Pedestrian Injuries and Deaths Are Rising. Here Is What You Need To Know.
In recent years, there has been a dramatic increase in Colorado Springs and neighboring cities in the number of people hit by cars and other vehicles while walking, leading to a rise in vehicle vs. pedestrian accident lawsuits. The injuries caused when a two-ton machine slams into an unprotected and unprepared person are often catastrophic or fatal. And sadly, more Coloradoans are learning this brutal lesson every year.
If you suffered injuries or are coping with the loss of a loved one in a vehicle vs. pedestrian accident, you’re likely going through an extremely difficult ordeal. As you try to recover or process your grief, it is important to understand that you are not alone and that there are options available to compensate you for your current and future losses.
Until then, here are answers to some of the most common questions we get about these often tragic accidents:
How common are vehicle vs. pedestrian accidents?
Sadly, pedestrian injuries and deaths are going up – way up. According to an analysis of National Highway Traffic Safety Administration data by the AAA Foundation for Traffic Safety, U.S. pedestrian deaths rose a shocking 53 percent between 2009 and 2018 (from 4,109 to 6,283).
Surprisingly, even with the overall decline in drivers on the road during the COVID-19 pandemic, there was an increase in vehicle vs. pedestrian accidents. According to the Governors Highway Safety Association, 6,721 pedestrians died in accidents with vehicles in 2020, up from the 6,412 fatalities reported in 2019. In Colorado, 92 pedestrians died in 2020, a 21 percent increase from the previous year.
What causes vehicle vs. pedestrian accidents?
One of the leading contributors to the increase in vehicle vs. pedestrian accidents in the Colorado Springs region is the use of smartphones by both drivers and pedestrians, causing distractions for all involved.
Some of the most common causes of vehicle vs. pedestrian accidents include:
- Distracted driving
- Drunk driving
- Speeding
- Failing to account for poor weather or inadequate lighting
- Back–up accidents, such as in parking lots or driveways
- Failing to stop at a sign or signal
- Failing to yield the right of way
- Left–hand turns, with the driver focused on oncoming traffic and not crossing pedestrians.
Related Reading: How Does Colorado Define Negligent Driving in Accident Lawsuits?
Is the driver automatically at fault in a vehicle vs. pedestrian accident?
Not necessarily. While negligent drivers are usually responsible for a vehicle vs. pedestrian accidents, a careless pedestrian can sometimes be at least partially to blame for an accident if they fail to cross at a designated crosswalk or otherwise disobey traffic and safety rules. This can result in injuries to drivers and passengers who may have to take evasive action and wind up in a collision with other vehicles or objects.
What if an uninsured motorist or hit-and-run driver caused my injuries?
Many pedestrians injured by an uninsured driver or in a hit-and-run accident understandably (but mistakenly) believe that they won’t be able to obtain compensation for their injuries. However, if your car insurance policy includes uninsured motorist/underinsured motorist coverage (UM/UIM) coverage, you may be able to get compensation from your own insurer for injuries you sustain in a vehicle vs. pedestrian accident.
That being said, even though all auto-insurers in Colorado must provide UM/UIM coverage in an amount at least equal to the policyholder’s liability coverage for bodily injury, a driver can choose to decline this optional coverage.
How long do I have to file a vehicle vs. pedestrian accident lawsuit in Colorado?
Under Colorado law, a pedestrian injured in a vehicle vs. pedestrian accident generally has three years from the date of the incident to file a lawsuit against the negligent driver and their auto-insurance provider seeking compensation for injuries and losses. However, time limits can be shorter under certain circumstances. That is why it is so important to meet with an attorney as soon as possible after your accident. If you don’t file your vehicle vs. pedestrian accident lawsuit within the applicable statute of limitations, you won’t be able to recover any damages from the negligent driver who caused your injuries.
What should I do after a vehicle vs. pedestrian accident?
After a vehicle hits you as you are walking, try to take the following steps:
- Get medical attention, even if you don’t think you’re badly hurt.
- Exchange contact and insurance information with the drivers involved.
- Gather evidence, including pictures of the accident scene and the names and telephone numbers of any witnesses.
- Notify your auto insurance company, especially if you were hit by a driver who fled the scene or an uninsured driver.
- Call a Colorado Springs car accident lawyer immediately, even if attorneys and lawsuits are the last things on your mind. There are strict time limits for filing vehicle vs. pedestrian accident lawsuits in Colorado, and a personal injury lawyer can help protect you and your rights, evaluate your situation, and advise you of your options.
Hurt in a Vehicle vs. Pedestrian Accident? Speak With a Colorado Springs Personal Injury Attorney Today
At King & Beaty in Colorado Springs, we offer free initial consultations for pedestrians hurt by negligent drivers. We look forward to the opportunity to meet with you, learn about your accident, answer your questions, and explore whether you may be able to obtain compensation in a vehicle vs. pedestrian accident lawsuit.
