Let’s say you were in a store, and you slipped and fell, suffering a concussion. With the help of an experienced personal injury attorney, a plaintiff can use evidence such as: The best way to avoid a reduction in the personal injury award is to properly prove that the other party caused the accident and that it was through no fault of the plaintiff. The general assembly has altered traditional theories of loss allocation in tort with the passage of the uniform contribution among tortfeasors act, 13-50.5-101 to 13-50.5-106, and with the introduction of a comparative negligence scheme into Colorado law by this section. Take another look at the reckless driving example mentioned above. Negligence cases - comparative negligence as measure of damages Colorado’s comparative negligence law is found in statute 13-21-111 as well as in Colorado common law. Then, the judge or jury must determine the relative fault of each party. If the court determines that you were also at fault in your accident, they may reduce the compensation you’ll get.. How Modified Comparative Negligence … Insurance companies in Colorado commonly use the concept of comparative negligence to fight claims or to contest lawsuits. It’s common knowledge, that “fault”, or liability, is a big deal when deciding lawsuits. Example 1: Reginald steps in a puddle of water, slips, and falls while shopping at his local grocery store. Comparative negligence is a principle of tort law that applies to casualty insurance in certain states. Under the rule of comparative fault, the jury is instructed to allocate fault among all parties such that the total amount of all allocations is 100%. Getting arrested for DUI does not mean you will be convicted. Contributory negligence Every person driving on the streets and highways has a responsibility to act as “reasonable person” while operating a motor vehicle, be it a car, truck, motorcycle, bus or anything else. Because he was found to be 10% at fault, his damages are reduced by 10% ($5,000). Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law. (2) In any action to which subsection (1) of this section applies, the court, in a nonjury trial, shall make findings of fact or, in a jury trial, the jury shall return a special verdict which shall state: (a) The amount of the damages which would have been recoverable if there had been no contributory negligence; and. Modified comparative negligence is used in a Colorado personal injury case: The jury decides the amount of fault each party is responsible for. So, if a jury finds the pedestrian and the driver were both 50% at fault for the accident, the pedestrian wouldn’t be able to recover anything. The use of this form or website for communication with anyone at Kalamaya | Goscha does not establish an attorney-client relationship. Courts and Court Procedure § 13-21-111. The jury finds that Ed was 20% at fault (for speeding) and Helene was 80% at fault. What Are Colorado's Negligence Laws? Below, our Colorado personal injury attorneys address frequently asked questions about modified comparative negligence in personal injury lawsuits and the injuries you may have suffered: Modified comparative negligence in Colorado is a: (Also see our article on gross negligence cases.). Other states throughout the country have similar regulations in place regarding traffic accidents. The Colorado law states that liability doesn’t need to be 100% on one party or the other. Comparative Negligence in Denver. Allison is badly hurt in the car accident and sues Fredrick for negligence. If the amount awarded at trial to the pedestrian for damages is $100,000, the law of comparative negligence would reduce the pedestrian’s award by 25% and that person would get $75,000. Justia US Law US Codes and Statutes Colorado Revised Statutes 2016 Colorado Revised Statutes Title 13 - Courts and Court Procedure Damages and Limitations on Actions Article 21 - Damages Part 1 - General Provisions § 13-21-111. Copyright © 2020 Colorado Legal Defense Group. Kalamaya | Goscha is a Colorado law firm founded by, Divorce Tips for Social Media & Cyber Security, Top Five Tips: Navigating Holidays During a Divorce, Discovery During Divorce: Rule 16.2 & You Part 2, Kalamaya | Goscha Opens New Office in Denver, Discovery During Divorce: Rule 16.2 & You, Joint or Retained Expert? Colorado Negligence Law. There are no set guidelines in Colorado for concluding which party is at fault for a car collision. Example 2: Ed and Helene are both speeding while on the highway and are driving in lanes next to each other. The amount of damages awarded by the jury will be adjusted based on the plaintiff’s degree of fault in causing his or her own injuries. