Yes, you can still recover in Colorado if you were partly at fault, as long as your share of the blame is less than the other side's. Your award is cut by your percentage, and if your fault is equal to or greater than theirs, you get nothing (C.R.S. § 13-21-111). In practice, that means 49% at fault still recovers, and 50% does not.
How much can I recover if I was partly at fault?
- 1. $100,000 in damages, you 0% at fault: you recover $100,000.
- 2. $100,000 in damages, you 25% at fault: you recover $75,000.
- 3. $100,000 in damages, you 49% at fault: you recover $51,000.
- 4. $100,000 in damages, you 50% at fault: you recover $0.
- 5. $100,000 in damages, you 60% at fault: you recover $0.
People often call me worried that they “share some of the blame.” It's the right question to ask, and it's also the one insurers lean on hardest. Here is how the rule really works, how it plays out on Durango roads and sidewalks, and why the medical record so often decides where the percentages land.
What does Colorado's comparative negligence law say?
Colorado's comparative negligence law, C.R.S. § 13-21-111, has three moving parts. First, your own carelessness does not bar a claim if it “was not as great as” the negligence of the person you are suing. Second, the jury must return a special verdict listing total damages and each party's percentage of fault. Third, the judge cuts your award by your share, and enters judgment for the defense if your share is equal to or greater than theirs. That last step is the 50% bar.
If the said proportion is equal to or greater than the negligence of the person against whom recovery is sought, then, in such event, the court shall enter a judgment for the defendant.
Colorado's line is stricter than the “51% bar” some states use. Here a 50-50 split recovers nothing. So the fight between 49% and 50% is worth the whole case, and insurers know it.
Who pays when two or more people caused the crash?
Each defendant pays only its own share of the fault. C.R.S. § 13-21-111.5(1) says no defendant is liable for more than the percentage of fault assigned to it. If two drivers and a store owner share the blame, you collect from each of them separately, based on their own numbers. The one exception is people who “consciously conspire and deliberately pursue a common plan” to commit a wrong. Those people are jointly liable under subsection (4). That almost never comes up in a crash case.
Can a defendant blame someone who isn't in the lawsuit?
Yes. A defendant can name a “nonparty at fault,” such as a driver who fled or a contractor who set up bad traffic cones. The notice must be filed within 90 days after the case begins, unless the court allows more time, and it must give the nonparty's name or best description plus the reason for blaming them (C.R.S. § 13-21-111.5(3)(b)). Any percentage the jury gives that nonparty comes straight out of what you can collect. So insurers hunt for a nonparty early, often before a lawsuit is even filed.
How does the 50% rule play out in real Durango cases?
- Rear-end on Camino del Rio (all dollar figures here are examples). The lead car braked hard for debris; you were close but not tailgating. Fault: you 10%, rear driver 90%. Damages of $60,000 become $54,000.
- T-bone at College and Main. No video, and two witnesses disagree on the light. Fault: you 40%, other driver 60%. Damages of $120,000 become $72,000.
- Icy sidewalk outside a store on US-160. The store salted in the morning but not after the refreeze, and your shoes had little tread. Fault: you 20%, owner 80%. Damages of $90,000 become $72,000.
- Pileup near a US-550 work zone. Fault: you 5%, driver A 35%, contractor B 20%, a driver who fled 40%. Of $200,000 in damages, you collect $70,000 from A and $40,000 from B. The fled driver's 40% can't be collected from anyone in the case.
How do insurers build a shared-fault argument?
Adjusters know one point of fault can erase a whole claim, so they look for small things and make them big. Expect questions like these:
- “You glanced at your GPS, right?” One honest yes can turn into 20% of the fault.
- “Snow was falling. Were you going 40?” Speed for conditions is the classic winter move on US-550.
- “You waited a week to see a doctor.” That gap becomes the claim that you got hurt somewhere else.
- “What about the truck that drove off?” A missing driver is the easiest person to blame.
The gap-in-care argument is where my nursing background earns its keep. Concussion and neck injuries often bloom over two or three days. When the chart shows when each symptom started and why a visit was delayed, the “you must have been hurt later” story falls apart.
What evidence moves the fault percentage in my favor?
- 1. Scene proof: photos, video, debris, skid marks, lane position, and the weather that day.
- 2. Digital trails: dashcam files, car data on speed and braking, phone use logs.
- 3. Medical proof: same-day or next-day care, steady notes, and imaging when a doctor orders it.
- 4. Witnesses: names and numbers gathered early, plus experts when timing or speed is disputed.
- 5. Timelines: a chart that lines up symptoms, visits, and work limits day by day.
How can I protect my claim when fault is disputed?
- Get checked early, even if you feel okay. Adrenaline hides pain.
- Describe symptoms exactly: when they start, how often, what makes them worse.
- Follow the care plan, or tell your doctor why you can't, so the reason is in the chart.
- Be careful with adjusters. “I might've been going a little fast” will come back later.
- Save dashcam files, photos, and damaged gear. Snap the ice or the pothole before it melts or gets patched.
- Talk to a lawyer early. The 90-day nonparty window makes early digging worth it.
Is a shared-fault case still worth pursuing in Colorado?
Often, yes. A case an adjuster calls “borderline” because of shared fault is frequently a case with thin evidence, not a weak one. A soft-tissue injury with documented range-of-motion limits is not a small case. A concussion backed by neuro testing is not just “feeling foggy.” The clearer your medical story, the less room the defense has to move the percentages.
If an adjuster is pressing the “you were partly at fault” button, remember what it's for: pushing you toward the 50% line. Our personal injury team in Durango handles these arguments with legal strategy and an RN's read of the chart. For deadlines, see our Colorado statute of limitations guide, and when you are ready, set up a free consultation.
