Getting hit while your car is parked can already feel frustrating, and finding out you were parked in the wrong spot can make it more stressful. It’s easy to assume that means you’re automatically at fault, but Colorado law does not work that way. Responsibility depends on what actually caused the crash. Here’s what you need to know.
Illegal parking alone does not make you responsible for the crash. The fact that your car was in the wrong place does not automatically mean you caused what happened. What matters is how the accident actually occurred or what really caused the crash.
Your parking only matters if it contributed to the accident. If your car blocked a lane, limited visibility or created a hazard a driver could not reasonably avoid, it can count against you. If your parking did not affect what happened, the moving driver may still carry most or all of the responsibility.
Colorado follows a modified comparative negligence rule, which means fault is divided based on each person’s role in the crash. You can recover damages if you are less than 50 percent at fault, but your recovery is reduced by your share.
For example, if your parking played a minor role and you are found 25 percent responsible, your total compensation is reduced by that amount. If your share reaches 50 percent or more, you cannot recover damages.
It’s easy to blame yourself when you know you were parked illegally, but that does not tell the whole story. What matters is how the crash actually happened and who contributed to it. A car accident lawyer can help you take a closer look at the details so you can have a clearer sense of where you stand and what comes next. You don’t have to figure this out on your own.
