Colorado’s 50% Bar Rule: Can You Still Get Paid if You Were Partially at Fault for a Denver Crash?

Under Colorado’s comparative negligence law, you may still be paid if you are partially at fault for a Denver crash, as long as your fault percentage is less than 50%.

This rule, often called the “50 percent bar rule,” directly impacts your ability to recover compensation after a shared fault accident in Denver.

An insurance company may try to argue that you hold a larger percentage of fault than you actually do to reduce or deny your claim.

A Denver car accident attorney can build a case to challenge an unfair fault apportionment and protect your ability to pursue a personal injury settlement.

Are you facing unfair fault assignment after a motor vehicle collision in Denver? 

Contact Born & McCaffrey Injury Law to schedule a free consultation exploring how we can help you pursue full and fair compensation for someone else’s negligent actions.

Key Takeaways About How Lawyers Help Protect Your Rights Under Colorado Comparative Negligence Laws

• Legal representation can help you recover compensation even with shared fault. Colorado’s modified comparative negligence law allows drivers who are less than 50% at fault to pursue damages, but proving your fault percentage requires strong legal advocacy.
• A lawyer can help navigate the 50 percent bar rule. If your fault reaches 50% or more, you are barred from recovering compensation. Attorneys work to ensure fault is fairly assigned, especially in complex accidents like those on I-25.
• Compensation is directly tied to fault percentage, which lawyers can challenge. For example, if you are found 30% at fault in a Denver car crash, your settlement is reduced by 30%. Legal professionals use evidence to minimize your assigned fault and maximize your recovery.
• Attorneys gather and present critical evidence to support your claim. This includes police reports, witness statements, and photos from accident hotspots, such as the Valley Highway, as well as expert analysis to establish liability.
• Lawyers counter insurance tactics designed to exploit the 50 percent bar rule. Insurers often assign higher fault percentages to injured parties to limit payouts. Legal representation ensures your rights are protected under Colorado negligence law, C.R.S. Section 13-21-111.

What Is Modified Comparative Negligence Under Colorado Law?

The state of Colorado employs a legal doctrine known as “modified comparative negligence.” It’s a system designed to divide responsibility when more than one person contributes to an accident.

Unlike some states with “contributory negligence” rules that bar you from compensation if you’re even 1% at fault, Colorado’s approach is more flexible.

Think of it like a scale. As long as your share of the blame is less than the other party’s (or parties’), you can still file a claim. However, the amount of compensation you may receive is reduced by your degree of fault.

But the initial assignment of blame or fault isn’t necessarily the last word in the battle to recover maximum compensation.

Legal professionals from Born & McCaffery Injury Law can help fight back against false narratives that would threaten to diminish or deny you compensation under the 50 percent bar rule.

The Role of a Denver Car Accident Attorney in Contesting Fault Percentage

A Denver car accident attorney’s job is to build a strong counter-narrative to overestimated blame assignments, supported by facts and strong evidence. They accomplish this by:

• Conducting an independent case analysis: Denver personal injury lawyers don’t just rely on the police report. They help gather all available evidence of fault from the Denver accident, including traffic camera footage, witness accounts, and vehicle data.
• Hiring reconstruction experts: In complex cases, an accident reconstructionist can analyze the physics of the crash to provide a scientific opinion on speeds, angles, and driver actions. This can be powerful in a comparative fault lawsuit in Colorado.
• Handling all insurance communications: Your lawyer becomes the point of contact for the insurance company. This prevents you from accidentally saying something that could be used to increase your fault percentage and lower the total compensation recoverable.
• Negotiating based on evidence: An attorney presents a clear, evidence-based argument for why the other party holds the majority of the blame, pushing back against lowball settlement offers based on unfair fault assessments.

A lawyer’s involvement signals to the insurance company that you will not be pushed into accepting an unjust outcome based on a skewed interpretation of Colorado’s personal injury claim law.

How Do I Know If I Am More Than 50 Percent at Fault for a Denver Car Crash?

Determining whether you are more than 50% at fault for a car crash isn’t always straightforward.

Insurance companies may try to convince you that their assessment is final, but fault is often open to interpretation.

A lawyer can help you challenge unfair blame and protect your ability to recover compensation.

You may be able to fight back against claim-diminishing blame if:

• The other driver was speeding or driving recklessly. Excessive speed or aggressive driving can shift liability, even if you were merging or turning.
• There were distractions involved. If the other driver was texting, talking on the phone, or otherwise distracted, their inattention could contribute to the crash.
• Road conditions played a role. Poorly maintained roads, unclear signage, or hazardous weather conditions may have been factors beyond your control.
• Witnesses or video evidence support your account. Statements from bystanders or footage from traffic cameras can provide an unbiased perspective on what happened.
• The police report contains errors or omissions. A lawyer can review the report for inaccuracies that may unfairly assign fault to you.

Understanding your level of fault requires a thorough investigation and a clear presentation of evidence. Legal professionals know how to challenge fault determinations and build a case that reflects the full picture of what happened.

FAQs About Shared Fault Accident Claims in Denver

What if multiple people were at fault for the crash?

In a multi-vehicle collision, fault can be divided among several drivers. Colorado law allows you to recover damages from each at-fault party, as long as your own fault percentage is less than the combined fault of the others. A lawyer can help untangle the complexities of fault in these situations.

Will my insurance rates go up if I file a claim where I was partially at fault?

Filing any insurance claim for comparative negligence in Denver has the potential to impact your premiums. However, the alternative is shouldering the full cost of your medical bills and other losses. The financial benefit of a successful claim often far outweighs any potential increase in insurance rates.

How is the final fault percentage decided?

Initially, the fault percentage may be negotiated between your attorney and the insurance company. If they cannot agree, the matter may proceed to a lawsuit where a judge or jury will make the final determination based on the evidence presented at trial.

Protect Your Right to Fair Compensation Under Denver Comparative Negligence Laws With the Help of Born & McCaffery Injury Law

After a Denver car crash, hearing an insurance adjuster suggest that you were partially at fault can be incredibly frustrating.

Under Colorado’s comparative negligence system, it’s more than a tactic. It’s a direct threat to your ability to recover funds for medical bills, lost wages, and other damages.

Fighting to keep your assigned fault percentage below the 50% bar is not just a detail; it is the foundation of your entire claim.

Are you concerned about how shared fault could affect your accident claim? 

Contact Born & McCaffrey Injury Law at (303) 800-6996 or message our Denver car accident lawyers online for a free consultation to discuss your case.