Imagine you’re driving to work or to pick up your kids when another vehicle hits you. When you go to exchange information with this driver, you notice that they are barefoot. You may be wondering, is driving barefoot legal in Colorado?
Before you file your insurance claim against this at-fault driver, you should understand the law on driving barefoot. Ganderton Law LLC is a personal injury law firm focused on putting the personal back into personal injury. We help injured victims of car accidents get the compensation they deserve.
With previous experience working on insurance defense, our unique perspective allows us to fight for your rights and counter the tactics of insurance companies.
Colorado Law on Driving Barefoot
Technically, no law in Colorado forbids driving without shoes. Therefore, anyone driving in Colorado can legally operate a motor vehicle while barefoot.
Barefoot driving legality is the subject of many popular myths and misconceptions. Here is a look at the more common myths that revolve around driving without shoes to help you get the facts:
Myth: Driving Without Shoes Is Illegal
There are no laws that prohibit Colorado drivers from driving barefoot. You are legally permitted to drive without shoes on your feet.
Myth: You Can Get a Ticket for Driving Barefoot in Colorado
A police officer can’t see that a driver isn’t wearing shoes when they pull them over for a traffic stop. The officer must have a reason to stop that vehicle, such as observing them going above the speed limit or failing to come to a complete stop at a stop sign.
When a police officer pulls someone over, they are not going to be ticketed for not wearing shoes. It may be listed in the details of the traffic infractions committed if it is relevant to their manner of unsafe driving. However, they will likely receive a ticket for violating other traffic laws.
Myth: Your Insurance Company Won’t Cover You for an Accident If You Were Driving Without Shoes
Insurance policies do not dictate what a driver should wear, including shoes. Any driver who wasn’t wearing shoes at the time of their accident should still be covered unless they were violating the terms of the policy or engaging in illegal activities. Since there is no law on driving barefoot in Colorado, driving without shoes is not illegal.
Even though there are no laws on the matter, it doesn’t mean Colorado drivers should start driving without shoes. There are many good reasons why it’s better to have shoes on for the task of driving.
Safety Concerns for Driving Without Shoes
When someone gets behind the wheel of a vehicle without shoes on, it could pose problems that compromise the safety of the driver and all others on the road.
Easier for Feet to Slip
The soles of shoes provide a firmer grip than bare feet can provide. Feet can get sweaty or wet, making it easier for them to slide off the brake or accelerator and lose control of the car.
Greater Potential for Injury in a Crash
A driver who doesn’t have shoes on their feet is more likely to cause an accident due to a lack of firm control on the pedals. Even if they aren’t at fault, they lack protection for their feet. Without shoes, debris from the accident can cause serious cuts or bruises. Shoes can provide extra protection to help minimize the chances of fractures in the feet and ankles.
Contributes to Delayed Response in Emergencies
If someone isn’t wearing shoes and needs to hit the brakes to stop for debris on the road, they may have a delayed response time.
Lack of Protection from Fluctuating Weather Changes
Colorado’s winters produce cold temperatures, ice, and snow. Putting bare feet onto car pedals can be uncomfortable and may make it difficult to keep feet in place. Summer’s heat often leads to hot pedals or contributes to sweaty feet that can easily slide off the brake or accelerator.
While it’s perfectly legal to drive barefoot in Colorado, it is certainly not advised. It’s always best to wear shoes, though the type of shoes also matters. Flip flops and sandals may cause issues as they can slide off and get wedged under the pedals. High heels may also be problematic because they can make it more awkward to keep your feet on the proper pedals. Still, wearing shoes is better than going barefoot.
Can Driving Without Shoes Affect a Car Accident Claim?
It may not be illegal to drive barefoot in Colorado, though it can cause issues in a car accident claim. If the other driver wasn’t wearing shoes at the time, it could be considered a factor in the crash.
Since drivers must have the ability to maintain control of their cars, it could be argued that the at-fault driver’s lack of footwear contributed to the accident. Officers who arrive on the accident scene may include this in their report, especially if they believe that the other driver could have maintained control of the pedals if they’d been wearing shoes.
Colorado is an at-fault state when it comes to insurance, which means that the driver who caused the car accident will be held responsible for injuries and damages caused to the other driver. If you were obeying all traffic laws at the time, this barefoot driver may be assigned the full fault of the accident.
However, if you were the one not wearing shoes, even if the other driver crashed into you, you might be assigned a percentage of the fault. This percentage is determined by the evidence on the accident scene, the details in the police report, statements from witnesses, and available traffic camera footage.
Colorado follows a modified comparative negligence rule that only permits someone to recover damages if they are less than 50% at fault for the accident. If you did nothing wrong, followed the laws, and had your shoes on, you’re less likely to be blamed. If the only thing you did was not put on shoes before getting behind the wheel, you may be given a small amount of blame, perhaps 10%. When the total damages are calculated and rewarded, you will receive 90% of that amount.
What happens if your accident was caused by a driver without footwear? The steps below can help you get started on your personal injury claim in this type of car accident.
What to Do If You Were in a Car Accident with Someone Who Was Driving Without Shoes
When the other driver isn’t wearing shoes at the time of the accident, you need to take the right steps to protect your legal rights and ensure you are compensated.
Call the Police to Report the Crash
Whether someone is wearing shoes or not, it is vital to report any major accident to the police. They will send officers to assess the scene and file a police report. When you call 911, be sure to notify them of any injuries, including your own.
Get Medical Care
A shoeless driver may have changed your plans for the day, but don’t rush off without first seeking medical treatment. In some cases, it may be obvious you are badly injured and need medical attention. However, in the absence of bleeding wounds or noticeably broken bones, do not assume that you are fine.
Car accidents can exert intense force on your body, and you may not realize that you have a hidden injury. Traumatic brain injuries and internal bleeding often have no noticeable outward signs, and each of these can turn deadly if left untreated. Going to the hospital, urgent care, or even your own doctor will create a medical record of your injuries, which you’ll need for your car accident claim.
Get the Evidence
If you can, take photos and videos of the accident and your injuries. Also, collect the contact information of any witnesses. Perhaps other drivers noticed that the at-fault driver was not wearing shoes either and can help back up your claim.
Never Point the Finger at the Other Driver or Yourself
Whether you’re not sure what exactly happened or you know the other driver caused the crash, never mention this on the accident scene. Blaming another person, even if it is true, is fruitless at this stage. Furthermore, never apologize since it can be twisted as an admission of fault.
Contact an Attorney Who Represents Colorado Car Accident Victims
Finally, make sure you speak with an attorney who understands the laws in the state and how to best protect your legal rights. Contact Ganderton Law LLC to discuss your barefoot driving car accident in a free consultation.
