How Can Injured Pedestrians Recover Damages in Colorado?

 Posted on August 06, 2021 in Car Accident

When people think of car accidents, they likely think of car-on-car collisions. However, accidents involving pedestrians can also cause severe damages and possible fatalities. According to AAA Colorado, since 2009, the number of pedestrians killed on a yearly basis in Colorado has nearly doubled.

Urban areas have seen the highest increase in pedestrian fatalities, which occur most often on sidewalks, the side of the road, and crosswalks. Some of the most common causes for pedestrian accidents include a driver’s failure to yield to a pedestrian in a crosswalk, to come to a complete stop at a stop sign, or to maintain control of their vehicle. Drunk driving is also a common contributing factor. Colorado has made an effort to combat these tragic accidents, strengthening its state laws and penalties.

Colorado’s Efforts to Minimize Pedestrian Accidents

Colorado has implemented various traffic laws that pertain to expectations for both drivers and pedestrians. It is possible for both the driver and the pedestrian to fail to follow these rules. Right-of-way laws in Colorado dictate when motor vehicles must halt and yield to pedestrians. Specifically, Colorado law reserves the right-of-way for pedestrians at all crosswalks and intersections, requiring all drivers to stop completely and allow the pedestrian to safely cross. This rule is maintained in circumstances when traffic signals are not present or are not working properly.

Pedestrians should also be aware of what is expected of them. Colorado law prohibits pedestrians from crossing the street unless there is a designated crosswalk. Pedestrians are also expected to utilize the roads with a reasonable degree of care. Additionally, Colorado law states that the left side of the road in rural areas should be used for walking.

Consequences of Pedestrian Accidents

The most pertinent consequence of any pedestrian accident is likely the injuries suffered by the victim. When a pedestrian is struck by an oncoming vehicle, they do not have the same protections as a driver or vehicle passenger may have. The momentum of a vehicle crashing into a pedestrian can result in the individual being thrown a significant distance from the crash’s initial location. When the pedestrian lands, they can suffer head injuries, lacerations, and broken bones.

If the driver is found at fault in a pedestrian accident, the court will likely order the driver liable for damages owed to the pedestrian. The pedestrian may be eligible for both economic damages (such as medical bills and lost wages) and non-economic damages (such as pain and suffering). In some cases, a driver may claim that a pedestrian is partially at fault for their own injuries due to their lack of caution or care. Under Colorado’s comparative negligence rule, this could reduce or eliminate the damages an injured pedestrian can recover.

Contact Our Fort Collins Personal Injury Attorney Today

Pedestrian accidents can be devastating, and victims of such accidents should be fully aware of what obstacles may lay ahead on the path to recovering damages. Our experienced Larimer County personal injury attorneys can help you settle or resolve your case with the goal of obtaining the full compensation you deserve. Contact Hoggatt Law Office, P.C. today to schedule a complimentary consultation by calling 970-225-2190.

Sources:

https://www.denverpost.com/2021/01/12/pedestrian-traffic-deaths-colorado-aaa/

https://www.codot.gov/programs/bikeped/information-for-pedestrians