Who’s at Fault? How Fault Is Determined in a Colorado Springs Car Accident

Quick Answer:

In Colorado Springs, fault in a car accident is determined through a combination of police reports, witness statements, photos and videos, and insurance investigations. Because Colorado is an at-fault state, proving liability is essential to recovering compensation for medical bills, lost wages, and pain and suffering. Bradford Pelton PC helps gather and present strong evidence to build a winning case.

Introduction

If you’ve recently been in a car crash in Colorado Springs, one of the first questions you may be asking is, “Who’s at fault?” That answer affects nearly every part of your recovery—from insurance coverage to whether you can file a personal injury claim.

At Bradford Pelton PC, we’ve represented injured people throughout Colorado Springs and El Paso County for more than 40 years. Our firm focuses exclusively on personal injury cases, including motor vehicle collisions. In this article, we’ll explain exactly how fault is determined in a Colorado car accident, how comparative negligence affects compensation, and what steps you can take to protect your rights.

Table of Contents

• Colorado Is an At-Fault State for Car Accidents
• How Fault Is Determined After a Crash
• Comparative Fault in Colorado
• Key Evidence Used to Prove Fault
• Steps to Take After a Colorado Springs Car Crash
• How an Attorney Can Strengthen Your Claim
• Why Choose Bradford Pelton PC
• Frequently Asked Questions
• Call-to-Action Block
• Author Box
• Disclaimer

Colorado Is an At-Fault State for Car Accidents

Colorado follows an at-fault insurance system, meaning the driver who caused the collision is financially responsible for resulting damages—either through their insurance carrier or personally.

This system directly impacts your ability to:

• Recover medical expenses
• Repair or replace vehicle damage
• Obtain lost wages
• Receive compensation for pain and suffering

Unlike “no-fault” states, injured Colorado drivers must prove another party’s negligence to recover compensation from that party’s insurer.

How Fault Is Determined After a Crash

Determining fault is a fact-intensive process involving evidence, legal standards, and sometimes expert analysis. Investigators look at every available piece of information to understand how the accident occurred.

1. Police Reports

Colorado Springs Police Department officers or Colorado State Patrol troopers typically respond to crashes involving injury or property damage. Their reports may include:

• Statements from all drivers and witnesses
• Citations (speeding, failure to yield, etc.)
• A diagram of the accident scene
• The officer’s preliminary opinion on fault

Tip: Always request a copy of your accident report. Insurance adjusters rely heavily on these documents.

2. Witness Testimony

Independent witnesses often provide the clearest perspective on what happened—especially at busy intersections such as Academy Boulevard and Austin Bluffs Parkway or along I-25.

3. Photo and Video Evidence

Dashcams, smartphones, and traffic cameras can show:

• Vehicle positions before and after impact
• Skid marks and debris patterns
• Traffic lights or signage
• Weather and visibility conditions

4. Insurance Investigations

Insurance companies conduct their own fault evaluations. Adjusters review reports, analyze vehicle damage, and may hire accident reconstruction experts. Their goal is to limit payouts, so having an attorney ensures your evidence is fairly presented.

Comparative Fault in Colorado

Colorado uses a modified comparative fault system:

• If you are less than 50% at fault, you can still recover damages.
• Your compensation is reduced by your percentage of fault.
• If you are 50% or more at fault, you cannot recover compensation.

Example:
If you’re found 25% at fault and awarded $100,000, your recovery becomes $75,000.

Bradford Pelton PC works to minimize your percentage of fault and challenge insurance company efforts to shift blame.

Key Evidence Used to Prove Fault

Strong claims rely on well-documented evidence, including:

• Official crash reports
• Medical records linking injuries to the collision
• Photos and videos
• Witness statements
• Expert analysis (reconstruction, biomechanical studies)

Combined, these help establish who was negligent and how that negligence caused your injuries.

Steps to Take After a Colorado Springs Car Crash

If you’re involved in a crash anywhere in El Paso County—whether on Powers Boulevard, Woodmen Road, or Highway 24—take the following steps:

1. Call 911 and report the collision.
2. Exchange information (names, insurance, license numbers).
3. Photograph the scene and vehicle damage.
4. Seek medical attention immediately.
5. Obtain the police report.
6. Contact a Colorado Springs personal injury lawyer before speaking to insurance adjusters.

Early legal guidance prevents mistakes and helps preserve critical evidence.

How an Attorney Can Strengthen Your Claim

An attorney provides key advantages:

• Investigation: Gathering and analyzing evidence.
• Negotiation: Handling all communication with insurers.
• Documentation: Presenting medical and financial records properly.
• Litigation: Filing a lawsuit and preparing for trial when necessary.

Bradford Pelton PC manages the legal legwork while you focus on healing.

Why Choose Bradford Pelton PC

With more than 40 years of service to Colorado Springs, Bradford Pelton PC offers:

• Personalized representation
• Deep local experience
• Skilled handling of motor vehicle collision cases

We represent clients in:

• Rear-end collisions
• Intersection crashes
• Drunk or distracted driving accidents
• Rollover and highway crashes
• Motorcycle, pedestrian, and bicycle injury cases

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• Bradford Pelton PC Homepage
• Car Accidents Practice Area
• Free Consultation

Frequently Asked Questions

How long do I have to file a car accident claim in Colorado?

Most car accident injury claims must be filed within three years of the crash. Deadlines vary, so contact an attorney promptly.

What if the other driver was uninsured?

You may seek compensation through UM/UIM coverage if available.

Can fault be shared between multiple drivers?

Yes. Colorado allows fault percentages to be assigned among several drivers.

Do I have to talk to the other driver’s insurance company?

No. It’s safer to let your attorney handle all communications.

What if the police report is wrong?

You can submit additional evidence or statements to dispute inaccuracies.

How much is my car accident case worth?

It depends on medical costs, lost wages, injury severity, and long-term impact.

Call-to-Action

If you’ve been injured in a car accident in Colorado Springs, don’t leave fault determination—or your financial future—to chance.
Contact Bradford Pelton PC for a free consultation today.
We’ll investigate your crash, determine who’s responsible, and fight to recover the compensation you deserve.

Author

Written by Alex Kerr, Attorney at Bradford Pelton PC, a Colorado Springs personal injury law firm serving the community for over 40 years.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Every case is unique, and results vary depending on specific facts and circumstances.