Your Guide to Comparative Negligence in Colorado Truck Accidents

Comparative Negligence in Colorado Truck Accidents — What Happens When You Share the Blame

Have you been hurt in a truck crash in Denver, CO? Then it’s crucial you understand how Colorado’s negligence laws affect what rights you have to seek compensation for your injuries. If there’s a chance you were even partly to blame for the crash, don’t panic––you haven’t automatically lost your right to sue for damages. But CO’s negligence laws do affect whether you can sue the other parties involved, and how much compensation you can sue for. It all comes down to what’s known as “comparative negligence”, which is a concept we’ll break down for you below.

Comparative fault truck accidents in Denver can be complicated, which is why you need experienced attorneys on your side. At Roberts Accident Law LLC, our lawyers know what it takes to win comparative fault truck accidents in Denver. We’ll do everything we can to help you secure the maximum compensation possible. Call now at 720-515-7058 for a free, no-obligation consultation on your claim.

What Is Comparative Negligence?

Comparative negligence is a legal concept for how we allocate blame between parties when determining who can sue for damages––and for how much.

• Courts use comparative negligence rules to decide who was mostly responsible for a road accident, and how this affects the damages they can claim.
• Since it’s not uncommon for more than one party to be at least partly responsible for a crash, comparative negligence is the fairest way to determine who is mostly to blame.
• Damages are awarded proportionately based on the degree of fault, meaning you can still often sue for damages so long as your share of the blame falls under a certain threshold.

Modified Comparative Negligence in Colorado Explained

Colorado uses a “modified” version of the comparative negligence doctrine. Modified comparative negligence means that parties are entitled to sue for damages if they are partly to blame for a crash, but if their liability exceeds a certain threshold, then they are prohibited from claiming damages.

• Under CO state law, individuals can sue other parties for damages if they are less than 50% to blame for a truck crash.
• If the individual is 50% or more to blame for the crash, then they can’t sue any other party for damages––no matter how much their claim is worth.
• Damages are reduced by the percentage share of the blame e.g. damages awarded are reduced by 20% of their total value if the individual is 20% to blame for the crash.

So, for example, say you are found to be 10% to blame for a truck accident in Denver CO. And maybe you’re entitled to $5,000 in damages if your share of the blame is 0%. Since you’re 10% to blame, the court would reduce your award by 10%, so you would now only receive $4,500.

Depending on how much your claim is actually worth, losing even 5% or 10% of the total award is significant. Roberts Accident Law strives to reduce a client’s liability so far as is reasonable to ensure they can claim the highest award possible.

Why Does the Shared Fault Rule Matter in CO Truck Crashes?

 The shared fault rule matters in all road accident claims in Denver, but it’s especially critical to trucking accidents. Here’s why.

• Multi-Party Liability: From the trucking company to cargo loaders, many parties can be responsible for a truck crash in Denver––not just the truck driver. Meaning, truck crash accidents are especially complex because we need to identify every potentially liable party to help reduce your liability.
• Complex Insurance Rules: Truck drivers and companies often have complex insurance policies with various rules and procedures to follow. This means they’re more likely to defend aggressively to shift blame onto other parties to limit their own liability.

Given how complicated comparative fault truck accidents in Denver can be, it’s crucial to hire an attorney to help answer your questions and determine who could be at fault––and how much your claim is worth.

Can I Recover if Partially at Fault for a Denver Truck Accident?

Yes––so long as the other driver, or other parties involved, are 50% or more to blame for the crash.

• If you are less than 50% responsible for the shared fault crash, you can recover damages based on your share of the blame.
• If you are 50% or more to blame for the crash, you can’t sue the other parties involved, since you’re more responsible for the crash than anyone else involved.

Comparative fault compensation rules can be tricky to understand, but the basic premise is simple––if you’re even slightly to blame for the crash, you can claim a reduced portion of damages. But if you’re “mostly” at fault, you’re barred from seeking compensation through a civil lawsuit.  

What Can I Recover for Comparative Fault Truck Accidents in Denver?

It all depends on the unique facts of your case. But if you’re less than 50% to blame for the crash, you may be able to claim damages such as:

• Medical expenses
• Loss of earnings
• Pain and suffering
• Loss of earning capacity

Remember, you can recover based on your “share” of the blame. So, if you’re proven to be e.g. 30% responsible, according to negligence laws, your damages are reduced by 30%.

Comparative negligence Colorado truck accidents can result in severe injury, loss of earning potential, and even loss of life. The Roberts Accident team is committed to ensuring that all victims––or loved ones left behind after a fatal crash––can seek the justice they deserve.

How Is Fault Determined for Denver Shared Fault Truck Crashes?

The goal of any comparative fault truck accident in Denver is to show that at least one other party is more to blame for the crash than another. So, as the plaintiff, you’re aiming to show that you’re less than 50% to blame for the accident. How might you do this? Well, it comes down to the quality of the evidence available and the strength of your negotiating position.

