How does comparative negligence affect my school bus accident claim?
Comparative negligence is an important concept to understand when looking at school bus accident claims in Colorado. It is a type of negligence in which two or more parties are found to be partially responsible for an accident or injury. This concept is used by the courts to determine the amount of damages that should be allocated to each party. In the case of school bus accident claims, the courts will assess who had the duty of care to protect the passengers and determine the degree to which each party was at fault for the accident. The court will then compare the degree of fault to the damages suffered by each person in the accident. For instance, if the driver had a greater degree of fault than the passengers, then the driver would be held liable for paying a greater amount of damages than the passengers. In Colorado, the courts have adopted a modified comparative negligence system in which the plaintiff can recover damages if they are found to be less than 50% at fault. This means that if the driver is found to have been more than 50% at fault for the accident, then the passengers may be able to recover their damages from the driver. However, the damages that the passengers can recover are reduced in proportion to their percentage of fault. This means that if the passengers were found to be 20% at fault for the accident, then their damages will be reduced by 20%. Comparative negligence is an important consideration when filing a school bus accident claim in Colorado. Knowing the degree to which each party is at fault and the modified comparative negligence system can help ensure that the injured parties receive the maximum compensation for their injuries.
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