Colorado attorney warns accident victims about comparative negligence traps

Grand Junction personal injury attorney Chadwick McGrady says Colorado’s fault-sharing rules can sharply reduce or even eliminate injury payouts when insurers shift blame onto victims. He is urging injured people to get legal help before giving statements that could be used against them.

Why it matters: - Colorado’s comparative negligence law can cut an injury recovery by the same percentage of fault assigned to the victim. - If a claimant is found 50% or more at fault, Colorado law bars any recovery. - McGrady says insurers can use that framework to reduce or deny claims that victims believe are straightforward.

What happened: - Grand Junction personal injury attorney Chadwick McGrady warned Colorado accident victims about how comparative negligence can affect claim value. - McGrady said insurance companies try to assign fault to the injured person to lower what they have to pay. - He said victims should understand the rule before speaking directly with an insurance company.

The details: - Colorado follows a comparative fault system for injury claims. - Any share of blame assigned to an injured person reduces financial recovery by that percentage. - A finding of 50% or more fault eliminates recovery entirely. - McGrady said a claimant’s early statements to insurers can matter for months after a crash. - He said a single offhand comment can be used later to argue the victim shares blame. - McGrady said he spends significant time investigating each case and documenting the client’s account before insurers can shape the narrative. - He said that early work can affect whether a settlement is fair, reduced, or denied. - McGrady said consultations are free. - McGrady’s firm works on contingency, so clients do not pay attorney fees unless compensation is recovered.

Between the lines: - The warning is less about the legal rule itself and more about leverage during claim negotiations. - Early statements, recorded details, and fault allocation can become deciding factors long before a case reaches court. - The practical message is that an “open and shut” accident may not stay that way once insurers begin pressing for blame.

What’s next: - McGrady is encouraging injured Coloradans to speak with counsel before answering insurer questions. - His office says it takes over communications with insurance companies after a client retains the firm. - Victims who wait may give insurers more material to argue for reduced fault and lower payouts.

The bottom line: - In Colorado injury claims, fault percentages can be as important as the accident itself, and early decisions can determine whether a victim is paid at all.