Can You Still File a Claim If You Were Partially at Fault for a Car Crash?

Car accidents are rarely black and white. In many cases, both drivers share some degree of responsibility. If you were partially at fault for a crash in Colorado, you may be wondering, can I still recover compensation for my injuries and damages? The answer is yes—Colorado law allows you to file a claim even if you were partially at fault, as long as your share of the blame is not greater than the other party’s. But how much you can recover will depend on how fault is divided. 

At Pribila and Fields in Colorado Springs, we help injured drivers navigate complex liability situations. Here’s what you need to know about Colorado’s comparative fault laws and how they affect your right to compensation.

What Is Comparative Negligence?

Colorado follows a legal principle known as modified comparative negligence. This means that if multiple parties are responsible for an accident, each person’s level of fault is taken into account. Under this rule:

• You can recover compensation if you are less than 50% at fault for the crash
• Your total compensation is reduced by your percentage of fault
• If you are 50% or more at fault, you cannot recover damages

This system is designed to be fair in cases where more than one party contributed to the accident. But it also means that insurance companies have a strong incentive to shift more blame onto you to reduce or eliminate what they have to pay.

Example: How Fault Affects Your Settlement

Let’s say you were involved in a collision where:

• You were speeding slightly
• The other driver ran a stop sign

You file a personal injury claim and the court (or insurance adjusters) determine:

• You were 20% at fault
• The other driver was 80% at fault

If your total damages—medical bills, lost wages, and pain and suffering—add up to $100,000, you would be eligible to recover 80% of that amount: $100,000 - 20% = $80,000 If, on the other hand, you were found to be 55% at fault, you would be barred from recovering any damages under Colorado law.

How Is Fault Determined After a Car Accident?

Determining fault isn’t always simple—and it’s not always fair. Insurance companies and attorneys will examine:

• Police reports
• Witness statements
• Crash scene evidence and photos
• Traffic camera footage (if available)
• Expert accident reconstruction analysis

It’s important to note that insurance companies do not always act in good faith. They may try to assign you more blame than you deserve to lower their payout. That’s why having a skilled car accident attorney is critical, especially when fault is disputed.

Our Colorado Springs car accident attorneys know how to challenge unfair fault assessments and fight for the compensation you're entitled to.

Common Scenarios Where Fault May Be Shared

Here are a few real-life examples of accidents where both drivers might share some responsibility:

1. Rear-End Collisions

The driver who rear-ends another vehicle is usually considered at fault. However, if the front driver:

• Braked suddenly without reason
• Had malfunctioning brake lights
• Was stopped in a travel lane unexpectedly

They may bear a portion of the blame.

2. Left-Turn Accidents

Drivers turning left are expected to yield to oncoming traffic. But if the oncoming vehicle was:

• Speeding
• Running a red light
• Driving without headlights at night

Fault may be split.

3. Multi-Vehicle Pileups

In chain-reaction crashes, determining fault becomes even more complicated. Several drivers may have contributed to the outcome by following too closely, failing to brake, or being distracted.

What If You’re Not Sure Who Was at Fault?

It’s common to feel unsure about fault right after a crash—especially if it happened quickly or involved multiple vehicles. You should never admit fault at the scene, even if you suspect you may have contributed. Instead:

• Call the police and file an accident report
• Document the scene with photos and videos
• Get witness contact information
• Seek medical attention and follow all instructions

Then, contact a car accident attorney who can help investigate and protect your interests. Insurance companies will often make snap judgments about fault—don't let them define the outcome of your case.

How an Attorney Can Help When Fault Is Disputed

If you’ve been told you were partially at fault—or if the insurance company denies your claim because of it—you still have options. At Pribila and Fields, we help injured drivers in Colorado Springs by:

• Gathering evidence to challenge inflated fault percentages
• Working with accident reconstruction experts
• Negotiating with insurers for fair settlements
• Filing lawsuits when necessary to recover full damages

Even if you were partly responsible, that doesn’t mean you should walk away with nothing. Colorado’s modified comparative fault system is designed to account for these situations—and so are we.

Don’t Let Partial Fault Stop You from Seeking Compensation

Being partially at fault for a car crash doesn’t automatically disqualify you from recovering damages. As long as you're less than 50% responsible, you may still have a strong case. At Pribila and Fields, our team has extensive experience helping injured drivers across Colorado Springs get the medical care and financial recovery they need—even when fault is shared.

If you were hurt in a crash and aren’t sure what your rights are, contact us today. We’ll review your case for free, explain your legal options, and help you fight for the compensation you deserve.