Last year in Colorado, there was a 56% increase in traffic fatalities. Of these fatalities, 36% were pedestrians. These are harrowing and unthinkable tragedies. Imagine simply crossing the street, on your way to an appointment, a job, or event and suddenly, finding yourself involved in a car accident, injured by a vehicle whose driver wasn’t paying close enough attention.
Unfortunately, this scenario is all too common, and pedestrians often bear the brunt of negligence or recklessness behind the wheel. Whether it’s drivers texting while driving, ignoring traffic signs, or other forms of negligence, pedestrians have rights and protections under Colorado law. It's important to understand your rights, what you should and should not do, and discover how pedestrian car accident injuries and cases are handled.
Colorado Laws Pertaining to Pedestrians and Car Accidents
In Colorado, both pedestrians and drivers have specific responsibilities to ensure road safety. Colorado Revised Statutes (CRS) sections 42-4-802 to 42-4-806 outline various laws governing pedestrians' rights and duties. These laws aim to protect pedestrians and hold drivers accountable for negligent actions.
Crosswalk Rights
Pedestrians have the right-of-way in crosswalks, whether they are marked or unmarked. Vehicles must yield to pedestrians crossing within these designated areas. However, pedestrians are also required to exercise caution and not suddenly leave the curb or enter the path of a vehicle so close that it becomes an immediate hazard.
Sidewalk Usage
Pedestrians should use sidewalks when they are available. If there is no sidewalk, they must walk on the left side of the road, facing oncoming traffic.
Right-of-Way at Intersections
At intersections without traffic signals or signs, vehicles must yield the right-of-way to pedestrians crossing the roadway within a marked or unmarked crosswalk. Pedestrians, however, must yield the right-of-way to vehicles when crossing at other points on the roadway.
Jaywalking
Jaywalking, or crossing the street at a point other than within a marked or unmarked crosswalk, is prohibited. Drivers, however, are still expected to exercise due care and caution and take appropriate, reasonable actions to avoid collisions with jaywalking pedestrians.
What Should a Pedestrian Do After Being Hit?
Despite the laws protecting pedestrians, accidents still happen. It can only take a few seconds. Perhaps a driver looks down at their phone to answer a call. Perhaps a passenger momentarily distracts the driver and takes their eyes away from the road. Maybe a car runs a stop sign or a driver fails to look both ways before making a turn. If you find yourself involved in a car accident as a pedestrian, here's what you should do:
Seek Medical Attention
Your health and safety are always top priorities. Even if you think your injuries are minor, it's crucial to seek medical attention immediately. Some injuries may not be apparent right away but could easily worsen if left untreated.
Report the Accident
Call the police and report the accident. They will create an official report detailing the incident, which is valuable for insurance claims and potential legal actions.
Collect Information
Obtain the driver's contact information, insurance details, and vehicle registration. Additionally, gather contact information from anyone who witnessed the accident.
Document the Scene
Take pictures of the accident scene, including the positions of the vehicles involved, traffic signs, and any visible injuries you sustained.
Refrain From Making Statements
Avoid discussing fault or responsibility at the accident scene with anyone. A person could potentially use such statements against you down the road.
Notify Your Insurance Company
Inform your insurance company about the accident as soon as possible. However, it is wise to refrain from discussing specifics of the incident until you've consulted with a personal injury lawyer.
Insurance companies do not always have your best interests at heart, so it’s better to seek the advice of a qualified attorney in order to protect yourself and ensure just compensation.
How Personal Injury Lawyers Can Support Pedestrian Accident Cases
Pedestrian car accidents can result in severe injuries, emotional trauma, and financial burdens for victims. If you've been involved in a car-pedestrian accident due to a driver's negligence, it's essential to understand your rights and options. Consulting with an experienced personal injury lawyer can be immensely beneficial in these cases.
Investigating the Accident
A skilled personal injury lawyer will conduct a thorough investigation into the accident, gathering evidence such as witness testimonies, surveillance footage, and expert analysis if necessary.
Determining Liability
Colorado follows a comparative negligence system, which means both the pedestrian and the driver can share responsibility for the accident. A lawyer experienced in pedestrian car accident injuries will help determine the degree of fault and how it may affect your compensation.
Dealing with Insurance Companies
Insurance companies may try to get you to settle for less than you deserve. This is why engaging a personal injury lawyer is so valuable. Your attorney will handle all communication with insurance companies and ensure that your rights are protected and that you receive fair compensation.
Calculating Damages From Pedestrian Car Accidents
A personal injury lawyer can apply their expertise in assessing the full extent of your damages, including medical expenses, funeral expenses, lost wages, pain and suffering, and any long-term effects of the accident, such as permanent disability.
Negotiating and Litigating Your Case
An experienced attorney will negotiate with the at-fault party's insurance company to reach a fair settlement. However, if a satisfactory settlement cannot be reached, they will be prepared to litigate the case in court.
Legal Help for Pedestrian Car Accident Injuries in Colorado and Utah
Being involved in a car-pedestrian accident can be life-altering, but understanding Colorado's laws and seeking legal representation can make a significant difference.
Veritas is uniquely situated to defend clients who are victims of pedestrian car accident injuries. This is because we not only have 60 combined years of personal injury experience, but because we have extensive insider knowledge of the insurance industry. We know how they work. We understand their objectives. And we know how to fight for you.
We’ve won millions of dollars for our clients throughout our history, and we also make sure that you experience a fair and sympathetic process as we navigate your case together. We offer availability after normal working hours and on the weekend, and we offer no recovery/no fee representation.
So, if you find yourself the victim of a pedestrian car accident, remember to prioritize your health, seek legal guidance, and protect your rights as you pursue the compensation you deserve.
Veritas has several offices throughout Western Colorado and Eastern Utah, and we are available to speak to by phone or online. Connect with one of our personal injury attorneys today.