When it comes to car accidents, determining who is at fault can be a complicated process. In Colorado, the concept of comparative negligence plays a significant role in how compensation is awarded after a car crash. If you’ve been involved in a car accident in Denver and are seeking justice, understanding how comparative negligence works is crucial to your case. A car accident lawyer in Denver can help navigate the legal process and ensure that your rights are protected.
What is Comparative Negligence?
Comparative negligence refers to the legal principle that allows the fault for an accident to be divided between all parties involved. In simple terms, if more than one person is responsible for causing a car accident, each party will be assigned a percentage of fault. In Colorado, the rule of modified comparative negligence applies, which means that you can still recover compensation even if you are partially at fault for the accident – as long as your fault is less than 50%.
This is in contrast to contributory negligence states, where you could be barred from recovering damages if you are even partially at fault. The modified comparative negligence rule in Colorado allows for a more balanced approach to awarding damages in car accident cases.
How Does Comparative Negligence Affect Car Accident Claims?
In Colorado, the amount of compensation you are entitled to after a car accident depends on your degree of fault. If you are found to be partially responsible for the accident, your compensation will be reduced by the percentage of your fault. For example, if you are awarded $100,000 in damages but are found to be 30% at fault, you would only receive $70,000.
Here’s how it works:
- 100% at Fault: If the other driver is completely at fault, you can receive the full amount of damages you are entitled to.
- Partial Fault: If both parties share fault, the amount of damages you can recover will be reduced based on the percentage of your fault.
- 50% or More Fault: If you are found to be 50% or more at fault, you will not be able to recover any damages under Colorado’s modified comparative negligence law.
For example, if you are involved in a car accident where you are found 20% at fault and the other driver is found 80% at fault, you could recover 80% of the damages you would otherwise be entitled to. This can be important if the other driver or their insurance company tries to shift blame onto you, as they might argue that you played a significant role in the accident.
Why a Car Accident Lawyer in Denver is Essential
Dealing with comparative negligence can be a complex and contentious part of any car accident case. An experienced car accident lawyer in Denver will help ensure that the proper evidence is gathered to demonstrate the extent of the other party’s fault. Without a skilled attorney, you may be unfairly blamed for a portion of the accident, which can reduce your settlement or award.
Here’s why hiring a car accident lawyer is essential:
- Investigating Fault: A car accident lawyer will work with investigators and experts to determine who was truly at fault. They will analyze accident reports, witness statements, and other evidence to present a compelling case for you.
- Negotiating with Insurance Companies: Insurance companies may try to minimize your compensation by using the comparative negligence defense. Your lawyer will fight to ensure you receive the compensation you deserve, even if you’re partially at fault.
- Maximizing Your Compensation: Your lawyer will ensure that your damages are calculated correctly, factoring in medical expenses, lost wages, pain and suffering, and other losses you may have incurred due to the accident.
- Filing Lawsuits and Representing You in Court: If necessary, a car accident lawyer will take your case to court to ensure that your rights are protected. They will represent you during negotiations and trial, working to achieve the best possible outcome.
The Importance of Evidence in Comparative Negligence Cases
In a comparative negligence case, gathering strong evidence is crucial. This can include witness testimonies, traffic camera footage, police reports, medical records, and expert testimony. Your attorney will use these to build a case that demonstrates the other party’s negligence and minimizes your own fault. This evidence will be essential in determining the amount of compensation you are entitled to.
Take Action Today
If you’ve been injured in a car accident in Denver, understanding the concept of comparative negligence is essential to your case. Colorado’s modified comparative negligence law can impact how much compensation you are able to recover, especially if you are found to be partially at fault. An experienced car accident lawyer in Denver, like those at William McBride Law Group, will be able to guide you through the process, protect your interests, and ensure that you are treated fairly.
If you are looking for a car accident lawyer in Denver, don’t hesitate to reach out to William McBride Law Group for a consultation. We’re here to help you get the justice and compensation you deserve.