When another motorist collides with you, they may blame you in part for the accident. If they hit you, you may wonder how you could share responsibility. Yet, it’s possible, depending on the factors that led to the crash. Regardless, it’s helpful to know what determines fault in car accidents, in case you’re in one.
Colorado is an at-fault state
Since 2003, Colorado has followed an at-fault filing system for car accidents. This provision allows you to pursue damages through the insurance of the responsible driver. Yet, you have two other options for making a claim. One is through your own insurance coverage, which will compensate you up to your policy’s limits. The other is by pursuing a civil suit against the at-fault driver. You might exercise this option if the accident leads to pain and suffering on your part, or if your insurance settlement is inadequate.
The factors of fault
Some auto accidents meet the criteria for no-doubt liability, meaning one driver was clearly at fault. For instance, another motorist may have backed into you. Or, an impaired driver might have hit you. In both cases, the other driver bears responsibility for your damages. Yet, many accidents stem from the negligence of two or more motorists. If you’re found at partial fault for an accident, your compensation will decrease by your percentage of responsibility. After a law enforcement official assesses the scene and damages, they will determine this percentage. Bystander accounts may also factor into it, too.
Car accidents may appear the result of one driver’s actions or negligence. Yet, reality is more nuanced, and two or more motorists often hold responsibility. If you’re found partially at-fault in a collision, working with a personal injury lawyer can help you receive proper recourse.