If you hit a pedestrian in Colorado, you must take certain steps to protect yourself and others. Those steps include:
- Don’t leave the accident scene.
- Call 911 immediately.
- Check on the pedestrian.
- Take pictures to document the crash.
- Seek medical attention.
- Call your insurer.
- Consult a car accident attorney.
With those steps taken care of, take a moment to breathe and collect your thoughts. While hitting a pedestrian with your car is a scary situation, don’t panic. A skilled lawyer can help you through a potential pedestrian accident case.
Do Pedestrians Always Have the Right of Way in Colorado?
Colorado law does not always give pedestrians the right of way. Pedestrians must obey traffic lights and other traffic control devices. At the same time, drivers must take proper precautions to avoid hitting any pedestrians on the road. Here are a few specific laws to know concerning pedestrians’ right of way in Colorado:
- When a traffic light is not in place or working, drivers must yield to pedestrians in crosswalks on the driver’s half of the road. Drivers must also yield to pedestrians crossing from the other half of the road if they are close enough to be in danger.
- Pedestrians are not allowed to suddenly leave a curb or walk into the path of a motor vehicle if it would create a safety hazard. This law also applies to people on bicycles, electric scooters, and e-bikes.
- Anyone crossing the street outside a marked crosswalk or intersection must yield to vehicles on the road.
- Pedestrians cannot cross an intersection diagonally unless official traffic control devices say they can.
How Is Fault Determined for a Pedestrian Accident?
Fault in Colorado pedestrian accident cases is based on negligence. In short, this means that the liable party in a pedestrian accident claim is the one who failed to take reasonable precautions to avoid a collision. While someone does not need to break the law to be liable for a pedestrian accident, any violation of Colorado’s right of way laws is compelling evidence of negligence.
What If the Pedestrian Was Partially to Blame?
Many pedestrian accidents involve some degree of liability on the pedestrian’s part. This is good news for Colorado drivers, who often suffer serious injuries in these crashes. Colorado law says that when someone is partly liable for an accident, their compensation is reduced by their degree of fault. For example, if the evidence shows that a pedestrian is 30 percent liable for a car crash, they lose 30 percent of their compensation.
However, Colorado law also says that if someone’s degree of fault for an accident is 50 percent or more, they cannot recover any compensation. If drivers can show that a pedestrian bears most of the responsibility for a crash, they will not be required to pay the pedestrian any compensation. Instead, they may owe you money for your own injuries and losses resulting from the collision they caused. A Colorado car accident attorney can show how a pedestrian contributed to your injuries.
How Can I Prove the Pedestrian’s Liability?
The key to winning a pedestrian accident claim and recovering maximum compensation is to have solid evidence to support your claim. A Colorado pedestrian accident lawyer can gather the evidence you need to prove your case. Common types of evidence in these cases include:
- Photos and videos – If you documented the accident scene, these visuals could show road conditions, traffic signals, and the pedestrian’s location. This evidence might reveal whether the pedestrian was jaywalking or in an area where they shouldn’t have been.
- Witness statements – People who saw the accident can provide a clear view of what happened. Witnesses might confirm that the pedestrian suddenly moved into the road or was distracted.
- Traffic camera footage – If the accident happened near any traffic cameras, their footage could benefit your case. These videos can capture the pedestrian’s actions right before the collision, providing clear evidence of their movements.
- Police reports – Officers at the scene typically write reports that include their observations and any citations they issued. If the police noted the pedestrian acted carelessly, this report could strengthen your case.
- Physical evidence – Items left at the scene, like the pedestrian’s personal belongings or debris from the crash, can tell a story. For instance, if the pedestrian’s headphones or mobile device are found near the scene, it might suggest they were distracted by listening to music or taking a call.
- Expert testimonies – Specialists in accident reconstruction can provide insights into how the collision occurred. They use the evidence gathered to recreate the scene and determine the vehicle’s speed, the pedestrian’s location, and their actions leading up to the accident. This scientific approach could provide a persuasive argument for the pedestrian’s responsibility.
- The pedestrian’s medical records – These records can reveal the extent and nature of the injuries sustained in the accident. If the records indicate pre-existing injuries similar to those claimed from the wreck, it could suggest that the collision did not entirely cause the pedestrian’s current injuries. The medical records might also show the influence of substances like alcohol or drugs, which could help prove that the pedestrian’s impairment contributed to the accident.
- Your testimony – What you saw and experienced matters. Describing the pedestrian’s unexpected movement or how they were not visible in time to stop can help prove your point.
Contact a Colorado Pedestrian Accident Lawyer
If you were injured after hitting a negligent pedestrian in Colorado, remember that you have rights – and The Wilhite Law Firm can protect them. Call us today or complete our contact form for a free consultation.
