Denver, CO personal injury attorney Kyle Bachus explains whether or not you can still recover if you were partially at fault in a car accident. He notes that a common question after a crash is what happens if a person is considered partially at fault. This is particularly important in Colorado, where the firm is based. Colorado follows a system called modified comparative negligence, which essentially acts as a 50/50 rule: if a person is 50% or more at fault for causing a crash, they cannot recover any damages from the other party. Because of this, collecting evidence and proving that one is less than 50% at fault is critical.

He emphasizes that just because another driver, their insurance company, or even the police suggests someone is 50% at fault, it does not necessarily mean that is legally accurate. Insurance companies understand the 50/50 rule and may use it to justify denying a claim. This is why contacting a lawyer early is crucial to navigate these claims and understand one’s rights.

He contrasts Colorado’s system with pure comparative negligence states. In those states, a person can recover damages proportionate to the other party’s fault, even if they are mostly at fault themselves. For example, if a driver is 75% at fault but the other driver is 25% at fault, the injured party can still recover 25% of their damages.

He advises not to jump to conclusions about fault immediately, as there may be additional factors such as intoxication, texting, or other unsafe behaviors by the other driver that shift responsibility. Speaking with a lawyer allows for a thorough review of the facts, an understanding of the applicable state law, and a clearer picture of one’s rights and potential recovery.