Colorado · Comparative Negligence

Colorado Comparative Negligence Rule

Colorado follows a modified 50% bar rule under Colo. Rev. Stat. § 13-21-111. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Colorado

Rule type: Modified 50% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Colorado

Modified comparative negligence with a 50% bar; the plaintiff is barred when fault is "as great as" the defendant’s. Recovery is allowed only when the plaintiff is 49% or less at fault.

Related: Colorado statute of limitations

Colorado gives you 2 years to file a personal injury lawsuit under Colo. Rev. Stat. § 13-80-102.

See the full Colorado statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Colorado attorney before relying on it.

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Colorado Comparative Negligence FAQ

What comparative negligence rule does Colorado follow?

Colorado follows a modified 50% bar rule under Colo. Rev. Stat. § 13-21-111. Claimant barred when fault reaches 50% or more. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Colorado?

Yes, up to a point. In Colorado you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Colorado?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Colorado bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Colorado?

Colorado gives you 2 years to file a personal injury lawsuit under Colo. Rev. Stat. § 13-80-102.

Where can I read the actual rule?

The controlling authority is Colo. Rev. Stat. § 13-21-111. The full text is available at https://law.justia.com/codes/colorado/title-13/damages-and-limitations-on-actions/article-21/part-1/section-13-21-111/.

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