How is fault determined in a Denver car accident?

What does “fault” mean after a car accident?

Fault means legal responsibility for the harm a crash caused. It matters because Colorado is an at-fault state: Colorado is an at-fault state. The driver who caused the crash, through their insurer, is responsible for the other people’s injuries and losses. Fault decides whose insurance pays for injuries and damage.

How do traffic laws help decide fault?

Each driver’s actions are measured against Colorado traffic law. Running a red light, speeding or failing to yield can point to who was careless. Following too closely is another example: Drivers must not follow another vehicle more closely than is reasonable and safe for the speed, traffic and road. Breaking a traffic law is not the end of the story, but it is strong evidence that a driver was not careful.

What evidence is used to decide fault?

A mix of sources, put together.

• Police reports. Officers write down what they see and what drivers and witnesses say, and often note who they think broke the law. It is useful but not final.
• Witness statements. People who saw the crash can back up or contradict a driver.
• Photos and video. Phone pictures, dashcams, traffic cameras and nearby security video can show vehicle positions, signals and road conditions.
• Vehicle damage. Where the cars were hit and how hard can show how the crash happened.
• Accident reconstruction. In complex cases, a reconstruction professional may study the scene and the vehicles to explain the order of events.

Evidence disappears fast. Video gets overwritten, cars are repaired and memories fade, so act quickly.

Who makes the final decision on fault?

First the insurers, and a court if the case is filed. Adjusters review the evidence and assign fault to start. If the sides disagree and the claim becomes a lawsuit, a judge or jury can decide. Most claims settle before that, but the evidence you gather early shapes every step.

What if you were partly at fault?

You can still recover if you were less than 50% at fault. Colorado reduces your award by your percentage of fault. At 50% or more, you recover nothing (C.R.S. § 13-21-111). That is why insurers push to place more blame on you, and why a fair account of the crash is worth fighting for.

What should you do at the scene to protect your claim?

Stay safe, get medical help and collect facts.

1. Call 911 if anyone may be hurt.
2. Take photos of the cars, the road, signs and signals.
3. Get names and contact details of other drivers and witnesses.
4. Do not argue about blame or guess at what happened.
5. Ask for the police report number.

How can a lawyer help with a fault dispute?

By gathering and weighing the evidence for you. We can collect records, find video, talk with witnesses, deal with the insurer and, if needed, take the claim to court. Talk to us for a free case review if the other side is blaming you.