Are Drivers Liable in Pedestrian Accidents on Icy Roads?

 Posted on January 06, 2025 in Car Accident

Fort Collins sees lots of pedestrian traffic. Besides people moving around on foot, pedestrians include bicyclists and those using wheelchairs and micro-mobility devices like scooters and skateboards. Because all these people are extremely vulnerable in car accidents, the Fort Collins Active Modes Plan includes several recommendations to promote safety. Although cold weather and slick streets often limit the number of pedestrians during the winter, pedestrian accidents still happen. In fact, inclement weather increases the risks.

If a driver loses control of his car on icy streets, is he still responsible if he hits a pedestrian? How is fault determined in pedestrian accidents? Working with an experienced Larimer County, CO personal injury lawyer can maximize your compensation.  

Why Are Pedestrian Accidents More Likely With Slippery Roads?

Sleet, snow, and ice are common in Colorado during the winter. While winter precipitation can provide beautiful views, it also creates several travel hazards for motorists and pedestrians alike for several reasons, including:

• Limited visibility may make it harder for drivers to see pedestrians, black ice, and other obstacles.

• Pedestrians may fall onto streets and into oncoming traffic, even if they were using a sidewalk.

• Sudden braking or hitting icy patches can cause cars to slide in unintended directions.

• Drivers and pedestrians may be more focused on getting out of the weather than paying attention to their surroundings.

• Daylight hours are shorter during the winter, and traveling after dark poses its own challenges, regardless of the time of year.

Drivers whose cars become stuck, whether in a ditch or elsewhere, may find themselves outside their vehicles trying to clear a path or walking to a nearby exit. These people are just as vulnerable as those who are intentionally on foot.

Injuries in pedestrian accidents are often catastrophic or fatal, including spinal cord damage, brain injuries, multiple fractures, and organ damage. Medical treatment costs can be astronomical, and the emotional impact of an unexpected death is often overwhelming. If a pedestrian accident impacted your life, you may qualify for compensation through a personal injury claim or wrongful death action. However, you will need evidence proving negligence.

Who Is At Fault for Winter Pedestrian Accidents?

As with any car accident, it is necessary to determine fault before injured victims can file claims for compensation. You might think that drivers are always responsible for pedestrian accidents or that slick roads exempt them from liability if they strike a pedestrian. Both of those assumptions are incorrect.

An investigation should reveal why your pedestrian accident happened, and that should point to one or more at-fault parties. Possible causes include speeding, driver or pedestrian distraction, pedestrians crossing streets outside of crosswalks, and cars without proper tires or chains.

Multiple people can share responsibility, including you. You need a skilled lawyer on your side to fight for the compensation you deserve.

Discuss Your Case With a Knowledgeable Fort Collins, CO Pedestrian Accident Attorney

At Hoggatt Law Office, P.C., we hope you and yours remain safe. However, we are here to assist if you or someone you love is injured in a pedestrian accident. Contact us online or call 970-225-2190 to schedule your complimentary case review with our skilled Larimer County, CO personal injury lawyer. Se Habla Español.