I was injured in a car accident, but I’m partially at fault. Can I still collect damages?

December 27, 2016 | McCormick & Murphy's Blog


Your car flipped after being hit by a truck, the owner of which was texting and driving — but you were speeding at the time of impact. When it comes to collecting damages, what are your options? Do you even have any? Should you give up on the notion of a case all together? Not so fast. There is still hope — and plenty of it.

Here are a few important facts about Colorado cases in which the claimant (you) is partially at fault — courtesy of the experts here at McCormick & Murphy personal injury law firm in Colorado.

  1. Colorado is a contributory negligence state. This means that your damages may be reduced by your share of fault. For instance, if a court’s fact-finder finds you to be 25% at fault, your damages may be reduced by a quarter.
  2. If you are found to be more at fault than the defendant, you may not recover any money. Let’s say you were hit by a car that was driving carelessly, but you were driving while under the influence at the time. If you are found to be 55% at fault and the defendant is found to be 45% at fault, you may be denied damages because your percentage of fault is greater.
  3. If you are found to be at equal fault with the defendant, you may not recover any money. According to Colorado Revised Statute 13-21-111(1), you cannot recover any money if fault is split 50/50 by the court’s fact-finder.

Clear as mud? We get it — this stuff is complex, and it’s the last thing you need to deal with if you’re attempting to heal after an accident. What’s more, you need an expert on your side who can give your case a fighting chance. We recommend calling or emailing a solid, competent personal injury attorney, who should offer you a free consultation.

He or she will let you know whether your case is worth pursuing. If it is, he will take care of all the paperwork, communication and other stressors that come with such a case so you can focus on getting well. Even better? A reputable personal injury attorney won’t charge you anything until, and unless, he wins your case.

If you were hurt in a car accident, give us a call at 1-888-668-1182 or fill out this form for a free case review. We have more than 50 years of legal experience and have recovered millions of dollars for our clients since over the past two decades.

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