What to Know About Colorado’s At-Fault State Laws

The first question to ask when you’re seeking compensation for a car accident is, “who caused the accident?” Finding who’s at fault for causing injuries determines the outcome of every personal injury case. The courts and accident lawyers use the legal term “negligence” to describe who is responsible or at fault for an accident.

Understanding how at-fault laws work in Colorado can help you determine how much your personal injury case is worth. Keep reading to learn all you need to know about Colorado’s at fault laws, and how the right injury lawyer will help you prove who is responsible for your accident.

The Difference Between No-Fault and At-Fault States

Colorado was once a “no-fault” state for accidents, but that all changed in 2003 when new laws were put in place. In a no-fault state, your insurance company will cover you regardless of who was responsible if you are hurt during an accident

It doesn’t mean that the accident was nobody’s fault. It just means your insurance company can cover you, and they will handle pursuing compensation from the other driver on your behalf if needed.

Now, however, Colorado’s current at-fault laws require you to file your claim against the insurance of the person who was responsible for the accident. You can’t file a claim for injuries with your insurance company if someone else was responsible. This means you must prove that the other person is responsible if you want to file a claim against their insurance company. This is why Colorado personal injury attorneys are more important than ever; injured Coloradans deserve someone fighting on their side.

What Is Negligence?

Colorado is now an at-fault state, so it’s vital to understand how negligence works and how to prove it. You must prove negligence in order to get the compensation you deserve. Negligence relies upon something known as the “reasonable person” standard. This means your lawyer will need to demonstrate that the other party acted in a way that was irresponsible in a way that failed to uphold the safety of others.

Next, we need to prove that this irresponsible action or failure to act led to the accident, even if indirectly. Finally, we have to establish that your injury happened as a direct result of being in the accident. In a perfect world, it’s JUST that easy! But, in many cases, injury cases need the support of someone with experience in the legal system to build a case to prove negligence.

Modified Comparative Negligence

Things get a bit more complicated because Colorado has a concept called “modified comparative negligence.” This means that if you’re partially responsible for the accident, your compensation will be reduced by a like amount. For example, if your case is worth $100,000 but you are 40% responsible, the settlement will be reduced to $60,000.

Further, if you’re 50% or more responsible, you lose your right to any award at all. That’s why it’s so important to have an accident lawyer in your corner to prove your case under Colorado’s at-fault laws.

Call our Colorado Accident Lawyers — It’s JUST That Easy!

To prove negligence under Colorado’s accident claim laws, you’ll need someone in your corner who can put together the evidence and documents to create an iron-clad case. The insurance adjuster has attorneys on their side, and they will use the law against you.

You deserve someone on your side advocating for your rights. Contact Heuser & Heuser, LLP, today at 719-520-9909 or fill out our online form to get your free case review. It’s JUST that easy!

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Frequently Asked Questions

There are a variety of things we look at when evaluating your case and determining its value. We look at how the accident occurred. We look at what sort of injuries you sustained. Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills? We look at lost wages. Did you lose your job? If you have permanent work restrictions as a result of the accident, you may not be able to find a job very easily in the future. These are some of the factors that we look at in evaluating a claim. Every case is unique and different. That’s why at our law firm, every case gets personal attention from the lawyer when it comes time to evaluate.

Insurance companies are in business for a reason: to make money. Anytime they are paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks. Quite frankly, you do need a lawyer to help you through this because your lawyer will make sure you’re properly compensated.

Cases settle before going to trial 80 to 90 percent of the time. However, that doesn’t mean there’s not a lot of work involved in getting a case settled outside of court. Sometimes you have to file a lawsuit and do a lot of what I call “legal maneuvering” to get a case settled. That means we take depositions from witnesses to the accident, from police officers, and from your doctors. But, yes, most cases will settle prior to trial.

We do get good results for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements. We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases. We’ll do whatever it takes to make sure our client is taken care of.

See What Our Clients Say

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Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909

No Fee Unless You Win

Questions or Schedule A free Appointment? Click to Call (719) 520-9909

Our Attorneys

Attorney Gordon Heuser | Heuser & Heuser | Colorado Springs

Gordon J. Heuser, Esq.

Attorney

As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 35+ years.…

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Barkley D. Heuser, Esq.

Attorney

Barkley Heuser is a Colorado native, and has lived in Colorado Springs for over 59…

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Brennan Heuser | Personal Injury Attorney | Colorado Springs

Brennan D. Heuser, Esq.

Attorney

Brennan Heuser is a Colorado Native who graduated from the University of Miami, Fl with…

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Want To Learn More About Your Colorado Car Accident Case? Download Our EBook, On Us!

We wanted to find a way to make your car wreck case even easier for you. That is why we wrote this guide that will provide you with the critical information you need to know about your car accident case.

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