Pedestrian Accident Attorney in Aurora

Have you sustained injuries in a collision with a motor vehicle while walking? You may have the right to pursue compensation for your injuries and losses from a negligent driver or other liable parties. While you focus on your physical and emotional recovery after suffering devastating injuries, let an Aurora pedestrian accident lawyer from The Wilhite Law Firm fight for the justice you deserve. 

Our firm has stood up for the rights of injured accident victims for over 40 years, providing top-notch client service and aggressive legal advocacy. Our attorneys and support staff handle cases like yours every day. We stand up to insurance companies and negligent parties to secure the financial resources our clients need to heal and get their lives back on track. 

After you’ve suffered injuries in a pedestrian accident in Aurora, CO, turn to The Wilhite Law Firm. Let us pursue the accountability and justice you need from the driver who hit you. Contact an Aurora pedestrian accident attorney for a free initial case evaluation to discuss your legal options with a knowledgeable Aurora pedestrian accident lawyer. 

What Are the Most Frequent Injuries in Aurora Pedestrian Accidents?

Because pedestrians don’t have any protection in a collision with a motor vehicle, they tend to suffer a wide range of injuries.

The most common pedestrian accident injuries are:

• Lacerations
• Abrasions and road rash
• Burns
• Broken bones
• Dislocated joints
• Ligament sprains and tears
• Muscle and tendon strain and tears
• Whiplash
• Nerve damage
• Herniated spinal discs
• Spinal cord injuries and paralysis
• Internal organ injuries and bleeding
• Facial and head injuries
• Traumatic brain injuries (TBIs)
• Amputation or limb loss

What Are the Most Common Causes of Aurora Pedestrian Accidents?

Many pedestrian accidents occur due to the negligence or recklessness of a motorist.

Some of the most frequent driver errors causing pedestrian accidents in Aurora include:

• Speeding
• Reckless driving, such as excessive speeding, street racing, or swerving around slow or stopped traffic
• Turning without signaling or checking mirrors
• Failing to yield the right-of-way at intersections and crosswalks
• Running red lights and stop signs
• Disregarding yield signs or pedestrian crossing warning lights
• Distracted driving, especially using a cell phone while driving
• Driving under the influence of alcohol or drugs
• Drowsy driving
• Backing up without looking behind
• Inadequate vehicle maintenance, especially brake and tire maintenance

Other factors that may contribute to pedestrian accidents include:

• Poor road conditions, including standing water, snow, or black ice
• Bad weather, such as heavy fog or rain
• Low lighting
• Unsafe road or intersection design, including visual obstructions, lack of signs or traffic control devices, or malfunctioning pedestrian and traffic signals

Who Is Liable for a Pedestrian Accident?

Depending on the circumstances in your case, parties who may have liability for the injuries you suffered in a pedestrian accident include:

• The driver who hit you
• The owner of the vehicle that hit you, if they negligently let the driver use the vehicle
• The driver’s employer, if the accident occurred during the driver’s employment
• A state or local government or public agency, if a government-owned vehicle struck you

Can the Pedestrian Ever Be At Fault for the Accident?

In certain circumstances, a pedestrian might share fault for causing an accident with a motor vehicle. A pedestrian may have partial responsibility for an accident if they were walking with headphones on or looking at their cell phone, distracting them from their surroundings or making it harder for them to hear approaching traffic.

Pedestrians can also share responsibility for crossing an intersection when they have a “Do not walk” signal. They could also share fault if they cross the street outside of an intersection or marked crosswalk in front of a driver who does not have enough time to stop. Contact an Aurora pedestrian accident lawyer today.

What Are Colorado’s Pedestrian Laws?

Critical state laws governing pedestrian traffic in Colorado include:

• Pedestrians must obey all traffic and pedestrian control signals, including “Walk” and “Do not walk” signals.
• Drivers must yield the right-of-way by stopping or slowing down for a pedestrian crossing the roadway in a crosswalk. However, pedestrians may not suddenly step into the road in front of a vehicle close enough to be a hazard.
• Drivers may not overtake vehicles stopped for pedestrians.
• Pedestrians crossing outside of a marked crosswalk or unmarked intersection crosswalk must yield the right-of-way to vehicles.
• Pedestrians traveling along roads without sidewalks must stay on the shoulder as far as possible from the edge of the road. If the road does not have a shoulder, pedestrians must walk as close as possible to the outside edge of the road on the left. They should face traffic coming from the opposite direction.
• Drivers must exercise due care to avoid hitting a pedestrian and honking their horns when needed to warn someone.

