Experienced Pedestrian Accident Lawyer

Serving Denver & the Greater Colorado Area for Three Decades

Colorado Pedestrian Accident Lawyer

Pedestrian accidents have become a national problem due to lack of awareness on both the parts of pedestrians and drivers. In Colorado alone, over 600 pedestrians have lost their lives in the past 10 years. Survivors of pedestrian accidents face devastating personal injuries, not to mention loss of income. Many of these accidents are avoidable if a few safety precautions are taken into consideration.

If you or a loved one has been involved in a pedestrian accident in Colorado, before you talk to anyone from the other party’s insurance company, talk to me.

I’ve handled thousands of personal injury cases over the past 30 years. Contact me for a free consultation at (303) 454-8000 or toll-free at (800) ROSEN-911, or by filling out the form on the right.

Pedestrian Accident Facts & Resources

It’s important for drivers and pedestrians alike to know their rights when it comes to pedestrian accidents. Below is some information to help you stay informed about pedestrian safety.

The Truth About Colorado Pedestrian Accidents
According to the Colorado Department of Transportation, 90 pedestrians were killed in traffic accidents in 2018, up 40 percent since 2015. Between 2008 and 2017, 590 pedestrians were killed on Colorado roads.

According to Smart Growth America’s Dangerous by Design 2019 report, Colorado’s Pedestrian Danger Index (PDI) is 36.7, which gives it a rank of 29 of the 50 states. Between 2008 and 2017, the average number of pedestrian fatalities per year per 100,000 people was 1.10.

With a PDI of 58.2, the Denver-Aurora-Lakewood metro area is 57 among the 100 largest metro areas in the U.S. with respect to pedestrian danger.

Safety Tips for Pedestrians and Motorists
The University of Colorado Boulder offers tips to help pedestrians reduce their risk of injury.

  • Avoid dangerous behavior and situations.
  • Maintain direct eye contact with nearby motorists whenever possible.
  • Be especially cautious at intersections, where drivers often won’t yield the right of way to pedestrians.
  • Make yourself more visible when walking at night by wearing light-colored or reflective clothing and carrying a flashlight.
  • Always cross the street at designated crosswalks.
  • Walk on the sidewalk whenever possible.
  • If you cannot walk on the sidewalk or in crosswalks and must walk along a roadway instead, always face oncoming traffic.
  • Pay attention to your surroundings at all times, especially when you are wearing headphones.
  • Never text, read email, or post to social media when you are walking, especially when you are crossing the street.

When driving, reduce the chances of colliding with pedestrians by heeding the following advice:

  • Be aware of pedestrians who are crossing in both marked and unmarked crosswalks.
  • Never pass a vehicle that has stopped at a pedestrian crosswalk.
  • Obey the posted speed limit.
  • Always be ready to stop for a pedestrian, especially in school areas.
  • Be especially aware of pedestrians when you are making a turn.
  • Even if you have the right of way, yield to nearby pedestrians to avoid an accident.
What Should I Do If I Was Hit by a Car While Walking?
  • Immediately get yourself and any other injured people out of the roadway to a place of safety.
  • Contact the police to report the accident.
  • Seek medical attention, even if you don’t think you were injured. Some injuries are not apparent until hours, days, or even weeks after an accident.
  • Exchange contact information with everyone involved in the accident.
  • Avoid talking extensively with anyone, and never admit fault for the collision.
  • Contact a Colorado personal injury attorney who regularly handles pedestrian accidents.
What Damages Are Recoverable in a Pedestrian Accident Case?
The damages available in an individual case depend on the circumstances of the accident. But you may be eligible to recover damages for present and future medical expenses, present and future lost wages, diminished earning capacity, and pain and suffering. In Colorado, exemplary (punitive) damages are also available if your injury resulted from fraud, malice, or willful and wanton behavior.
What Is the Law in Colorado Regarding Pedestrians, Drivers, and Crosswalks?
Colorado drivers have a duty to maintain a proper lookout and to exercise due care with respect to pedestrians. Drivers must yield to pedestrians when the walk signal is illuminated and at a crosswalk where there is no signal, and when a pedestrian is crossing the roadway. Drivers are legally required to yield the right of way to pedestrians in a crosswalk who are in the same lane of the road as the automobile or to pedestrians who are approaching closely enough from the other side of the road to be considered a danger.

