Understanding Comparative Fault in Car Accident Settlements
Car accidents are an unfortunate reality for many people. The aftermath of an accident can leave individuals feeling overwhelmed, confused, and unsure of how to move forward. When you're involved in an accident, it's not just about physical recovery; there's often the question of how to handle insurance claims, potential settlements, and comparative fault.
At the Law Offices of Malcolm B. Seawell, PC in Denver, Colorado, I help clients throughout Aurora, Golden, Lakewood, Arvada, Boulder, Brighton, Englewood, Castle Rock, Littleton, and Highlands Ranch. I’ll walk you through what comparative fault is, how it works in Colorado, and how it might affect your settlement. Call me today for help from a skilled auto accident attorney.
What Is Comparative Fault?
Comparative fault is a legal doctrine used in personal injury cases to determine how much responsibility each party bears for an accident. In simple terms, it means that if more than one party is at fault for an accident, the responsibility for damages will be divided among the parties based on their degree of fault.
Under Colorado law, comparative fault follows a "modified comparative fault" rule. This means that if you’re found to be partially at fault for the accident, your compensation will be reduced in proportion to your degree of fault. However, if you’re found to be more than 50% at fault for the accident, you’re barred from recovering damages entirely.
How Comparative Fault Affects Car Accident Claims
When you're seeking compensation after a car accident, the insurance companies and courts will look at the circumstances of the crash and determine how much responsibility each party holds. This is where comparative fault comes into play. Let’s say you were involved in a car accident, and the other driver is claiming that you were at fault in some way.
Even if you’re partially to blame, you may still be able to recover compensation, but it’ll be reduced based on your percentage of fault. Here are a few ways comparative fault can affect your settlement:
Reduction of compensation: If you’re found partially at fault, your compensation will be reduced by your percentage of fault. For example, if you’re awarded $10,000 but are found to be 20% at fault, your compensation will be reduced by $2,000, leaving you with $8,000.
Insurance negotiations: When insurance companies assess the blame for an accident, they may use comparative fault to reduce the payout they offer you. This could result in a lower settlement offer.
Legal implications: In more complicated cases, your percentage of fault may be contested, which could lead to a longer and more drawn-out legal process. It’s important to have an auto accident attorney on your side to help make sure your fault percentage is fairly evaluated.
Understanding how comparative fault affects your car accident settlement is essential when seeking compensation. Even if you’re partially at fault, you may still be entitled to compensation, though it’ll be reduced based on your degree of responsibility.
The insurance companies and legal system will assess the circumstances, potentially leading to a lower settlement if fault is disputed. To make sure your fault percentage is accurately assessed and to protect your rights, it's crucial to have an experienced auto accident attorney by your side. Reach out to a trusted attorney to help with this challenging process effectively.
Colorado’s Modified Comparative Fault Rule
Colorado follows the modified comparative fault rule, which means that if you’re found to be 50% or more at fault for the accident, you’re not eligible to recover any damages. However, if you’re less than 50% at fault, you can still recover compensation, though it’ll be reduced based on your level of fault.
This is an important factor to understand because even being slightly at fault can impact the amount of financial recovery you’re entitled to. In practice, if you’re found to be between 0-49% at fault, you can still recover damages, but your compensation will be reduced according to your percentage of fault.
On the other hand, if you’re found to be 50% or more at fault, you can’t recover any damages from the other party or their insurance company. It’s essential to have an auto accident attorney on your side to help mitigate the effects of comparative fault in your case.
The Importance of Evidence in Comparative Fault Cases
In car accident cases where comparative fault is a factor, evidence plays a crucial role. Both sides will present evidence to demonstrate the extent of responsibility each party holds for the accident. Having the right documentation can make a significant difference in proving your case.
Key forms of evidence include police reports, witness statements, video footage, and official testimony. A police report can provide important details, such as who was cited for the accident and the specific circumstances of the crash, helping to establish the degree of fault for each party.
Witness testimony can offer valuable knowledge into what happened and who was responsible for the accident. Video footage, such as from traffic cameras or dash cams, can provide clear evidence of how the accident occurred and help establish fault. In some cases, official testimony may be necessary to analyze the accident and determine how it happened and who is at fault.
Strong evidence can significantly reduce the impact of comparative fault on your case and increase your chances of receiving fair compensation. An experienced auto accident attorney at the Law Offices of Malcolm B. Seawell, PC can help gather the necessary evidence to support your claim and strengthen your case.
Examples of Comparative Fault in Car Accidents
There are different ways that comparative fault plays a role in accidents. To help illustrate how comparative fault works in car accidents, here are a few examples:
Example 1: You’re driving in your lane, but the other driver runs a red light and crashes into your car. You’re found to have been speeding slightly above the speed limit. In this case, the other driver may be found 80% at fault, and you might be found 20% at fault. If the settlement amount is $20,000, your compensation would be reduced by 20%, leaving you with $16,000.
Example 2: A driver is texting while driving and rear-ends your car at a red light. You, however, didn’t have your seatbelt on at the time. The other driver is found to be 90% at fault, but you’re found 10% at fault for not wearing your seatbelt. Your settlement amount of $30,000 would be reduced by 10%, leaving you with $27,000.
Example 3: You’re involved in a fender bender while driving in the snow. Both you and the other driver failed to adjust to the weather conditions. Both parties are found to be equally at fault for the accident. In this case, your settlement would be reduced by 50%, and you would be left with half of the total amount.
These examples show how comparative fault can reduce your compensation even if you’re not entirely responsible for the accident. Working with an experienced auto accident attorney from the Law Offices at Malcolm B. Seawell, PC can help you understand how much fault you may be assigned and how that will impact your claim.
Contact an Experienced Lawyer
If you’ve been involved in a car accident and are dealing with issues related to comparative fault, it's essential to seek legal advice from an experienced auto accident attorney.
At the Law Offices of Malcolm B. Seawell, PC in Denver, Colorado, we’ve helped many clients throughout the Denver metro area, including Aurora, Golden, Lakewood, Arvada, Boulder, Brighton, Englewood, Castle Rock, Littleton, and Highlands Ranch, understand how comparative fault can affect their claims. Reach out today to discuss your case and get the legal support you need to secure a fair settlement.