If another driver is at fault for a motor vehicle accident that injures you in Colorado, then that driver’s auto insurance company may be required to pay compensation to you, including covering your medical expenses and any property damage that you sustain. Driving while distracted or impaired by alcohol or engaging in other forms of careless and reckless driving, such as speeding, tailgating, or running through red lights, are all examples of fault in a car crash.
Under Colorado law, drivers must carry minimum bodily injury liability coverage of $25,000 per person and $50,000 per accident (if two or more people suffer injuries). They must also carry a minimum of $15,000 in property damage liability coverage. It is important to understand how this insurance coverage works and how it is paid out following a motor vehicle accident.
Colorado Is an ‘At-Fault’ State
Colorado is among the states that have a traditional tort-based system for motor vehicle accidents. This is also known as an “at-fault” system. In 2003, Colorado switched from the “no fault” car insurance system to help citizens avoid the associated high insurance premiums. Under the at-fault system, both the insurance policy of the at-fault driver and the driver themselves are responsible for paying the expenses arising from the accident.
Under Colorado’s prior “no-fault” car insurance system, a person injured in a car accident had to first seek compensation from his or her own insurer after a crash. Even though the person did not need to establish that anyone was at fault in order to receive personal injury protection benefits, those benefits were limited. The only time the person could look to the at-fault driver and his or her insurance company for compensation is when the person’s harm exceeded a certain threshold.
Under the state’s tort-based system of liability for motor vehicle accidents, a driver who is injured in a crash will look to the insurance policy of the other driver. This means that an injured driver has two basic avenues available to pursue compensation:
- File a claim with their own insurance company. If their insurance company covers the loss, the company will likely pursue a subrogation claim against the at-fault driver’s insurance company.
- File a claim with the at-fault driver’s insurance company. Without filing a lawsuit, a person can simply file a claim with the at-fault driver’s insurer. If the insurer refuses to pay the claim, the person can file a lawsuit.
Do Colorado Motorists Have Access to Other Coverages?
Yes. Colorado requires insurance companies to offer drivers up to $5,000 in medical payment, or “med pay” coverage, for an additional premium. Drivers may opt out of this coverage. However, if they take no action, the coverage is automatically added to their policy. An injured driver can use this coverage to pay basic medical expenses from a motor vehicle accident, regardless of who was at fault.
You may also buy optional collision coverage. This coverage will pay to repair any damage to your vehicle. Typically, this coverage is mandatory if you lease or finance your vehicle.
What If the At-Fault Driver Does Not Have Auto Insurance?
If the other driver does not have auto insurance, or if the driver’s insurance does not cover all of your expenses, you may be able to make a claim through your own uninsured/underinsured motorist (UM/UIM) coverage. In Colorado, an insurance company must offer drivers UM/UIM in the same amount as the bodily injury liability limits that they select. Unless you have waived this coverage in writing, you should have UM/UIM coverage available to you.
What Is ‘No-Doubt’ Liability?
In certain types of motor vehicle accidents, one of the drivers is almost always at fault for the accident. These are sometimes called “no-doubt liability” accidents. When they occur, insurance companies and lawyers rarely dispute liability for the accident. Two common no-doubt liability scenarios are:
Rear-end collisions
If you are hit from behind, it is almost always the fault of the rear driver. This is because one of the primary rules of the road requires drivers to leave enough space between themselves and the vehicle in front of them in order to safely stop. So, if you are rear-ended, it is most likely because the other driver failed to leave sufficient distance to safely stop or did not brake in time to stop. However, this presumption is rebuttable if the lead driver “brake checks”. Because brake checking is an illegal act of road rage, Colorado’s comparative fault system can assign partial or total liability to the lead driver.
Left-turn accidents
A vehicle making a left turn is almost always at fault for a collision with a vehicle traveling straight in the other direction. However, there are a few exceptions in this type of accident, as well. For instance, the driver making the left turn may not be at fault if the other car was speeding, ran through a red light, or failed to come to a complete halt at a stop sign.
