If you’ve been involved in a truck accident in Colorado, understanding how compensation works can be one of the most critical steps in your recovery process. Colorado's comparative negligence law is a key factor in determining how much compensation you may receive. This law plays a central role in deciding how fault is allocated and how it can impact what victims are entitled to receive.
What Is Comparative Negligence?
Comparative negligence is a legal concept used to divvy fault among all parties involved in an accident. Essentially, it acknowledges that more than one person sometimes contributes to an accident. For instance, if a truck driver runs a red light and hits another car, but the other driver is speeding, both parties might share some of the blame. Comparative negligence helps determine how much each person’s actions contributed to the crash.
States handle comparative negligence differently. Colorado uses what’s called modified comparative negligence, which we’ll explain below.
How Colorado’s Comparative Negligence Law Works
Under Colorado’s modified comparative negligence law, you can recover damages for a truck accident as long as you are less than 50% at fault. However, there’s a catch. Your percentage of fault will reduce your compensation.
Here’s how it works in practice:
- Imagine your total damages (e.g., medical bills, lost wages, pain and suffering) are valued at $100,000.
- If it’s determined that you were 10% at fault because, for example, you were distracted while driving, your compensation would be reduced by 10%. You would recover $90,000 instead of the full $100,000.
- However, if you are found to be 50% or more at fault, you cannot recover any compensation.
This system creates a balance by allowing victims to seek compensation even if they share some blame, but it also places the responsibility on victims to avoid being mostly at fault.
Practical Advice for Victims to Maximize Their Compensation
If you’ve been the victim of a truck accident, the steps you take immediately after the crash and throughout your case can influence how much compensation you ultimately receive. Here are some practical tips to help you maximize your recovery:
1. Gather Evidence at the Scene
Evidence is critical in proving fault. Take photos of the vehicles, road conditions, skid marks, and any visible injuries. Collect information from witnesses, such as names and contact details. This information can be used to counter claims that you were partially responsible.
2. Report the Accident
Always contact the police after a truck accident. A detailed police report can provide an unbiased account of the crash and assign initial fault, which may help your case later.
3. Avoid Admitting Fault
It’s natural to want to apologize or say something like, “I didn’t see you,” after an accident. However, even a casual statement could be used against you as an admission of fault. Stick to the facts when speaking to the police, witnesses, and insurance adjusters.
4. Seek Medical Attention
Even if you feel fine, some injuries may not show symptoms immediately. Seeing a doctor right away protects your health and provides documentation for your claim. Delayed treatment could be used as evidence to argue that your injuries weren’t caused by the accident.
5. Consult an Experienced Attorney
Truck accidents are often more complex than standard car accidents, especially when multiple parties are involved, such as commercial trucking companies or insurers. A personal injury attorney who understands Colorado’s comparative negligence laws can help gather evidence, negotiate with insurers, and present a strong case on your behalf.
6. Document Everything
Keep track of all expenses related to the accident, including medical bills, repair costs, and lost wages. This documentation will help demonstrate the extent of your damages and ensure you don’t miss out on any compensation you’re entitled to.
What Happens if Fault Is Disputed?
Truck accidents can quickly become a blame game, with drivers, trucking companies, and insurers trying to shift fault away from themselves. Having strong evidence and legal representation becomes even more important when a fault is disputed. An attorney can investigate the crash, consult with experts, and fight back against unfair claims that you share significant blame.
Boulder Truck Accident Lawyers
At Tenge Law Firm LLC, we understand how devastating a truck accident can be for you and your family. We are committed to fighting for the maximum compensation you deserve. Our team has extensive experience handling complex truck accident cases and knows what it takes to hold all responsible parties accountable. Contact us today at (303) 219-7377 to get started.
