Can a plaintiff recover compensation for their injuries if they are partially responsible for causing their harm? Like all too many legal answers, it depends. Colorado follows a modified comparative negligence rule and this post explains what the the law is and how it is applied to injured victims.

What is "comparative negligence?" Comparative negligence or fault simply means the percentage each party (or parties) are for the injury-causing event. In the simplest scenario, if one driver rear ends another driver sitting at a stoplight, the driver who crashed into the poor person sitting at a stoplight minding her own business is 100% at fault. However, if evidence indicates the driver who got rear ended did something to cause or contribute to the crash (i.e. cutting in front of the other driver at the last second and slamming on her brakes), they could be found comparatively at fault for the accident. In Colorado, our comparative negligence law is found in C.R.S. 13-21-111 

Who decides the percentage fault between the parties? Ultimately, if the case goes to a jury trial, the jury is tasked with determining the relative percentages of fault. If the case does not end up in court, the lawyers representing the plaintiff and defendant will argue amongst themselves as to why they think the other party is more at fault than their client. In most car accidents, it's relatively easy to decide which driver was at fault because the police do an investigation and cite the responsible driver. In other cases, like a premises liability slip and fall, it is much more difficult to apportion fault.

Can a plaintiff lose her case if she is partially at fault for her injuries? Again, it depends. In Colorado, a plaintiff can only recover damages for those injuries in which her negligence is not greater than the negligence of the defendant(s). In other words, as long as you're found to be less than 50% negligent, you are allowed to recover compensation for your injuries. However, the judge will reduce the compensation by the percentage fault attributed to the plaintiff. For example, if the jury determines the defendant was 60% at fault and the plaintiff 40% at fault and awards the plaintiff $100,000 for her injuries, the judge will reduce the award to $60,000. If the jury determines both parties were 50% negligent or the plaintiff is more responsible than the defendant, the plaintiff will recover zero. 

As with most areas of the law, there are exceptions and variables that apply so make sure you hire an experienced Colorado personal injury lawyer for representation. If you've been injured and have questions about who is at fault, please contact Kane Trial Law at 303-919-7777 for a free consultation.