Colorado Tort Law Update
Published date | 10 January 2022 |
Law Firm | Lewis Brisbois Bisgaard & Smith LLP |
Author | Amy Johnson, Johnnie Nguyen and Katherine Vaughn |
Denver, Colo. (January 6, 2022) - Colorado is an at-fault, modified comparative negligence state, so a plaintiff can recover only if his or her negligence is less than 50% when compared against the negligence of all other tortfeasor. Colorado's comparative negligence act, codified at C.R.S ' 13-21-111, mandates a comparison of the relative degree of negligence of the plaintiff, the defendants, and any responsible non-parties. Colorado law permits defendants to designate a nonparty to be at fault for the accident pursuant to C.R.S. ' 13-21-111.5. Any negligence attributed to the nonparty driver reduces the damages awarded to the plaintiff in proportion with the negligence percentage assigned.
Colorado also has a rebuttable presumption of negligence on the driver of a vehicle that rear-ends another vehicle. Although defendants can rebut this presumption by arguing that they were not negligent on the day of the...
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