Who Is at Fault for a Pedestrian Accident in Colorado?

 Posted on October 14,2019 in Personal Injury

When a personal injury case is on the table, one of the most difficult parts is proving which party was at fault. This often affects the amount of compensation a person can receive or whether someone has a case at all. In cases involving pedestrian accidents, there are many factors that may have caused the incident. In some cases, a collision can be caused by a reckless motorist who is driving under the influence or distracted. It is imperative to know what rights a pedestrian has and how these rights can impact the ability to recover damages in a personal injury claim.

Proving Fault 

Colorado is what is called a “fault state” in regard to personal injury cases. This means whoever caused the accident may be held liable. Sometimes, there is a clear answer as to who was at fault, but most cases are not that cut and dry. Whether someone is operating a car or a truck or is a pedestrian, there are rules for every person on the road. These laws are to keep each other safe, and when broken, they can lead to accidents, injuries, or even death. Knowing the rights of a pedestrian may help determine whether a person is eligible for a personal injury claim.

All signage should be followed by pedestrians as well as drivers to ensure the safety of themselves and others on the road. A rule of thumb is that whatever rights a pedestrian has to cross a street safely should be clearly listed. If there is not a sign, a crosswalk, a light, or a traffic control officer, it is often not an appropriate place for a pedestrian to cross the street. For example, a rural road may not have these signs, but when they are available, pedestrians should follow and utilize them. 

If a pedestrian is entering a crosswalk with the "walk" light illuminated, and a car speeds through a red light, then the pedestrian was in the right, because he or she was following the law. If that same person tried crossing the street in the middle of the block, and a crosswalk was available down the street, he or she may be partially or fully at fault if hit by a car. Drivers do not expect to see pedestrians in the middle of the road, and although they should be aware of their surroundings, they will likely not be at fault if a person on foot violated the law. 

One of the most important assets a person can have while seeking compensation for a personal injury is professional legal advice. An experienced lawyer will be able to gather evidence that proves who was at fault for an accident and use this to ensure that a victim can receive compensation for their injuries. 

Contact a Larimer County Personal Injury Lawyer

In some personal injury cases, it can be difficult to establish liability, since multiple parties may be at fault. However, in cases involving pedestrian accidents, a driver who strikes a person on foot is often found to be liable, since motorists must take extra care to protect the safety of pedestrians. If you believe someone else’s negligence caused your pain and suffering, contact an experienced Fort Collins pedestrian accident attorney today to discuss your case. Hoggatt Law Office, P.C. will carefully analyze the details of your accident and gather evidence to determine liability. You may be entitled to compensation that will help you recover from your injuries and get on with your life. Call our office today at 970-225-2190 to schedule a free consultation. 

Sources:

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