If you or a loved one gets in a pedestrian accident in Colorado Springs, CO, it can cause harmful damage. Colorado pedestrian accidents can take a toll on your body and emotions. Pedestrian accidents may also create unwelcome financial burdens like unforeseen medical expenses and uncertainty about your financial future because of time missed from work. A Colorado Springs personal injury lawyer can assure you during these difficult times.
Ganderton Law’s legal team of committed Colorado Springs Pedestrian Accident Attorneys will help you seek justice under Colorado law and make a financial recovery of the financial compensation you deserve.
Ganderton Law stands out because our firm is adept at handling pedestrian accident cases for pedestrian accident victims by offering a client-focused method with a proven track record of success. Colorado personal injury law professionals recommend consulting an experienced pedestrian accident attorney at Ganderton Law for your injury needs.
Colorado Springs Pedestrian Accidents
Pedestrian accidents in Colorado Springs are devastating according to the data compiled by the Colorado Department of Transportation that found there were 12 pedestrian fatalities in 2020.
Pedestrians often share the roadways with motor vehicles and that’s why Colorado Springs has prioritized pedestrian safety; however, accidents still occur. When preventable accidents happen, what you do next can affect the outcome of your injuries and other damages. This is where an experienced Colorado personal injury lawyer can be beneficial.
Right-of-Way in Pedestrian Accidents
Ganderton Law LLC uses our knowledge of Colorado Springs law to seek the best outcome for our clients. One of the main laws connected to pedestrian accident cases is the right-of-way.
Right-of-way determines who has the legal right to proceed along a specific route with precedence over other road users, including drivers, pedestrians, and bicyclists. Right-of-way is a complex legal subject.
Here are some of the basic tenets of right-of-way laws in Colorado:
Colorado Revised Statutes on Pedestrian Accidents
- (C.R.S.) 42-4-801 states that pedestrians must obey all applicable traffic control devices or the instructions of a law enforcement officer. At a device-controlled intersection, a pedestrian must yield at a Don’t Walk sign.
- C.R.S. 42-4-803 states that while using a crosswalk, pedestrians have the right-of-way as long as they are obeying applicable traffic control devices. However, when outside of a crosswalk, pedestrians must yield the right-of-way to motor vehicles.
- C.R.S. 42-4-807 says each driver has a duty of care to avoid colliding with pedestrians. Regardless of who has the right-of-way, a driver must avoid a pedestrian accident when possible.
When a driver fails to respect the right-of-way, that driver is legally responsible for the pedestrian accident that ensues according to Colorado law. Ganderton Law LLC understands Colorado’s right-of-way laws and how to apply them to your case. A seasoned pedestrian accident attorney in Colorado Springs will explain these laws during your personal injury case.
Common Elements of Pedestrian Accidents in Colorado Springs
The most common causes of pedestrian accidents include distracted driving and speeding. In cases where pedestrians were struck by cars, many drivers state that they did not see the victim. If an inattentive driver harmed you, you may be entitled to damages.
Common Pedestrian Accident Injuries
Pedestrians are unprotected in accidents that involve motor vehicles. When pedestrians get hit by cars, they tend to suffer the following serious injuries:
- Loss of limbs
- Broken bones and fractures
- Eye trauma
- Head injuries
- Neck and back injuries
- Organ damage and internal bleeding
- Road rash
- Severe lacerations
- Sprained or torn tendons, ligaments, or muscles
- Spinal cord injuries
- Traumatic brain injuries
The severe nature of being an injured pedestrian in a pedestrian accident claim makes it imperative to work with a Colorado Springs pedestrian accident attorney to represent you. Insurance companies will try to take advantage of people without legal representation and this could mean a lower settlement that does not cover your damages. Experienced pedestrian accident law firms can secure financial compensation to cover your costs, lost wages, and other damages.
Pedestrian Rights Under Colorado Law
Colorado laws typically protect pedestrians, including their right of way in crosswalks and intersections, and govern the responsibility of drivers to yield to pedestrians.
