so one of the questions that we get a

lot is what happens after a crash if I’m

considered to be partially at fault now

this is a really important question

especially in a state like Colorado and

there’s two different ways that this is

handled by different states I’m going to

talk about Colorado first then we can

talk more generally we do handle cases

all over the country but in Colorado

where our Law Firm is based Colorado

follows this kind of what’s it the

formal name us lawyers call it modified

comparative negligence but what it

really means is kind of a 50 50 rule if

you are 50 at fault or more

after a crash or in causing a crash

you’re 50 or more at fault and causing a

crash

then

you cannot make any claim against the

person who was also involved in the

crash this means this collection of

evidence and proving that you are less

than 50 fault is extremely important now

I also want to tell you that just

because the other driver says you’re 50

of fault doesn’t mean you’re 50 at fault

just because the other driver’s

insurance company says you’re 50 at

fault doesn’t necessarily mean you’re 50

at fault even if the police tell you

that they believe you’re 50 at fault

doesn’t necessarily mean you’re 50 at

fault that’s why you want to contact a

lawyer to talk through these issues you

have to understand the insurance

companies they know about the 50 50 Rule

and you may not and so when you have an

initial conversation with an insurance

company they say well we’re looking at

it we yeah my client accepts some

responsibility or my uh in you know my

insured accepts or policy order except

some level of responsibility but we

think it’s kind of a 50 50 deal that’s

code word what they’re really saying is

we’re not going to pay you because

you’re in a state where 50 50 and you’re

out so that’s what a modified

comparative negligence state is and

that’s what Colorado is many other

states operate under what’s called Pure

comparative negligence and what that

simply means is you can only recover

from the other person the percentage of

your damages equal to the percentage of

their fault so if the other driver is 50

fault and you’re 50 at fault then in

those States you can recover 50 percent

of your damages if your even 75 percent

fault but the other drivers 25 percent

at fault in a pure comparative negligent

State you can actually still recover 25

percent of your damages so I would

encourage people uh not to jump to

conclusions about fault and how it’s

going to play out there are a lot of

facts and circumstances that we

investigate and look into to and it may

seem like you’re partially at fault and

then we find out the other person had

drugs or alcohol in their system or they

were texting and driving or whatever it

may be so I would encourage people not

to be caught up on on or concerned so

much about their own fault until they’ve

had an opportunity to reach out to a

lawyer speak to the lawyer present all

of the facts let a preliminary

discussion occur and then there can be

some uh determination as to do you have

fallen estate where it’s a 50 50 rule is

it a pure comparative negligence State

and you get a better understanding of

what your rights are in that particular

State and under the circumstances