If you’ve been injured in a car accident that was caused by the negligence of another driver, then you should be proactive in seeking accountability. This might mean taking legal action in the form of a personal injury lawsuit. While you’ll want to gather compelling evidence from witnesses and records, such as police reports and accident reconstruction analysis, that demonstrates the other driver’s fault, you can’t overlook what could be another important aspect of your case: comparative negligence.
Colorado’s comparative negligence law
A lot of people who are hurt in a car accident are concerned that they can’t recover compensation for their damages because they were partially at fault for the accident. This is true to a certain extent, but the law is more nuanced than that. Under Colorado law, compensation that is awarded to a victim can be reduced by the percent of fault allocated to the victim. So, for example, a $50,000 award will be reduced to $30,000 if a victim is found to be 40% at fault.
Another important aspect of comparative negligence is that it disallows an individual from recovering compensation from a defendant if the plaintiff’s portion of fault exceeds that of the defendant. In other words, a victim who is found to be more at fault for the accident than the defendant cannot recover compensation.
How this affects your case
Too many people go into their personal injury case thinking that they’ve got solid proof of the defendant’s liability without concern for any other aspect of their case. While you’ll certainly have to play aggressive offense if you hope to impose liability and recover compensation, you can’t overlook anticipating comparative negligence arguments that might be made by the other side. That’s why it’s often best to discuss these matters with an experienced personal injury attorney who might be able to help build the holistic and competent case you need to succeed.