There is no reason a vehicle should ever strike a pedestrian if all parties obey the rules of the road. The designs of Colorado’s streets, sidewalks, and intersections make it so that either pedestrians or motorists have the right-of-way at a time, never both at once. The only time vehicles cross the paths of pedestrians is when one or both parties ignore the rules. Since motor vehicles have all the power in these types of collisions, it is drivers that owe the higher standards of care to pedestrians.
If a driver recently hit you while walking in Denver and you were injured, learn your rights. Talk to a Denver pedestrian accident lawyer at Jordan, Herington & Rowley. Call us for a free consultation at (303) 465-8733.
Why Choose to Work With A Denver Pedestrian Accident Attorney?
- We are hard-hitting trial attorneys ready to go to bat for you during insurance claims and personal injury lawsuits in Colorado.
- Our Denver pedestrian accident lawyer is dedicated, passionate, and will always put the needs of the client first.
- We work primarily on contingency which means we only get paid if our clients get paid. The other way that attorneys get paid is by billable hours. This means you get charged money regardless of whether you win or lose.
Do You Need a Pedestrian Accident Lawyer in Denver?
Motor vehicle drivers should always be attentive and watchful for crossing pedestrians. Yet in some cases, a car accident isn’t entirely the driver’s fault – it’s because of an unsafe or poorly designed intersection. Denver government is responsible for the safety of vulnerable road users like pedestrians. They must design safe intersections and install devices such as crosswalk signals as necessary to ensure pedestrian protection. Badly designed intersections can increase the risk of pedestrian-vehicle collisions, making crossings confusing and unsafe.
If this is the case, victims might have grounds to sue the government for damages. You might be able to hold more than one party responsible for you or a loved one’s recent accident. To explore your rights with help from experienced, trial-tested attorneys, call the personal injury attorneys in Denver at Jordan, Herington & Rowley.
Common Injuries in Denver Pedestrian Accidents
A collision with a motor vehicle can have devastating impacts on a pedestrian. The sheer size and weight of these vehicles can contribute to severe injuries, including the following.
- Broken bones and fractures
- Soft tissue injuries, including sprains and contusions
- Cuts, bruises, and lacerations
- Traumatic brain injuries
- Spinal cord injuries
- Internal organ damage
- Emotional trauma
These injuries often require extensive, a lengthy treatment that can contribute to lifelong complications. However, you can collect compensation to pay for your injuries through a personal injury lawsuit or insurance claim.
Common Causes of Pedestrian Collisions
According to the Colorado Department of Transportation, 76 pedestrians died in accidents with motor vehicles in 2019 alone. Many dangerous driving behaviors can lead to a pedestrian collision, including the following.
- Driving while under the influence of alcohol or drugs
- Failure to yield to the right of way
- Distracted driving, including the use of electronic devices
- Unsafe left-hand turns
- Driving while sleepy
- Unmarked crosswalks
- Dangerous weather conditions
- Reversing a vehicle without checking for pedestrians
- Aggressive driving behaviors
Identifying the cause of your accident is the first step to seeking compensation for your injuries. Speak to an attorney at Jordan, Herington & Rowley as soon as possible to begin your investigation.
Who Is At-Fault in a Pedestrian Accident?
Since Colorado follows a traditional fault-based system, you will need to determine who is responsible for your pedestrian accident before you can file your claim. The person responsible for your damages must compensate you for your losses, under Colorado law.
To determine who is at-fault for the crash, you will need to identify the cause of the accident and whose negligence is responsible for this cause. In many pedestrian accident cases, the person who is at-fault for your accident is the driver who crashed into you, but you may also hold other entities accountable, such as government agencies, cyclists, or negligent landowners.
After determining who is at-fault, you will need to establish the presence of negligence in your case. To do so, you and your lawyer will need to gather evidence to support the following four elements.
- The at-fault party owed you a duty of care at the time of the accident.
- He or she breached the duty of care in some way.
- This breach of care directly caused your injuries.
- You can claim damages for your injuries in your lawsuit.
What Damages Can You Claim?
You can claim economic and non-economic damages in your pedestrian accident lawsuit or insurance claim. Economic damages are the out of pocket losses you incur, and non-economic damages refer to your physical and emotional pain and suffering due to the accident.
Your Denver pedestrian accident attorney can help you understand which damages you qualify for and the estimated amount of your settlement. Common types of damages in pedestrian accidents include the following.
- Lost wages and loss of future earnings
- Disability accommodations
- Past and future medical expenses
- Property damage
- Loss of quality of life
- Mental anguish
- Depression, anxiety, and post-traumatic stress disorder
- Physical therapy costs
How Long Do You Have to File a Claim in Colorado?
If you want to file a personal injury lawsuit for your pedestrian accident, you will have to adhere to Colorado’s statute of limitations. This rule sets a deadline by which you must file your lawsuit, or the court will dismiss your claim.
You have two years from the date of your accident to file your lawsuit. There are some exceptions to this rule, but in most pedestrian accident cases, these do not apply. Contact an attorney from Jordan, Herington & Rowley to discuss your legal options and your specific statute of limitations.
