According to studies done by the National Highway Traffic Safety Administration, pedestrian injuries in Colorado are statistically more likely to happen during nighttime hours and more commonly in urban areas than rural areas.
5,376 pedestrians lost their lives in accidents around the United States in 2015, and since then, they have been on the rise.
Surprisingly enough, a majority of pedestrian accidents do not happen at intersections, but at non-intersection areas. This could include sidewalks, areas where no sidewalks are available, and in or around crosswalks. These types of accidents are devastating and many of them could have been avoided had the proper precautions been taken.
It is a driver’s responsibility to vigilantly watch for pedestrians, even in places where they are unexpected, to avoid catastrophic pedestrian collisions. In areas like Downtown Denver, Boulder, or Colorado Springs, or in neighborhoods outside of the city, pedestrians are a common occurrence and must be anticipated by drivers.
The simple fact that a pedestrian is not in a crosswalk or on a sidewalk does not preclude that pedestrian from having a case. Insurance companies love to point the finger at the pedestrian, even when the actions of their insured driver are far more negligent.
Under Colorado law, it is up to a jury to determine who is at fault, and the law is clear that notwithstanding the responsibility of pedestrians to follow safety rules, the drivers of vehicles responsible for giving due care to pedestrians as well as maintaining a proper lookout.
Colorado law also allows a pedestrian to be partially at fault and still recover for their injuries. As long as a pedestrian has not contributed to the collision by 50% or more through their own actions, Colorado law allows them to be compensated. For instance, even if a jury finds that the pedestrian acted negligently, if the jury determines that the driver of the car was 50% or more at fault through their own negligence, the pedestrian is due 50% or more of their damages.
Victims of pedestrian accidents often incur serious injuries that might have prolonged or even permanent after-effects. As such, many families require the assistance of an attorney to determine the exact claim amount, based on the current amount of damages and the expected amount of future medical care or loss in income.
This is a highly complex and technical area of the law. Our firm has decades of experience in these types of claims. We have a list of experts who are equally experienced so we can choose the right fit for your case. We will handle the difficult technical work while you focus on what is important, your recovery.