What if the driver is saying the accident is my fault?
Even if you are partially at fault for your accident, you may still be entitled to recover compensation. Colorado follows a comparative negligence rule. That rule states that an injured party is not barred from recovering compensation so long as their share of fault is not greater than the combined fault of all other responsible parties.
In other words, you may be able to receive compensation as long as you are not more than 50 percent responsible for your bicycle accident. However, if you are found to be partially responsible for your accident and injuries, your compensation will be reduced by a percentage representing your share of fault.