Colorado’s Modified Comparative Fault System
If both parties are at fault for an accident, Colorado’s modified comparative fault rule (C.R.S. § 13-21-111) comes into play. In this system, each party has their respective fault assigned as a percentage. For example, if two drivers are involved in a motor vehicle accident, one party may be determined to have been 30 percent responsible, while the other driver was 70 percent responsible. Each party’s financial recovery from an accident will be reduced based on the percentage of fault assigned to them.
In Colorado, a party may not recover damages if his or her fault is greater than the other party’s fault. So, in the above example, if the 30 percent responsible driver files suit and receives a verdict of $100,000 in damages, that verdict will be reduced by 30 percent, or $30,000, representing that driver’s share of fault. The driver who was 70 percent at fault could not recover anything.
How Is Fault Determined in a Colorado Car Crash?
In Colorado, fault is determined by insurance adjusters, courts, and law enforcement officials based on a number of factors. Investigators evaluate several key pieces of evidence to assign liability, including:
Police Reports
Responding officers evaluate the scene and draft a crash report that documents the sequence of events and issue traffic citations for violations like speeding and failure to yield.
Physical Evidence
The position of the vehicles, debris fields, and skid marks helps forensic experts analyze and recreate the crash to determine factors like the speed and trajectory of the vehicles. This data is used to confirm who was liable for the collision.
Witness Statements
Eyewitnesses can provide an objective third-party account of a car crash to establish fault, clarify uncertainties in the sequence of events, and verify whether environmental factors, like weather and road conditions, contributed to the accident.
Digital Media
Denver has over 250 traffic and surveillance cameras monitoring major highways and city intersections, in addition to dashcams and black box data from vehicles. This footage is frequently used to confirm how the crash happened and which driver caused it.
What Are the Primary Contributing Factors of Fault in Colorado?
As we discussed, fault in Colorado car accidents is determined by negligence and established through evidence before you file an insurance claim to recover your damages. The primary contributing factors assessed to assign fault include:
Distracted Driving
Even with Colorado’s strict hands-free law, distracted driving is highly prevalent in Denver. A DOT driver behavior report showed that 77 percent of local motorists use their phones while behind the wheel. Operating a vehicle while using a cell phone, eating, or engaging in other activities that divert attention from the road contributes to a significant portion of crashes statewide each year.
Speeding
Traveling over the posted speed limit or driving too fast for current weather and road conditions is another major safety concern in Denver, particularly on highways like I-25 and I-70, as well as Federal Boulevard.
Failure to Yield
Not granting the right-of-way to other vehicles or pedestrians, which is highly common at intersections, roundabouts, and when merging. In fact, it is frequently cited as a top cause of both multi-car intersection and roundabout vehicle collisions and pedestrian accidents in the city.
Driving Under the Influence (DUI)
Colorado State Patrol and Denver Police regularly make thousands of DUI arrests annually. Operating a vehicle under the influence of alcohol or drugs is a severe violation of state law and accounts for up to a third of all statewide traffic deaths, particularly in El Paso, Weld, Denver, and Adams counties.
Traffic Violations
Traffic violations that lead to at-fault accidents are very common in Denver. According to the National Highway Traffic Safety Administration (NHTSA), driver-related errors, like running red lights, improper lane changes, or disregarding traffic signs, are responsible for 94 percent of all local collisions.
Get Help from Our Experienced Colorado Auto Accident Attorneys
If you or a loved one was injured in a motor vehicle accident in Colorado, having an experienced motor vehicle accident attorney on your side will dramatically improve your chances of recovering maximum compensation for your injuries. At The Wilhite Law Firm, we are ready to help you navigate the process of seeking compensation for the injuries and damages you have suffered in a motor vehicle accident. We will thoroughly investigate your crash, help determine fault and work with you to file a claim with the at-fault driver’s insurance company. Contact us today to learn more in a free consultation.
