Determining fault in a swerve accident

| May 11, 2021 | auto accidents |

The law of vehicular control that governs auto accident causation in Colorado does not make allowances for obstacles or animals in the path of vehicles as they roll down the highway. All motorists are required to stay in their own lane at all times when driving, and accidents where they are out of their proper lane will typically result in a fault determination when a case is settled for financial damages.

All drivers in car accidents are assessed for comparative fault when a case is adjudicated, if not beforehand by the respondent insurance companies. Colorado’s modified comparative negligence law can further complicate the problem.

Colorado modified comparative rule

Some states allow anyone injured in an accident to recover some financial damages unless they are totally at fault for the mishap. All attorneys who represent victims of car accidents understand that total fault is always problematic for injured drivers. Many other states use some form of modified comparative fault law, with Colorado using the version that compares individual fault against the total fault of other drivers. Injured driver comparative fault percentage assignment must be less than the total of all other percentages.

Shared fault can still matter

When drivers swerve in the roadway and cause a collision in the opposing or parallel lane, they are usually found totally at fault unless another motorist was in violation of the law in some respect, such as driving under the influence or speeding. Luckily for some drivers who do avoid hitting a highway obstacle just to then strike a vehicle, shared fault among all drivers can still result in the injured swerving driver being compensated to some percentage of total damages when sufficient insurance protection is available.

The truth about swerve accident cases is that they can still be complicated, and insurance companies are always looking for technicalities that allow them to reduce claim values. Due to the potentially complicated nature of the state’s comparative negligence law, it is important for all Colorado residents who are injured in an accident to retain an aggressive accident attorney to represent their best interests when claims are evaluated.