• A police officer’s crash report is a compelling starting point, especially if it sways blame towards the other party, e.g., speeding or suspected intoxication.
• Crash reports aren’t failproof. Unless an officer saw the crash, they’re based on a second-hand report of what probably happened. This can be a good thing for you–– it means we can challenge the report if it’s not helpful to you.
• The more evidence we have from the crash scene, whether it’s a witness testimony or dashcam footage, the easier it may be to reduce your share of the fault below the 50% threshold.
• Experienced truck crash attorneys understand how to build a persuasive case and uphold a client’s best interests in any negotiations. Having the Roberts Accident team on your side can ensure you’re in the strongest possible position to claim damages in a comparative fault truck accident in Denver.

How Do I Prove Comparative Negligence for a Denver Truck Accident?

Making a successful shared fault truck crash claim means proving four things:

• The other party owed you a duty of care, e.g. the duty to drive with due care and attention;
• The other party breached this duty e.g., careless driving, failure to maintain the vehicle;
• The breach of duty caused injuries and/or property damage; and
• You suffered actual harm and loss because of the crash e.g. medical expenses, repair bills.

Once there’s a causal link established between your injuries and the truck driver and/or trucking company’s negligence, it comes down to trying to reduce your liability to ensure you can claim damages––and to increase the level of compensation you can sue for.

How to Maximize Compensation for CO Shared Fault Truck Accidents

The Colorado 50% bar rule for truck accidents can seem an impossible hurdle to overcome. But here are some ways you can help to minimize your share of the blame and maximize your compensation.

• Seek Medical Attention: Always seek prompt medical care, even if you think you’re okay. Some injuries, such as head injuries, take time to manifest, and in all cases, medical records can help to prove your claim’s value.
• Report the Crash: Report the accident to law enforcement. We can use the accident report to show what happened and bolster your case.
• Preserve Documents: Keep all records, such as medical bills and repair estimates, to show the financial value of your claim.
• Gather Evidence: From dashcam footage to photos of property damage and your injuries, evidence from the crash scene can help you maximize your compensation.
• Hire an Experienced Attorney: From negotiating with your insurance company to filing a lawsuit, your accident lawyer will manage the legal side of things so you can focus on recovering and moving forward.

Time Limits for Comparative Fault Truck Crash Claims

You typically have two years from the accident date to sue for personal injuries or property damage after a truck crash in Colorado. But if there’s a fatality, loved ones normally have two years from the date of death to seek compensation, and shorter time limits apply if there are government-owned vehicles involved.

The best thing any injured party or loved one can do after a truck crash in CO is to contact Roberts Accident Law LLC as soon as possible after the accident. Even if you don’t know the extent of the damage just yet, we can still get your claim moving––and you won’t risk running out of time and losing your rights to seek damages from the party (or parties) responsible for your injuries.

What Happens if I Can’t Claim for a Shared Fault Truck Accident in Denver?

If you can’t claim damages for a partial fault truck accident in Colorado, you may still rely on your own personal insurance policy (or policies). It all depends on the types of policies you have. You may claim, for example:

• Medical expenses payable through your health insurance
• Personal Injury Protection (PIP) for medical expenses if your auto insurance policy includes this
• Collision coverage, for vehicle repairs

Your truck crash lawyer at Roberts Accident Law LLC can determine what insurance claim(s) you may file depending on the unique facts of your case.

Defense Tactics for Partial Fault Truck Accidents Colorado

Maximizing compensation for shared fault truck accidents often comes down to apportioning as much share of the blame to the truck driver, or trucking company, as possible. There are various strategies we can use to reduce or minimize your responsibility––here’s an overview of the most common options.

• Expert Witnesses: We may require medical experts to help prove the crash caused your injuries, especially if you have pre-existing medical conditions. We may also instruct other expert witnesses to reconstruct the accident scene to determine, e.g., the moving speed and point of impact.
• Footage Review: Whether it’s dashcam footage or CCTV evidence, we may use footage from the accident scene to help determine who caused the crash and e.g. if weather conditions or poor lighting contributed to the crash.
• Witness Statements: If anyone saw the accident, their testimony can be helpful in apportioning blame and proving if e.g. the trucker was speeding or failing to follow the rules of the road.
• Device Data: Trucks are heavily monitored for safety and security purposes, in line with federal trucking laws. We can use data from cameras, maintenance files, and electronic logging devices to detect anomalies such as sudden lane changes, maintenance failures, and distracted driving.

Although the Colorado 50% bar rule for truck accidents can make claiming damages more challenging, our team can help you build the most effective defense possible to ensure you have the fairest chance at the compensation you deserve. Insurers are trained to push your fault percentage up. You need an attorney who knows how to push it back down. Call 720-515-7058.

Speak to a CO Truck Accident Lawyer Now

Has you or a loved one been hurt in a shared fault truck accident in Denver? Then Roberts Accident Law LLC can help. Our experienced truck crash team is just a phone call away. All initial consultations are free, so you have nothing to lose by meeting us to discuss your options––but possibly compensation to gain.

Don’t let the trucking company convince you that there’s no way forward after a shared fault truck crash. Get Steve Roberts in your corner. Call 720-515-7058 to schedule your no-obligation first meeting.