Any car accident with injuries can be traumatic, but suffering injuries as a pedestrian is even more so because the circumstance is so unexpected. As you cross a street in downtown Colorado Springs, the last thing you think about is getting involved in a car accident. An unexpected collision with a motor vehicle can cause serious injuries, the repercussions of which can last a lifetime.
In Colorado, specific laws govern the relationship between pedestrians and drivers. Understanding these laws is crucial for pedestrian safety and for navigating the aftermath of being hit by a car, including medical bills and other life impacts.
If you suffer injuries as a pedestrian in Colorado Springs, here is what you need to know to receive compensation.
Overview of Colorado Crosswalk Laws
But before we discuss the compensation options available to pedestrians who have been hit by a car, it is vital to note the responsibilities that pedestrians bear when they walk down the street in Colorado Springs.
Right of Way in Crosswalks
Colorado law mandates that drivers yield to pedestrians in marked crosswalks. If you’re crossing the street within a crosswalk, vehicles must stop to allow you to pass safely.
Use of Crosswalks
When available, you should use marked crosswalks or intersections to cross streets. Jaywalking, or crossing in unmarked areas, is dangerous and against the law in Colorado.
Pedestrian Signals
Adhering to “Walk” and “Don’t Walk” signals at intersections is essential. These signals ensure your safety by guiding you when it is safe to cross.
Non-Crosswalk Crossings
In areas without crosswalks, it is your responsibility to yield to oncoming traffic. Doing so prevents accidents by ensuring you only cross when it’s safe.
Understanding these laws helps protect your safety and assert your rights, especially if you’ve been injured in an accident. Knowing that drivers are legally required to yield can be empowering and crucial in situations where you seek compensation for injuries as a pedestrian.
Common Causes of Pedestrian Accidents
Pedestrian accidents can occur for various reasons, but some common causes include:
Drivers Failing to Yield
Despite laws, some drivers fail to yield the right of way to pedestrians, especially when making turns at intersections or when pedestrians are crossing within a marked crosswalk.
Distractions
Both drivers and pedestrians can be distracted, whether it’s by mobile phones, music, or other factors, leading to a reduced awareness of their surroundings.
Poor Visibility
Pedestrian accidents are more likely to occur at night or during bad weather conditions when visibility is low. Wearing high-visibility or bright or clothing can help increase your visibility to drivers.
Ignoring Traffic Signals
Ignoring traffic signals can lead to dangerous situations for both pedestrians and drivers. Both parties must obey these signals to avoid accidents.
Understanding these common causes of car vs. pedestrian accidents can help you take preventive measures. And, if you suffer injuries as a pedestrian, familiarizing yourself with your rights and responsibilities as a pedestrian in Colorado is the first step towards securing the compensation you deserve.
Filing a Personal Injury Claim for Pedestrian Accidents
After experiencing injuries as a pedestrian in Colorado Springs, CO, navigating the process of filing a personal injury claim may seem daunting. Here is what you can expect during the process:
Determining Liability
The first step in seeking compensation for any personal injury is determining who is responsible for the accident. This begins with a thorough investigation to establish who was at fault. This might involve gathering evidence such as photos, videos, witness statements, and police reports.
Colorado’s modified comparative negligence rule means that even if you were partially at fault (up to 50% or less) you can still recover damages, albeit reduced by your percentage of fault.
Calculating Damages
In Colorado, you may seek economic, non-economic, and punitive damages for your injuries as a pedestrian. Economic damages cover tangible losses like medical bills, and non-economic damages compensate for pain and suffering.
Professionals such as doctors and economists may help estimate the damages. Your attorney can also use recent jury verdicts for similar cases to gauge non-economic damages.
You Might Like: What is the Average Time to Settle Personal Injury Claims in Colorado?
Understanding the Statute of Limitations on Pedestrian Accidents
Colorado sets a three-year statute of limitations for filing pedestrian accident claims. This period begins from the accident date, emphasizing the importance of timely action to preserve your rights.
Negotiating with Insurance Companies
To get the ball rolling, your personal injury attorney will submit a claim to the other driver’s insurance, including a demand letter detailing the accident and injuries.
Insurance companies may offer a lowball settlement initially. Your lawyer will then negotiate for a fair amount that maximizes your compensation.
If you are starting this claim journey, you should know that the negotiations with the at-fault party’s insurance carrier can be a long process. While you are waiting for a resolution, continue following the advice of your attorney and your healthcare team.
Must Read: What is the Role of Social Media in Personal Injury Claims in Colorado
Filing a Lawsuit for Injuries as a Pedestrian
If negotiations with the insurance company fail or if they deny the claim, filing a lawsuit might be the next step. Your attorney will make sure your injury claim is filed within the legal deadlines.
Dealing with the repercussions of a pedestrian accident requires understanding your rights, calculating damages accurately, and knowing when to seek legal recourse.
With the right personal injury attorney – one well-versed in Colorado’s pedestrian injury law – you can confidently pursue the compensation you need to cover your medical bills and other impacts on your life.
Why Hiring an Attorney is the Key to Maximum Compensation
When you’re dealing with the aftermath of your injuries as a pedestrian, selecting a skilled personal injury attorney with extensive experience in pedestrian accident cases and a strong track record of securing substantial settlements and verdicts is crucial to your success.
The right attorney should be knowledgeable about Colorado pedestrian laws and demonstrate a commitment to your case. This will ensure that you feel confident and supported throughout the legal process.
How a Lawyer Can Strengthen Your Case
There are at least four advantages to hiring a personal injury attorney to represent you in your claim:
Gathering and Organizing Evidence: Your attorney will collect critical evidence to support your claim, including police reports, eyewitness statements, and medical records. This organized presentation of facts is essential to prove your injuries as a pedestrian are the direct result of the negligence of the other party.
Expert Testimony: Lawyers often work with medical professionals and accident reconstruction experts whose testimonies can be pivotal in proving the extent of your injuries and the circumstances of the accident.
Related: The Role of Expert Witnesses in Colorado Personal Injury Cases
Negotiation with Insurance Companies: Experienced lawyers handle all communications and all negotiations with insurance companies to ensure you do not settle for less than you deserve. They are adept at countering lowball offers and can push for a settlement that covers all your medical expenses and personal losses.
Legal Representation in Court: Should negotiations fail, your personal injury lawyer is will represent you in El Paso County court. Their expertise in litigating pedestrian accident cases can significantly influence the outcome in your favor.
Expert Representation for Pedestrians in Colorado Springs
Having a dedicated pedestrian accident lawyer by your side can transform the complex process of claiming compensation into a more navigable journey. As your strong advocate, they will handle the burdensome legal tasks while providing emotional support so you can focus on your recovery.
The experienced and knowledgeable Colorado Springs accident and injury attorneys at King & Beaty, LLC will work tenaciously to get you the maximum compensation you deserve. If you have suffered injuries as a pedestrian, put our expertise to work for you. Contact King & Beaty today for your free consultation and case assessment.