Colorado personal injury law professionals always recommend that pedestrians should:
- Always walk on marked crosswalks
- Yield to traffic when there is no crosswalk
- Yield to vehicles when there is a pedestrian tunnel or overhead crossing
- Follow traffic “walk” signals
- Never jaywalk
- Wear bright or reflective clothing in darker conditions
- Stay on the sidewalk
- Always look both ways before crossing
- Remain within painted lanes in parking lots or garages
When a driver fails to yield to a pedestrian who has the right of way, they can be held liable for any resulting accident injuries and damages.
Drivers should:
- Yield to pedestrians in marked crosswalks
- Yield to pedestrians at stop signs or flashing red lights
- Stop at crosswalks
- Signal turns using their turn signals
Typically, automobile drivers are held liable for accidents, catastrophic injuries, and fatalities involving pedestrians. However, sometimes pedestrian claims may be denied.
How Long Do You Have to File a Pedestrian Accident Lawsuit in Colorado?
When you have been injured in a pedestrian accident in Colorado Springs, Colorado’s statute of limitations gives you three years from the date of your accident to file a claim. The pedestrian accident case permits you to secure compensation for injuries and damages suffered in your pedestrian accident.
Not filing your lawsuit within the limitations period means your lawsuit can be permanently dismissed by the court. If this happens, you lose your right to pursue compensation from the driver who crashed into you.
Liability In Colorado Springs Pedestrian Accidents
When you are hit by a motorist while walking, that motorist can be held responsible for compensating you for the resulting damages. When one or more parties are liable for pedestrian accidents, negligent drivers and other parties could be held accountable for the injuries and damages. If a poorly marked crosswalk and lack of public safety measures caused your accident, then local municipalities and government entities can be held responsible.
Or, if you were injured by a commercial vehicle, the driver, their employer, or manufacturers can be liable depending on the circumstances of your damages. Pedestrian accidents involving multiple parties and commercial vehicles can be complicated due to applicable regulations and requirements mandated by state and federal laws. If you need evidence of regulation violations to support your negligence claim, consider hiring an experienced Colorado Springs accident attorney.
In a pedestrian accident case, the pedestrian and driver may share fault in an accident. Colorado law follows a modified comparative fault rule that means if you are found to be partially at fault for an accident, your compensation can be reduced proportionally to your level of fault. So if you are found 25% at fault, your compensation would be 75% of the whole. If you have been injured in a pedestrian accident, contact a dedicated pedestrian accident attorney at Ganderton Law LLC for a free consultation to learn more about your legal choices.
Pursuing Compensation for Colorado Springs Pedestrian Accident Injuries
If you were a pedestrian injured in a collision with a motor vehicle through no fault of your own, you are entitled to compensation for the injuries and damages you’ve suffered. Colorado Springs pedestrian accident damages often include the following expenses:
- Medical treatment costs
- Rehabilitation and physical therapy expenses
- Long-term care costs for those disabled
- Lost wages or lost earning capacity
- Pain and suffering
- Emotional suffering
- Loss of quality of life
- Permanent disability, disfigurement, or the inability to partake in actions you once could
The Legal Process of Pedestrian Accident Claims:
If you have been hit by a vehicle in Colorado Springs, take the following steps to protect your legal interests:
- Call 911 and get medical care if you have been injured or are in distress
- Contact the police so that they can prepare an accident report
- Get a copy of the accident report and the contact and insurance coverage of the other drivers involved
- Take photos or videos of the accident scene and any injuries you have suffered
- Visit your doctor so they can diagnose the injuries you’ve suffered
- Consult a trained pedestrian accident attorney about your legal rights and legal options
- Initiate the pedestrian accident claim process with the assistance of your attorney
Colorado Pedestrian Accident Legal Services
If you’ve been harmed in a pedestrian accident, your Colorado personal injury law firm can help you pursue maximum compensation by providing the following legal services:
- Investigate your accident
- Secure and gather evidence to support your claim
- Identify insurance coverages available to compensate you
- Work with expert witnesses to develop a persuasive legal argument
- Negotiate with the insurance companies to arrive at a just settlement that covers your damages
- Prepare your personal injury case for trial if that becomes necessary
- Advocate for your rights before a judge and jury
Talk To A Colorado Springs Pedestrian Accident Lawyer
Choosing Ganderton Law means working with a personal injury law firm that prioritizes your rights and well-being. The attorneys work tirelessly on your behalf to pursue justice in your settlement claim. Call us today to schedule your free consultation.
