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Drivers have a responsibility to watch for pedestrians, but pedestrians also have responsibilities when using Colorado roads and crosswalks. When a pedestrian accident occurs in Denver, an insurance company may argue that the injured pedestrian contributed to the collision by crossing outside a crosswalk, entering traffic unexpectedly, or disregarding a traffic signal.
Colorado's comparative negligence rules can make these questions particularly important. At Walker Law, we represent people injured in pedestrian accidents in Denver and help determine how fault may affect their ability to recover compensation.
Yes. Depending on the circumstances, a pedestrian can potentially share responsibility for a Colorado traffic accident.
Pedestrians are required to follow applicable traffic laws just as motorists are. The fact that someone was walking rather than driving does not automatically establish that the motorist bears 100 percent of the responsibility.
However, pedestrian fault should not be assumed simply because the collision occurred outside a marked crosswalk or under unusual circumstances.
A complete investigation may need to consider:
Several actions can contribute to the same Denver pedestrian accident.
Colorado follows a modified comparative negligence system.
Under this framework, an injured person's compensation can be reduced according to their percentage of responsibility. If the injured person is found to be as much at fault as, or more at fault than, the party from whom damages are sought under Colorado's comparative negligence statute, recovery may be barred.
Consider a simplified example. A pedestrian suffers $100,000 in qualifying damages, but the pedestrian is determined to have been 20 percent responsible for the accident. The recoverable damages could potentially be reduced to account for that percentage of fault.
Fault percentages can therefore have a substantial financial impact, especially when a Denver pedestrian suffers severe injuries.
Our Denver pedestrian accident attorneys can investigate how a collision occurred and respond when an insurance company attempts to place responsibility on the injured pedestrian.
Crossing outside a marked crosswalk can affect the liability analysis, but it does not necessarily make the pedestrian entirely responsible for an accident.
Colorado law establishes rules governing how pedestrians cross roadways when they are outside marked or unmarked crosswalks. Pedestrians may have duties to yield to vehicles under certain circumstances.
Drivers, however, do not receive permission to ignore pedestrians simply because someone is outside a crosswalk.
Motorists still need to exercise appropriate care and respond reasonably to hazards they can see.
Suppose a pedestrian begins crossing a Denver street outside a crosswalk while a vehicle is still far enough away for the driver to observe the pedestrian and react safely. If the driver is distracted and never slows down, the driver's conduct may still be a significant factor in the collision.
The specific facts matter more than a simple label such as "jaywalking."
Pedestrian traffic signals provide important instructions about when people may enter a roadway.
Ignoring a signal can support an argument that a pedestrian contributed to an accident. However, the driver's actions must still be evaluated.
For example, was the driver speeding? Was the driver looking at a phone? Did the driver have a clear view of the pedestrian? Was there enough time to brake or take another reasonable evasive action?
A pedestrian's mistake does not necessarily eliminate a driver's negligence.
Colorado comparative negligence law allows fault to be evaluated based on the conduct of the parties rather than requiring every accident to have only one responsible person.
An insurance company may argue that a pedestrian was distracted immediately before a collision.
Examples could include looking at a cellphone, wearing headphones, or otherwise failing to pay attention to surrounding traffic.
Whether that behavior actually contributed to the accident is a separate question.
A pedestrian holding a phone is not automatically negligent. Evidence would need to be considered in context.
Likewise, the driver's conduct remains relevant. A motorist who was speeding or distracted may bear substantial responsibility even if the pedestrian could have been more attentive.
After a serious Denver pedestrian accident, both sides' actions should be investigated rather than accepting an insurer's initial assignment of fault.
Colorado law provides protections for pedestrians using crosswalks under applicable circumstances.
Drivers approaching pedestrians in crosswalks may be required to yield, and motorists should exercise care when operating near people on foot.
Pedestrian accidents commonly occur when drivers:
Denver intersections can create particular risks because motorists must monitor vehicles, cyclists, pedestrians, traffic signals, and turning movements simultaneously.
The presence of a pedestrian does not relieve a driver of the responsibility to remain alert.
Yes.
This is one of the most important aspects of comparative negligence.
A pedestrian does not necessarily need to prove that their own conduct was perfect. Instead, the investigation may determine how much each party's actions contributed to the accident.
Imagine a pedestrian crosses outside a designated crossing area. At the same time, an approaching driver is traveling substantially too fast for the conditions and is looking at a phone.
Both actions may become relevant.
An insurer may focus heavily on the pedestrian's behavior because assigning additional fault to the injured person can reduce or potentially defeat the claim. Evidence concerning the driver's conduct is therefore critical.
Pedestrian accidents can happen in seconds, and the injured person may have little memory of the collision.
Independent evidence can help reconstruct what occurred.
Important evidence may include:
The location itself can also provide important information.
An investigation may consider the position of the crosswalk, traffic controls, sight obstructions, street lighting, and the distance from which the driver could reasonably have observed the pedestrian.
Because video may be overwritten and physical conditions can change, preserving evidence promptly can be important.
Pedestrians have little physical protection when struck by a motor vehicle.
Even a collision at a relatively modest speed can cause serious injuries.
Pedestrian accident injuries can include:
Some victims require surgery, hospitalization, rehabilitation, or extended time away from work.
These cases should account for the full effect of the injuries rather than only the initial emergency room bill.
When another person's negligence causes a Denver pedestrian accident, the injured person may be able to seek compensation for qualifying losses.
Depending on the circumstances, damages may include medical expenses, future medical care, lost wages, reduced earning capacity, pain and suffering, and other accident-related losses.
Colorado's comparative negligence rules can affect the amount ultimately recovered.
That makes both sides of the case important. It is necessary to document the injuries and damages while also developing evidence showing how the driver caused or contributed to the collision.
Do not assume an insurance adjuster's initial fault determination is final.
Insurance companies conduct their own investigations, but their conclusions can be challenged with additional evidence.
If an insurer argues that you caused the Denver pedestrian accident, preserve all correspondence explaining its position.
Avoid guessing about details you cannot remember simply because an adjuster asks for an immediate explanation. Statements made shortly after a traumatic accident may later be compared with police reports, witness accounts, or video evidence.
An attorney can independently investigate the collision and evaluate whether the insurer's allocation of fault is supported by the evidence.
Pedestrians can share fault for accidents under Colorado law, but a pedestrian's mistake does not automatically eliminate the driver's responsibility. Where the collision occurred, what each party was doing, whether traffic laws were followed, and whether the driver had an opportunity to avoid the crash can all affect the outcome.
If you are dealing with injuries after a pedestrian accident in Denver, our attorneys are here to help. Call Walker Law today or connect with us online to schedule a consultation.
