Can I recover compensation if I was partially at fault?
Colorado’s comparative fault laws do allow victims to recover compensation even if they are partially responsible for an accident. However, if you are found to be 50 percent or more at fault for causing the accident, you may not recover damages. If you are found to be less than 50 percent at fault, your compensation will be reduced by the percentage of blame assigned to you.
So, for example, if you were speeding and the other driver was drunk, the drunk driver may be 90 percent to blame for the crash, and you may be found 10 percent at fault. If your damages are determined to be $10,000, then your compensation amount would be reduced by 10 percent. So you would receive $9,000.
Remember: Never admit fault in an auto accident. There are many factors you may not know about, so it’s best to let the investigators do their job and determine who is really to blame.