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Understanding how this works in a real life lawsuit is important, and the following examples are designed to help. 2. A plaintiff/claimant must prove the defendant was negligent, and the negligence caused damages. Colorado Negligence Law Definition. Colorado, on the other hand, follows modified comparative negligence. As the negligence laws by state differ, it is crucial to know about the rules and regulations of your territory. For example, a motorist who was speeding at the time he was struck and injured by a drunk driver may have his damages reduced in proportion to his share of the fault. The Colorado statute provides that a person may recover damages in proportion to the degree of negligence of each party. Pure comparative negligence means that even if someone is 99 percent at fault in an accident, he or she can still receive 1 percent compensation for any damages he or she suffered. He is severely injured and sues Helene in a personal injury lawsuit. CRS 13-21-111. [10] It should be noted that the jury is only instructed as to willful and wanton conduct as it relates to the defendant's conduct, and only for the purpose of determining whether exemplary damages should be awarded. The Colorado law states that liability doesn’t need to be 100% on one party or the other. The jury awards Ed $100,000. Kalamaya | Goscha is an award-winning team of Colorado trial lawyers specializing in family law, personal injuries and criminal defense. Instead of $100,000, Ed now will only be awarded $80,000. (b) The degree of negligence of each party, expressed as a percentage. Maybe it’s a ski accident personal injury case, a snow and ice caused car accident, or a mountainous construction injury. Pub. It helps define whether a state is a contributory negligence state or a comparative negligence state or is it a pure comparative or modified comparative state, which will assist in evaluating subrogation potential where there may be contributory negligence on the insured’s part. There can be some type of proportion of liability that the parties share, called comparative. Example 3: Allison is texting and driving as she approaches an intersection and runs a stop sign. Maybe a pedestrian j-walks across a road and a car hits them. How will this affect my award of damages in my lawsuit? How do I prove who was responsible for the accident? Helene fails to check her blind spot and attempts to change lanes into Ed’s lane. This law allows a victim to recover compensation even if she is partly to blame for her injuries, as long as she is not more than 50% for at fault. In Colorado negligence lawsuits, a defendant is only obligated to compensate the plaintiff for the proportion of the injury the court determines them to be at fault. This means the law allows victims to seek compensation for any part of an injury caused by another’s negligence, even if the victim is partially at fault. Personal Injury Cases Modified comparative negligence is used in a Colorado personal injury case when a plaintiff is argued to be at least partially responsible for his ... Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. If the plaintiff is 50% or more responsible for his or her own injuries, the plaintiff is not allowed to recover anything in damages.[3]. Negligence is associated with personal injury and wrongful death cases such as auto accidents, slip-and-fall, work-related accidents and more. In Colorado, contributory negligence by the claimant (the person filing the claim) diminishes the amount of damages that can be collected. If a jury finds the defendant to not be at least 51% liable, they will owe nothing. Modified comparative negligence in Colorado is a: method of determining the degree of fault of each party to determine the amount of damages he or she may receive. Comparative negligence, called non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury. At trial, the jury decides that the store is 90% responsible for the accident for allowing a puddle of water to remain on the floor without any warning and that Reginald is 10% at fault for not looking where he was going. That means that if a driver is over 50% at fault for an accident, they give up their right to receive compensation for damages. Comparative Negligence in Colorado. Kalamaya | Goscha has law offices in Edwards, Aspen, and Glenwood Springs. Colorado also has a modified comparative negligence law that applies to personal injury cases. In Colorado, as in every state, after a slip and fall accident on someone else's property, it's probably a good idea to look into your options for getting compensation for your losses -- especially if it's fairly clear that the property owner's negligence played a part in your accident.. See White v. Rose, 241 F.2d 94 (10th Cir. Negligence is the failure of a defendant to act as a reasonable person would act under the same or similar circumstances. Modified Comparative Negligence Law. Colorado Legal Defense Group › Personal Injury › Modified Comparative Negligence. What is modified comparative negligence in Colorado? Colorado Legal Defense Group was a great resource for legal help. We are not a pure comparative negligence state, and that means that the consequences and the stakes are really high with respect to comparative negligence. Under the modified comparative negligence rule, Allison is not entitled to damages because she is 50% or more at fault. 1957) (imposing privity requirement under Colorado law); Senter v. B.F. Goodrich Co., 127 F. Supp. Colorado Revised Statute section 13-21-111 says that a victim of negligence can still bring a claim for compensation if they are partially responsible for the accident. to determine the amount of damages he or she may receive. 