes that most accidents involve more than one person's mistake. The state uses what's called modified comparative fault. Here's what that means: if you were 40 percent responsible for the accident and the other party was 60 percent responsible, you can still recover damages. Your award would be reduced by your 40 percent share, but you're not shut out completely. The critical part: you only lose the right to recover if you're found 50 percent or more at fault. Below that threshold, you have a legitimate claim. Why this matters: many injured people assume partial fault means no case. They stop pursuing compensation, skip medical treatment, or delay speaking with a professional. That assumption costs them money they're legally entitled to recover. If you're uncertain about your share of responsibility in an accident, that uncertainty is exactly why getting the facts reviewed early makes a difference. Your doubts don't determine fault—the evidence does.