Colorado Springs Pedestrian Accident Lawyers

What Is a Pedestrian Accident Claim?

In Colorado Springs, pedestrian accidents can have devastating consequences, leaving victims with severe injuries and mounting expenses. When a driver fails to yield the right of way and strikes a pedestrian, the injured party has the right to pursue a legal claim for financial compensation. This type of claim seeks to hold the at-fault driver accountable for their actions and to secure the monetary relief the victim needs to cover medical bills, lost wages, and other related costs.

Often, insurance companies may offer a settlement to resolve the claim outside of court. However, in some situations, it may be necessary to take the case to trial to ensure that the victim receives fair compensation. If you or a loved one has been injured in a pedestrian accident, working with an experienced pedestrian accident attorney is crucial. An attorney can help you navigate the legal process, advocate on your behalf, and strive to achieve the compensation you deserve while holding the responsible party accountable for their negligence.

Who Can Be Held Liable For My Injuries?

Generally speaking, the person who acted negligently and caused the injuries is the liable party. A person acts with negligence when they have a duty to behave a certain way, they fail to do so, and as a result their behavior causes injuries to another person. 

However, pedestrian accidents can involve multiple liable parties. While negligent motor vehicle drivers are frequently held responsible for causing pedestrian injuries and damages, other entities may also bear liability. For instance, municipalities have a duty to ensure the safety of their citizens. If your accident was caused or exacerbated by poorly marked crosswalks, inadequate pedestrian safety measures, or a government vehicle, the responsible government entity may also be held accountable.

In cases where a commercial vehicle is involved, both the driver and their employer may be liable for your severe injuries. Pedestrian accidents involving commercial vehicles are often complex due to the various regulations and requirements set forth by state and federal laws. For example, commercial drivers are restricted in the number of hours they can drive per day and across consecutive days. Additionally, regulations govern driver training, vehicle weight, and maintenance standards. Violations of these regulations can serve as critical evidence to support your negligence claim.

Who Has the Right-of-Way?

Right-of-way refers to the legal right of a person or vehicle to proceed with precedence over others in a particular situation or location. It determines who has the lawful authority to move first in various traffic scenarios, such as at intersections, crosswalks, or when merging lanes.

For pedestrians, right-of-way typically means they have the legal priority to cross streets at marked crosswalks or intersections. For drivers, it may mean yielding to other vehicles or pedestrians in specific circumstances, like when another vehicle is already in the intersection or when a pedestrian is crossing the street. Failing to yield the right-of-way when required by law can result in traffic violations and is often a factor in determining fault in traffic accidents.

In Colorado, there are several statutes that deal with right-of-way. 

Section 42-4-801 – Pedestrian obedience to traffic control devices and traffic regulations

Section 42-4-803 – Crossing at other than crosswalks

Section 42-4-807 – Drivers to exercise due care

How Can I Collect Compensation For My Pedestrian Accident Injuries in Colorado Springs?

The most common source of compensation in a personal injury case is an insurance policy. Most often there will be one or more insurance companies involved in a pedestrian accident case. Determining which insurance policy applies in your situation is best left to a personal injury attorney. 

You also should be very careful about giving any statements to insurance companies following an accident. You can be sure that they are formulating their deference as soon as the accident has been reported. This is part of the reason why it’s important to hire a personal injury attorney as soon as possible after the accident. An attorney will notify all parties involved that you have retained the attorney as a representative and from there on, the insurance companies will have to communicate with the attorney. 

What Are Common Causes of Pedestrian Accidents?

Pedestrian accidents in Colorado, as in many other places, can occur due to a variety of factors. Some of the common causes include:

1. Distracted Driving: One of the leading causes of pedestrian accidents is distracted driving. This includes activities like texting, using a smartphone, eating, or adjusting the radio while driving, which divert attention from the road.
2. Speeding: Excessive speed reduces a driver’s reaction time and increases the severity of injuries when a pedestrian is struck. Speeding is a significant factor in pedestrian accidents, particularly in urban areas.
3. Failure to Yield Right of Way: Drivers who fail to yield the right of way at crosswalks or intersections often cause pedestrian accidents. This is particularly dangerous in areas with high pedestrian traffic.
4. Drunk or Impaired Driving: Driving under the influence of alcohol or drugs is a common cause of pedestrian accidents. Impaired drivers have slower reaction times and impaired judgment, making it more likely for them to hit pedestrians.
5. Poor Visibility: Accidents often occur when visibility is low, such as at night, during bad weather, or in poorly lit areas. Pedestrians may be difficult to see, especially if they are wearing dark clothing.
6. Jaywalking or Improper Crossing: Pedestrians crossing streets outside of designated crosswalks, or suddenly entering the roadway, can increase the likelihood of being struck by a vehicle.
7. Left-Hand Turns: Drivers making left-hand turns at intersections may focus more on oncoming traffic than on pedestrians crossing the street, leading to accidents.
8. High Traffic Areas: Areas with high traffic volumes, such as downtown areas or near schools and shopping centers, tend to have more pedestrian accidents due to the increased interaction between vehicles and pedestrians.
9. Backing Up Accidents: Drivers who are backing out of driveways or parking spaces may not see pedestrians behind them, leading to accidents.
10. Weather Conditions: Snow, rain, and ice can create hazardous conditions for both drivers and pedestrians. Slippery roads can make it difficult for vehicles to stop in time to avoid hitting a pedestrian.

What Types of Injuries Do Pedestrian Accident Victims Suffer?

1. Bone fractures
2. Bruising and contusions
3. Chest injuries and rib fractures
4. Hip fractures
5. Internal organ damage
6. Lacerations
7. Lower extremity injuries
8. Pulled muscles
9. Spinal cord injuries 
10. Traumatic brain injuries (TBIs)

Call Jordan Law For a Free Consultation About Your Pedestrian Accident

Call Jordan Law today for a free consultation. We’re always free to speak to and if you don’t want to hire us for any reason, we’ll give you the names of other firms we respect to treat you with dignity and professionalism.

In addition to helping Colorado Springs accident victims, we also serve pedestrian accident clients in Denver, Fort Collins, and elsewhere across Colorado.