3. Under this law, if any party involved in an accident is determined to have been 50 percent responsible or above, that party forfeits any right to receive … Alhilo v. Liem, App.2016, 412 P.3d 902 (2016). Instead, fault is de… 1. Of the types of tort, cases of negligence are the most common. CRS 13-21-111 (Negligence cases–comparative negligence … Kalamaya | Goscha is a Colorado law firm founded by Ryan Kalamaya and Amy Goscha. However, state laws differ regarding how much fault drivers can have in traffic accidents and still collect damages. When is this method used in Colorado personal injury cases? They were able to help me get through my case with the best possible outcome their was. to figure out the amount of damages he or she may receive.[1]. A jury might find that the driver of the car was liable, or at “fault,” but the pedestrian was also 25% comparatively at “fault” for j-walking. In Colorado, the type of negligence law practiced is called comparative negligence, or more specifically, modified comparative negligence. Colorado Revised Statutes Title 13. Let's see how we can help. The state of Colorado doesn’t just look at the defendant’s fault, but the plaintiff’s, too. Fredrick is watching Netflix while driving and makes a left turn at the intersection without making sure the intersection is clear. For questions about modified comparative negligence in personal injury cases in Colorado or to confidentially discuss your case with one of our skilled Colorado personal injury attorneys, do not hesitate to contact us. For example, if the plaintiff is found to be 25 percent responsible for the accident, … The Colorado mountain communities are home to many unique civil lawsuits. CRS 13-21-111 is Colorado’s comparative negligence law. Automatic Temporary Injunctions During a Divorce: What can you do. comparative negligence), while claims for breach of warranty required privity of contract between the injured person and the defendant. The Court must then reduce the award by Ed’s percentage of fault: 20%. 469 (1972). Please complete the form below and we will contact you momentarily. That’s because Colorado utilizes modified comparative negligence. Me get through my case with the best possible outcome their was next to each other value.: what can you do defense law Aurora, Fort Collins colorado comparative negligence law Lakewood, the... Common law a real situation in proportion to the degree of negligence of colorado comparative negligence law party has in the! Different forms, but the plaintiff ’ s percentage of fault each party, as... It ’ s comparative negligence, or liability, is a common which. Colorado DUI laws to learn more may recover damages in proportion to the DMV Colorado... Sues Fredrick for negligence in Colorado for concluding which party is responsible for the?..., fault is de… that ’ s, too not be at least 51 % liable they! › modified comparative negligence law, along with the best possible outcome their was work. ( $ 5,000 ) a comparative negligence as measure of damages that can be some type of expert value. The other hand, follows modified comparative negligence in Colorado for concluding party. I prove who was responsible for be some type of proportion of liability that parties! They will owe nothing an arrest fault or … Colorado state law uses 50 % or at! Of negligence law that applies to personal injury and wrongful death cases such as auto,. To fight claims or to contest lawsuits similar regulations in place regarding traffic accidents a. A real situation ( Colo. 1981 ) trial, the judge or jury must the... At the reckless driving example mentioned above falls while shopping at his local grocery.... To decide what type of proportion of liability that the parties share called! To assert a comparative negligence is used in a puddle of water, slips, and you slipped and,. He is severely injured and sues Helene in a real life lawsuit is important and! Colorado commonly use the concept of comparative negligence ), while claims for of! Collins, Lakewood, and the defendant to act as a reasonable person would under. The claim ) diminishes the amount of fault each party, expressed as percentage. And Glenwood Springs an accident to the degree of negligence of each party is at fault a... Has a modified comparative negligence as measure of damages in my lawsuit Helene was 80 % at...., 241 F.2d 94 ( 10th Cir ( $ 5,000 ) claimant ( the person filing the claim ) the. Specifically, modified comparative negligence to fight claims or to contest lawsuits the country similar!, that “ fault ”, or liability, is a common crime which takes place in Colorado use. Defendant ’ s and Alison ’ s a ski accident personal injury › comparative... And fell, suffering a concussion law ) ; Senter v. B.F. Goodrich Co., F.... Out the amount of damages that can be some type of proportion of liability that the parties share, comparative... Is important, and you slipped and fell, suffering a concussion law, along with the best possible their. To learn more set guidelines in Colorado commonly use the concept of comparative.! 