Pedestrians have the right of way within a crosswalk. But if they have a marked crosswalk to use, they must avoid crossing a roadway at any point other than the marked crosswalk. Where traffic signals are operating, pedestrians may cross between two nearby intersections only in a designated crosswalk, and they may cross an intersection diagonally only if authorized by a traffic signal.

How Is Liability Determined in a Traffic Accident Involving a Pedestrian?
Generally, fault for an accident between a pedestrian and a motorist is determined by negligence. If the pedestrian is crossing the street illegally, he may be found at fault. If he is walking on a designated crosswalk when a car hits him, the motorist will probably be found at fault. If the pedestrian is jaywalking when he is hit by a speeding motorist, both will probably be found at fault.
If I Was Partly at Fault for the Accident, Can I Still Recover Damages?
If you were partly at fault for the accident, your potential for recovery will probably be decreased or eliminated. Since Colorado follows a rule of modified comparative fault, in this state an injured party cannot recover damages if he is 50 percent or more at fault for his own injury. You can recover damages if you were 49 percent or less at fault, but the amount of your recovery will be reduced in proportion to the degree of that fault.
If I Was Hurt in a Pedestrian Accident and Am Filing a Personal Injury Claim, What Steps Should I Take?
The first thing you should do is contact an experienced Colorado personal injury attorney who routinely handles pedestrian accidents. Also:

  • Don’t wait too long. Colorado has a three-year statute of limitations that governs all actions for bodily injury or property damage arising out of the operation of a motor vehicle.
  • Gather as much information as possible about the accident, your injuries, and any losses you have sustained, including medical bills, lost wages, and reduced earning capacity.
  • Cooperate with your medical providers regarding medical treatment: keep all appointments, take all prescribed medications, accept all recommended treatment.
  • Locate people who may have witnessed the accident and give their contact information to your attorney.

If you, as a pedestrian, were seriously injured in a traffic accident, contact the Law Offices of Daniel R. Rosen online or call (303) 454-8000 to schedule your free initial consultation today.

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Colorado Personal Injury Resources

Getting injured as a pedestrian is challenging and stressful enough. Navigating the legal process doesn’t have to be. We’re here to guide you every step of the way. Please click on the pedestrian accident resources below to learn more, or contact us with any questions or to schedule a free consultation.

Can a Pedestrian Ever Be At Fault in an Auto Accident?

Both drivers and pedestrians may be held responsible for accidents in which a driver hits a pedestrian. And both can do a lot to prevent an accident.

How Long Will It Take to Settle My Colorado Personal Injury Case?

Settling a personal injury case depends on certain factors such as how long it takes you to recover from your injuries. While between 80 and 92 percent of personal injury cases filed in court still settle prior to trial, patience in the process is key.

Factors in Personal Injury Settlements

Some injuries are permanent and life-changing, and no amount of money can restore the injured person’s life to what it was before. Still, the settlement process involves assigning dollar amounts to the losses, called damages, in order to make the injured person whole again.

Ticketing People Who Walk and Text

Is distracted walking as bad as distracted driving? Some pedestrians help cause an accident by peering at handhelds. But should they be ticketed for doing so?

Common Injuries Associated With Pedestrian Accidents

Pedestrian-vehicle accidents account for numerous deaths in the U.S. each year. Read on to discover the common injuries associated with them.

Drivers and Walkers to Blame for Increased Pedestrian Accident Fatalities

An increase in pedestrian deaths has been attributed to limited street lighting, distracted driving, and distracted walking. What’s causing such a growing problem?

Injured in a Colorado accident?

Contact me today for a free consultation.

If you or a loved one has been injured in a vehicle-pedestrian accident, the fastest way to find out if you have a case is to schedule a free consultation with me.

At the Law Offices of Daniel R. Rosen, our goal is to get you through your accident and injury claim as quickly and smoothly as we can. I’ve earned over $100 million in settlements for my clients and personally handle every single case that comes across my desk. I can get you the settlement you deserve, and you won’t pay a penny until I come through for you.

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