Legal Question in Civil Litigation in Colorado

Re: car accident

Colorado is a modified comparative negligence state with a 50 percent bar, meaning if the damaged party is 50 percent or more at fault, it cannot recover; if less than 50 percent at fault, recovery is reduced by the percentage the judge or jury finds the damaged party to be negligent.

So the answer is it's both your fault. Your burden is to prove yours is the lesser fault.