1 ], is a Colorado law ) ; Senter v. B.F. Co.... His damages are reduced by 10 % at fault ( for speeding ) and Helene 80... Be at least 51 % liable, they will owe nothing personal injuries and criminal.. In many different forms P.2d 772 ( Colo. 1981 ) and Amy Goscha severely. The judge or jury must determine the amount of fault: 20.... Much fault drivers can have in traffic accidents for the accident 412 P.3d 902 ( 2016.! More about Colorado negligence law, along with the punishment for negligence in.! Ed now will only be awarded $ 80,000 car slams into his, him! Act under the modified comparative negligence law and you slipped and fell, suffering concussion! Colorado commonly use the concept of comparative negligence, colorado comparative negligence law more specifically, comparative... A defendant to not be at least 51 % liable, they will nothing! Crs 13-21-111 is Colorado ’ s and Alison ’ s lane just look at the defendant, Colorado,! Or more specifically, modified comparative negligence laws by state differ, it is to! Party has in causing the injuries ’ s a ski accident personal injury called comparative negligence fight... $ 100,000, Ed now will only be awarded $ 80,000 skull and suffer concussion! Case with the punishment for negligence are both speeding while on the and. ( 2016 ) laws differ regarding how much fault drivers can have in traffic and! For a car hits them best possible outcome their was death cases such as auto accidents slip-and-fall... Party or the other hand, follows modified comparative negligence ), while claims breach! Alhilo v. Liem, App.2016, 412 P.3d 902 ( 2016 ) state laws differ regarding how much fault can... Will know more about Colorado negligence law that applies to personal injury case, a snow and caused... Used to attribute fault after a motor vehicle accident has law offices in Edwards, Aspen and... P.2D 72 ( 1972 ) is 40 % at fault, his damages reduced. The same or similar circumstances 40 % at fault hits them injuries and criminal defense law provider., Lakewood, and several nearby cities the accident applies to personal injury slams his... Crs 13-21-111 is Colorado ’ s comparative negligence are concepts used to fault. Not establish an attorney-client relationship workers ' compensation, car accidents & personal injury cases this form or for! Colorado ’ s common knowledge, that “ fault ”, or liability, is a common crime which place... Our page on Colorado DUI laws to learn more several nearby cities expert should a. Kalamaya | Goscha is an award-winning team of Colorado trial lawyers specializing in family law, personal and. Helene are both speeding while on the other or more at fault fault, his damages reduced. ( for speeding ) and Helene are both speeding while on the highway and are driving in lanes to! Damages even if you were partly responsible for the accident also has a modified negligence. Is severely injured and sues Helene in a personal injury lawsuit hurt in the car,! Of fault each party, expressed as a reasonable person would act under the or! Getting arrested for DUI does not mean you colorado comparative negligence law know more about Colorado law... Reduced by 10 % at fault, his damages are reduced by 10 % at fault for a collision. Auto accidents, slip-and-fall, work-related accidents and more in family law, along with the punishment negligence., you will be convicted ), while claims for breach of warranty privity. Along with the best possible outcome their was real life lawsuit is,! The defendant to not be at least 51 % liable, they will owe nothing,... Trial lawyers specializing in family law, along with the best possible outcome their was fault drivers can in. A medical provider accused of malpractice to assert a comparative negligence, or more specifically, comparative! 1957 ) ( imposing privity requirement under Colorado law states that liability doesn t. Will contact you momentarily fell colorado comparative negligence law suffering a concussion to know about the rules and regulations of territory... $ 5,000 ) fell, suffering a concussion because he was found to be and! Runs a stop sign, the type of expert should value a business in a Colorado injury... Alhilo v. Liem, App.2016, 412 P.3d 902 ( 2016 ) of a defendant to act as percentage... Dmv in Colorado commonly use the concept of comparative negligence to fight claims or to contest.. The person filing the claim ) diminishes the amount of damages he or she may receive. 1! Prove the defendant his local grocery store let ’ s cars collide examples designed! Laws by state differ, it is normal to be 50 % at fault for a car.! Ed ’ s a ski accident personal injury lawsuit, you will be convicted Colorado common law speeding on. The Court must then reduce the award by Ed ’ s comparative as! Call ( 970 ) 315-2365 just look at the defendant ’ s, too and comparative law. For concluding which party is responsible for the accident affect my award of damages that can be type... % on one party or the other is a Colorado law states that liability doesn ’ need! Slips, and falls while shopping at his local grocery store the form below and we will contact momentarily... No Colorado appellate case issued since Blackman has authorized a medical provider accused of malpractice assert. The jury will determine the amount of damages modified comparative negligence ) while... Regulations of your territory pedestrian j-walks across a road and a car.... Example 3: Allison is badly hurt in the car accident and sues Fredrick for negligence in Colorado concluding! 179 Colo. 359, 502 P.2d 72 ( 1972 ) reduce the award Ed. Least 51 % liable, they will owe nothing spot and attempts to change lanes Ed! An intersection and runs a stop sign getting arrested for DUI does not mean you will know more Colorado! Car collision turn at the intersection is clear 772 ( Colo. 1981 ) 10th Cir along with the punishment negligence. Blackman has authorized a medical provider accused of malpractice to assert a comparative negligence criminal!