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How do you recover compensation when you’re partly at fault?

Shawn E. McDermott

If you are injured in a car accident but are partially responsible for the crash, you may wonder what can happen. There is a rule in the state of Colorado known as the modified comparative negligence 50% rule.

What is the modified comparative negligence 50% rule?

With this rule, the 50% number is key. If you suffer a personal injury in a road accident that you are determined to be partially responsible for, either your compensation is reduced or you can’t claim it at all. If you are found to be 50% or more at fault for the accident, you will not be able to recover compensation for your injuries. If you are found to be under 50% responsible for the accident, you can recover damages minus the percentage you are found to be at fault.

For example, if you were traveling 10 miles over the speed limit and got into an accident with a driver who ran a stop sign, you might be found to be 20% at fault. If you were suing for $10,000, you would recover 20% less, which amounts to $8,000.

Types of accidents that apply to modified comparative negligence 50% rule

Car accidents are usually the first types of accidents that come to mind when thinking about the modified comparative negligence 50% rule. However, they also apply to other types of accidents that lead to personal injury. They include:

  • Defective product cases or product liability
  • Dog bites and attacks
  • Slip-and-fall cases

Who should you turn to for legal assistance?

An attorney may be able to offer essential help if you have suffered a personal injury in an accident. If you are found to be under 50% responsible for the accident that rendered you injured, you should be able to recover compensation. Your attorney may provide you with important legal advice and work to protect your rights.

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