What to Do After a Colorado Pedestrian Accident
There are things you can do to strengthen your claim to compensation, starting in the first minutes and hours after the collision. Our Denver pedestrian accident attorney will be more than happy to walk you through the steps of a claim when you call to request a free consultation. In the meantime, keep these three steps in mind as general guidelines for what to do after a collision:
- In Colorado, it is the law to call the police and report a crash if it causes any injuries or property damage, whatsoever. When the police arrive, make sure to give them your side of the story.
Seek medical attention ASAP
- Do not wait to see a doctor, even if you feel fine. Head injuries are common in pedestrian accidents, as are broken bones. Go to the hospital for medical care, and keep copies of your medical records and documents.
Review your rights with a lawyer
- Get help from Jordan, Herington & Rowley in reviewing your rights and opportunities for financial recovery after a Denver driver strikes you with a vehicle. As a vulnerable road user, you likely have grounds to sue an at-fault driver for negligence.
Bringing a personal injury claim against the driver could result in full compensation for your accident-related hospital bills, attorney’s fees, lost income, pain and suffering, and other damages. It could also show the negligent driver that his or her actions have consequences.
A Denver pedestrian accident attorney can help you file a claim with the civil courts in Denver, or to negotiate a fair settlement with the driver’s insurance company. We can be here for you in many different capacities after you suffer injuries in a pedestrian accident.
What Are Common Causes of Pedestrian Accidents?
Common ways that negligent drivers cause pedestrian accidents are:
- Distracted driving
- Failing to stop or yield
- Driving under the influence
- Left-hand turns on crosswalks
What Are Common Injuries?
Common injuries sustained in a pedestrian collision include:
- Head trauma
- Internal injuries such as rib fractures and internal bleeding
- Spinal cord injuries
- Bone fractures
- Wrongful death
The Most Dangerous Intersections for Pedestrians in Denver, CO
All pedestrians in the Denver area should know the most dangerous intersections. Denver Mayor Michael Hancock revealed the findings of an analysis of pedestrian accidents in Denver for 2015, and the study showed the most dangerous intersections in Denver for pedestrians, which include:
- Colfax Avenue and Pennsylvania Street. The only street on the list with more than two lanes is Colfax Avenue, and the study reported six accidents within the intersection and another ten nearby.
- South Colorado Boulevard and East Mississippi Street. This intersection was the scene of seven accidents in or near the intersection during the studied time period.
- South Lincoln Street and Speer Boulevard. This intersection also had seven accidents in or near the intersection during the same time.
- North Federal Boulevard and West 10th This intersection also tied with the previous two with seven accidents in or near the intersection during the reviewed timeframe.
- 13th Avenue and Broadway. There were seven accidents in this intersection and ten nearby during the study period.
- South Federal Boulevard and West Kentucky Avenue. Between 2014 and 2016, three of nine fatal pedestrian accidents occurred in this intersection. There were eight accidents within the intersection and another nine nearby during the study period.
- South Federal Boulevard and West Florida Avenue. This intersection witnessed 78 crashes in a four-year period and nine accidents in the intersection during the study period.
- Colfax Avenue and Broadway. There were 11 accidents in or near this intersection during the studied timeframe.
- Colfax Avenue, Franklin Street, and Park Avenue. This three-way intersection experienced 11 accidents in the intersection and another 12 nearby during the study period.
- 20th and Market Street. This is statistically the most dangerous intersection in the area, with 13 accidents in the intersection and 20 nearby during the study period. Over the last several years, about half of all pedestrian accidents occurred at this intersection.
Anyone driving in Denver should use extra caution at these intersections, and pedestrians should be especially careful. In addition to avoiding intersections known to be hazardous to pedestrians, there are a few other best practices a pedestrian may use to limit his or her chances of experiencing a serious accident.
Tips for Avoiding Accidents as a Pedestrian
If you are a pedestrian in Denver, there are a few best practices you should follow to minimize your chances of suffering serious injuries in an accident. It’s vital for pedestrians to remember they are harder to see than vehicles, and inattentiveness and illegal street crossing can greatly contribute to pedestrian accidents.
1. Only Cross the Street When Safe to Do So
Pedestrians should always cross intersections at designated crosswalks, but only when it is safe to do so. Wait for the “Walk” indicator to illuminate before stepping into the street, and take care to look both ways before crossing even if you have the right-of-way. A driver who is not paying attention may run through an intersection without regard for pedestrians. Headphones can limit your situational awareness, so it is always best to refrain from using them around busy intersections.
2. Be visible
Pedestrians can also limit their chances of suffering injuries from cars by making themselves more visible. This can include sticking to illuminated walking paths, wearing reflective clothing at night and making eye contact with drivers before crossing in front of them.
3. Don’t Jaywalk
It’s also vital to avoid jaywalking. Jaywalking is crossing a street outside of the designated crosswalk. Although a minor infraction, it is still illegal and may lead to a citation from a police officer. Additionally, jaywalking can mean stepping out in front of drivers who do not expect to see a pedestrian in the middle of the road. Under Colorado’s negligence laws, a pedestrian who suffers an injury due to jaywalking will likely absorb some degree of fault for his or her damages.
Get Justice. Call Our Denver Pedestrian Accident Lawyer Today
Talk to our pedestrian accident lawyers in Denver at Jordan, Herington & Rowley after suffering a Denver accident. Our attorneys will fight on your behalf to make sure you are financially compensated for your injuries. Call us at (303) 465-8733 for a free consultation.