Does Aurora Have Any Additional Pedestrian Laws?

Aurora has adopted municipal ordinances that specifically regulate pedestrian activities in the city, including:

• People may not block or congregate on a public sidewalk where a pedestrian has to step off the sidewalk to walk on an adjacent property or public street.
• Pedestrians may not travel on a controlled access highway.
• A pedestrian crossing a roadway may not walk on or across a landscaped median.

Are There Steps to Take to Improve Pedestrian Safety?

The Colorado Department of Transportation (CDOT) provides helpful tips for both pedestrians and drivers to improve road safety and reduce the risk of pedestrian-vehicle collisions. Essential steps for drivers include:

• Remember to look for pedestrians at all times.
• Use extra caution when driving in low-visibility conditions.
• Check your surroundings and slowly proceed with caution after the light turns green.
• Prepare to stop if needed when turning at an intersection or passing a crosswalk, but never stop in the crosswalk.
• Obey the speed limit, especially when driving through school zones, residential neighborhoods, or commercial areas with heavy pedestrian traffic.
• Always look behind you when backing up, especially when reversing out of a parking space or driveway.
• Never drive while distracted or under the influence of alcohol or drugs.

Critical tips for pedestrians to follow include:

• Avoid distractions from cell phones or headphones.
• Obey all signs and traffic control devices.
• Walk on the sidewalk where available.
• Try to cross the street at intersections or marked crosswalks. Remember to yield to approaching vehicular traffic if you must cross outside an intersection or crosswalk.
• Avoid walking while impaired by alcohol or drugs. 
• Try to wear light-colored clothing and stay under streetlights.

What Compensation Can I Recover for My Pedestrian Accident Injuries?

In a pedestrian accident claim, you may have the right to recover compensation for losses you’ve incurred due to your injuries, including for your:

• Medical treatment and rehabilitation expenses
• Costs of long-term care assistance and support for permanent disabilities
• Loss of wages from missed work or reduced earning capacity on temporary part-time or light-duty work
• Loss of future income or earning potential and job benefits if you’ve become permanently disabled from working
• Physical pain and suffering
• Emotional trauma and distress
• Lost quality of life because of physical disabilities, scarring, or disfigurement that interferes with daily life or activities you previously enjoyed

What If I Am Partly to Blame for My Injuries?

Just because the driver who hit you tries to shift some of the blame for the pedestrian accident onto you does not mean you cannot pursue compensation against the driver. Under Colorado’s comparative negligence law, your partial responsibility for a pedestrian accident will not bar your right to pursue a legal claim against a driver who hit you so long as your share of fault is less than 50 percent.   

However, any share of responsibility you bear for the accident may reduce your compensation. For example, when you have incurred $100,000 in losses from a pedestrian accident you bear 25 percent responsibility for, the court will reduce your compensation by $25,000 to reflect your share of fault for the accident and your injuries. 

Is There a Statute of Limitations in Colorado for a Pedestrian Accident Lawsuit?

Under Colorado’s statute of limitations, you usually have three years to file a pedestrian accident lawsuit against the driver who hit you and any other potentially liable parties. Because the statute of limitations imposes a deadline on filing a pedestrian accident lawsuit, you should speak with an Aurora pedestrian accident lawyer from The Wilhite Law Firm as soon as possible. The trial court can dismiss an untimely filed lawsuit, so you should start preparing your legal case soon to ensure you can file your lawsuit on time. 

Contact an Aurora Pedestrian Accident Lawyer

When you’ve suffered injuries in a pedestrian accident due to a driver’s negligence, you deserve to seek financial recovery and justice for your injuries and losses. Contact The Wilhite Law Firm today for a free, no-obligation consultation. You can speak with an Aurora pedestrian accident lawyer about how we can help you pursue your legal options and advocate for your rights and interests. Aurora personal injury lawyer.