Can an Accident Ever Be the Pedestrian’s Fault in Colorado?

 Posted on March 30,2020 in Personal Injury

While many people believe that pedestrians always have the right of way when crossing the street, the truth is that pedestrians are not infallible. They can make mistakes just like drivers do, and this probably occurs more often than you might think. In fact, many pedestrian accidents and pedestrian deaths in Colorado over the last few years have been clear cases that illustrate the pedestrian was at fault. In other cases, the collision may involve a combination of fault by both the driver (or drivers) and the pedestrian. Below are some circumstances in which a motorist may not be at fault, and a pedestrian may be liable for any damages and injuries.

When the Driver Is Not at Fault

Pedestrians might believe that if they are hit by a car, it will almost always be the driver’s fault. However, a driver may not be at fault if all of the following can be proven in court:

• The driver was not distracted

• The driver was not intoxicated or otherwise impaired

• The driver was not breaking any rules of the road

• The driver was not acting recklessly

• The driver was not being negligent in some other way

If those conditions are met, then it may be determined that a driver is not liable for a collision. In some cases, a third party may be found to be liable, such as another driver who rear-ended a vehicle and caused it to collide with a pedestrian. In other cases, a collision could be determined to be the pedestrian’s fault. 

Ways Pedestrians Might Be at Fault

Many pedestrians might become emboldened when crossing streets or walking near traffic because they think drivers will be extra cautious around them and give them the right of way. However, pedestrians should be just as alert and law-abiding as motorists. Some examples of when a pedestrian may be found responsible for causing a collision with a vehicle include:

• Running in the middle of the street, jaywalking, and/or crossing the street outside of a crosswalk

• Crossing the street before being given the appropriate traffic signal

• Walking in the street while intoxicated or impaired 

• Dressing in clothing that makes it difficult for drivers to see them at night

• Disrupting traffic in some other way

Contact a Ft. Collins Car Accident Attorney

Collisions that involve a pedestrian and a vehicle are not automatically considered to occur due to driver negligence. In certain situations, pedestrians can sometimes be at fault for an auto accident that causes injuries to themselves, a driver, or others. If you have been injured in a pedestrian accident, it is important to seek professional legal counsel. The knowledgeable team at Hoggatt Law Office, P.C. will study the details of your accident to make sure you receive the compensation you deserve. Call a Larimer County personal injury lawyer today at 970-225-2190 to schedule a free consultation. 

Sources:
https://gazette.com/news/unusually-high-number-of-pedestrians---mostly-homeless-/article_bf9261a0-2000-11e9-b5e4-9f875853a305.html
https://kdvr.com/news/problem-solvers/police-warn-of-jaywalking-after-car-vs-pedestrian-crashes-on-colfax-improvements-underway/
https://www.wglt.org/post/drivers-not-fault-fatal-pedestrian-accidents-veterans-parkway#stream/0