Can I Still Recover Damages If I’m Partially at Fault in Colorado?

By Michael M. Clawson, Colorado Personal Injury Attorney | Clawson & Clawson LLP

One of the most common questions I hear after a car accident is this:

“The insurance company says I was partially at fault. Does that mean I don’t have a case?”

In Colorado, the answer is often yes, you can still recover compensation — but only if you understand how Colorado’s comparative negligence law works and how insurance companies use it to reduce or deny claims.

As a Colorado personal injury lawyer, I’ve handled many cases where insurers tried to exaggerate fault to avoid paying fair compensation. Below is what you need to know.

Colorado Uses a Modified Comparative Negligence System

Colorado follows a modified comparative negligence rule.

Here’s the key takeaway:

You can recover damages as long as you are less than 50% at fault
Your compensation is reduced by your percentage of fault
If you are 50% or more at fault, you recover nothing

Example:

If your damages are worth $100,000 and you’re found 20% at fault, your recovery is reduced to $80,000.

How Insurance Companies Use “Partial Fault” Against You

Insurance adjusters are trained to shift blame. Common tactics include:

Claiming you were speeding
Arguing you didn’t brake fast enough
Saying you were distracted
Suggesting your injuries were pre-existing

Even small fault assignments can dramatically reduce payouts.

This is why early legal representation matters.

Fault Is Not Always What the Police Report Says

Police reports are important, but they are not the final word on fault.

I routinely investigate:

Vehicle damage patterns
Scene photographs
Witness statements
Traffic camera footage
Event data recorders (black boxes)

Many cases initially labeled “shared fault” become clear liability cases once properly investigated.

Why Partial Fault Cases Require an Experienced Trial Lawyer

Comparative fault cases require:

Strategic evidence development
Medical causation analysis
Effective negotiation
Willingness to litigate if necessary

Insurance companies know which lawyers try cases — and which ones don’t.

At Clawson & Clawson, we prepare every case as if it may go to trial.

What You Should Do If Fault Is Being Disputed

If an insurer claims partial fault:

Do not accept blame
Do not give recorded statements without counsel
Preserve evidence immediately
Call a lawyer experienced in comparative negligence cases

Call Michael Clawson Before Fault Costs You Your Case

📞 Call me, Michael Clawson, today at 719-602-5888

Michael M. Clawson| Colorado Personal Injury Attorney

Email: Michael@clawsonattorney.com

💻 Request a free case evaluation by visiting our website.

There is no upfront cost, and you pay nothing unless we recover compensation for you.

The sooner you act, the more I can do to protect your rights.

Legal Disclaimer- This article is for informational purposes only and does not constitute legal advice. Reading this content or contacting the attorney does not create an attorney-client relationship. Legal decisions and outcomes depend on the specific facts of each case. Colorado laws may change, and you should consult a licensed attorney for advice tailored to your circumstances. No guarantee is made regarding the accuracy or completeness of the information provided.