What Happens if a Car Accident Was Partially My Fault?

If a car accident in Colorado was partially your fault, you may still be able to recover financial compensation. While sharing fault for an accident may reduce the amount of money you are eligible to recover, you may still receive a substantial sum to cover your medical costs, vehicle repairs, and other accident-related damages.

Under Colorado’s comparative negligence laws, you must prove you are less at fault than the other liable party. An experienced Denver car accident lawyer will make this case for you. Your personal injury attorney will also lead every step of your case, including settlement negotiations with the at-fault party’s insurance company.

If You Are Less Than 50% at Fault for a Car Accident, You May Deserve Compensation

Colorado uses a modified comparative negligence system, which means:

• Someone who is partially at fault for a car accident may still be entitled to compensation from one or more insurance companies.
• If you are responsible for 49% or less of an accident, you are generally able to seek compensation.
• If you are 50% or more at fault for the accident, you may not be eligible for compensation.
• It is critically important to prove your degree of fault is less than 50% (ideally, by a significant margin)

An experienced car accident attorney will secure and evaluate all evidence that suggests you bear less responsibility for the collision than another negligent party.

An Example to Show How Comparative Fault Works in Colorado

To help you absorb the meaning of comparative negligence, consider how it applies to a hypothetical collision:

• Motorist A is driving under the influence of alcohol. They run a red light and hit Motorist B, who is legally proceeding through a green light but sending a text message while doing so.
• The impaired Motorist A would likely have a comparatively large share of fault (let’s say 90%) because they were drunk and ran a red light, and the accident likely would not have happened had they been sober. 
• Because Motorist B was not paying close attention while texting and driving, they might be 10% at fault for the car accident.

If Motorist B suffered $100,000 worth of accident-related damages, Motorist A’s insurance provider would be responsible for paying $90,000, which reflects their 90% share of fault.

The issue of fault is not always this cleanly cut. One at-fault driver is not always obviously more negligent than another. The precise percentage share of fault can be difficult to decipher. Allow a Colorado personal injury lawyer to represent you and fight to reduce your portion of fault as much as possible. 

Car Accident Lawyers Regularly Represent Those Partially at Fault for Car Accidents

Whether or not you sense you could be partially at fault for a Colorado car accident, know the value of hiring an attorney. Lawyers can be uniquely helpful in cases involving shared-fault accidents because they can:

Use Evidence to Determine a Fair Percentage of Fault

Your car accident injury lawyer understands that, if they don’t prove you have less fault than the other motorist, you might be unable to seek compensation. They will seek to prove your lesser share of fault by:

• Gathering witness statements that suggest the other motorist primarily caused the collision
• Hiring one or more experts to explain, contextualize, and potentially reconstruct the accident
• Securing video footage, photographs, cell phone records, police reports, and other evidence supporting your car accident case

At the very least, this evidence should show that you were significantly less responsible for causing the crash than the other at-fault driver.

Convince Insurance Companies That You Only Bear Partial Fault

One or more insurance companies may be primarily responsible for your accident-related losses. Convincing those insurance companies of your lesser fault may lead to a fair settlement and relatively quick case resolution.

Insurers and auto accident lawyers often disagree about who is primarily responsible for a collision. They might also differ when calculating specific percentages of fault. Your attorney will present evidence, make persuasive arguments, share expert testimony, and possibly take other measures to convince insurance adjusters to see matters your way.

Appealing Any Miscalculation of Fault for the Accident

If your motor vehicle accident lawyer must formally appeal an insurance company’s miscalculation of fault by filing a personal injury lawsuit or taking other legal action, they will.

What a Lawyer Will Do for You as a Car Accident Survivor

Personal injury law firms stand by their clients from start to finish. In addition to gathering evidence and hashing out an appropriate share of fault with insurers, your experienced car accident lawyer will also:

• Represent you with the insurance companies, which will streamline the claims process, prevent mistakes, insulate you from bad-faith tactics, and simplify your life after the accident
• Detail the harm you’ve suffered using medical records and invoices, receipts for vehicle repairs, expert testimony, your testimony, and other relevant documentation
• Negotiate with insurers, which may be a more productive process after your lawyer convinces them that you bear minimal fault for the accident
• Talk to you about taking legal action if it is relevant to your car accident injury claim, and handle all necessary legal procedures on your behalf

Find the right car accident lawyer as soon as possible, as quick action may contribute to a stronger case.

Damages You May Receive Compensation for After a Shared-Fault Car Accident

Automobile accidents can change your life in an instant. You might suddenly face several burdensome damages such as:

• Medical expenses (that may still be accumulating)
• Pain and suffering
• A sudden loss of income
• Diminished earning capacity
• Vehicle repair costs
• The cost of replacing personal property
• Permanent disability
• Scarring and disfigurement

Your attorney will be responsible for your case, but they will also help you get all the necessary medical care, mental health services, and other resources you need after the collision.

Call Matlin Injury Law Today for Your Free Consultation About Hiring a Colorado Car Accident Attorney

Matlin Injury Law has served over 1,000 clients, recovering over $25 million while fostering long-lasting relationships with those we serve. Our firm is as compassionate as we are focused on results, so we are the team to contact after a car accident in Colorado.

Call Matlin Injury Law today for your free, no-obligation consultation. We will make the legal process as stress-free as possible for you.