The 50% Bar Rule
Under C.R.S. § 13-21-111, Colorado follows a modified comparative fault system. This means:
- If you are 0-49% at fault, you can recover damages, reduced by your fault percentage.
- If you are 50% or more at fault, you recover nothing.
How Fault Is Determined
Fault is determined by the jury (or insurance adjusters in settlement negotiations) based on evidence including police reports, witness statements, expert testimony, surveillance footage, and physical evidence. Both parties present their version of events.
Example Calculation
If your total damages are $100,000 and you are found 20% at fault:
- Your recovery is reduced by 20%: $100,000 - $20,000 = $80,000
If you are found 50% at fault: you recover $0.
Impact on Your Case Strategy
Because Colorado uses the 50% bar, the other side will try to maximize your fault percentage. Insurance adjusters routinely argue shared fault to reduce settlements. Having strong evidence of the other party's negligence is critical to your case.