Can You File a Claim if You Were Partially at Fault for a Car Accident?

If you were involved in a car accident in Colorado and believe you may be partially to blame, you're not alone, and you still may have the right to recover compensation. Colorado law recognizes that fault in auto accidents isn’t always clear-cut. Sometimes, more than one driver contributes to the crash. Fortunately, being partially at fault doesn’t necessarily disqualify you from pursuing a personal injury claim.

At Larson Law Firm, we help clients across Alamosa and Southern Colorado understand their legal rights after a car accident, even in complicated situations involving shared fault. Knowing how Colorado’s comparative fault law works can be the difference between getting nothing and receiving compensation for your injuries.

What Is Colorado’s Modified Comparative Fault Rule?

Colorado follows a legal doctrine known as modified comparative fault. This means that each party involved in an accident can be assigned a percentage of fault, and your ability to recover damages depends on your share of the blame.

Here’s how it works:

• If you are found to be less than 50% at fault, you can still recover compensation, but your total award will be reduced by your percentage of fault.
• If you are 50% or more at fault, you are barred from recovering any compensation from the other party.

For example, if you’re awarded $100,000 in damages but are found 25% at fault for the accident, your compensation would be reduced by 25%, and you would receive $75,000. But if you were found 51% at fault, you wouldn’t be entitled to recover anything.

How Is Fault Determined in a Car Accident?

Assigning fault in a car accident involves collecting and analyzing all available evidence. Insurance adjusters, lawyers, and in some cases juries, will review:

• Police reports
• Witness statements
• Traffic citations or violations
• Photos and videos of the accident scene
• Vehicle damage and skid marks
• Expert analysis and accident reconstruction

In many cases, fault is not assigned to just one driver. For example, if one driver was speeding but the other failed to yield, both may be found partially liable. The key is whether your percentage of fault falls below 50% and whether you can present a strong case to prove it.

If you’re unsure where your case stands, speaking with an experienced personal injury attorney is the best way to get clarity. Learn more about how we help car accident victims by visiting our personal injury page.

Common Scenarios Where Partial Fault Applies

Here are some real-world examples where multiple parties may share responsibility:

• You were rear-ended, but your brake lights weren’t working.
• Another car ran a red light, but you were speeding at the time of impact.
• You made a left turn across traffic, but the other driver was distracted and not paying attention.

In each of these cases, the court or insurance company may determine that both drivers contributed to the accident. As long as you are not mostly at fault, you may still have a valid claim.

Why You Shouldn’t Accept the Insurance Company’s Word on Fault

Insurance companies are quick to assign blame, often unfairly. If the insurer can say you were 50% or more at fault, they won’t have to pay anything on your claim. That’s why it’s risky to accept their assessment without a legal review.

Even if the adjuster tells you that you're partly to blame, you have the right to challenge that determination. With the help of a qualified attorney, you can present additional evidence, secure expert opinions, and advocate for a more accurate assignment of fault. Don’t let an insurance company minimize your claim or scare you into walking away.

What Damages Can You Recover if You’re Partially at Fault?

If your share of the blame is under 50%, you can still pursue compensation for:

• Medical expenses
• Lost wages
• Property damage
• Pain and suffering
• Future treatment or disability accommodations

The value of your claim will be reduced by your percentage of fault, but even partial compensation can go a long way in covering expenses and securing your recovery.

Call Larson Law Firm to Discuss Your Car Accident Case Today

Too often, injury victims in Colorado assume they don’t have a case because they made a mistake in the accident. But that’s not how the law works. You may still have a valid claim even if you were speeding, distracted, or made a minor driving error.

At Larson Law Firm, we take the time to investigate every detail of your accident and fight to reduce your percentage of fault wherever possible. Our goal is to help you recover the maximum compensation allowed under Colorado law, no matter how complex your case may seem.

Contact us today to schedule a free consultation. We’ll explain your legal rights, evaluate your claim, and help you take the next step toward recovery regardless of whether you were partially at fault.