If you have been involved in a pedestrian accident in Colorado, you may feel overwhelmed, confused, and unsure of the next steps to take. These feelings are entirely normal, and you do not have to navigate this challenging time alone. Law Firm of Mark S. Hanchey understands the emotional and physical toll such an event can bring, and we are here to provide guidance and support throughout the legal process. By focusing on the legal aspects of your claim, we can help you pursue a path toward a favorable outcome, so you can focus on your recovery.
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Free Consultation Download PDFUnderstanding Pedestrian Accidents in Colorado
Pedestrian accidents can result in devastating injuries due to the vulnerability of those involved. Unlike drivers or passengers in vehicles, pedestrians have no physical protection when they are struck by a car, truck, or other motor vehicle. Colorado law allows injured pedestrians to seek compensation for their damages, which can include medical expenses, lost wages, and pain and suffering. However, to secure compensation, you need to follow a structured process for filing a claim, ensuring all necessary legal steps are properly completed.
Seeking Immediate Medical Attention
After a pedestrian accident, your health and safety should always come first. Even if your injuries seem minor, it is crucial to seek medical attention promptly. Some injuries may not become apparent until hours or even days after the accident. A thorough medical evaluation not only ensures your well-being but also provides documentation that links your injuries to the accident. This documentation is essential if you decide to pursue a claim later.
Bridgette Carabajal
I've had the pleasure of working with Mr. Hanchey on two occasions, and each interaction has been nothing short of exceptional. His professional demeanor, coupled with the outstanding support from his staff significantly alleviated any anxieties I had. I am thoroughly satisfied with the outcomes achieved. Should the need for legal representation arise in the future, Mr. Hanchey will undoubtedly be my first choice.
Lucas Garcia
Mark Hanchey has been excellent. I spoke with him last minute before my court date. He still showed up to court with me and was very caring and helped me before I had even officially hired him. I felt like he cared about me and my case. He knows his craft very well and you can tell that the judge and other attorneys respect him when he is in court. He is also very kind. I recommend him to anyone. An excellent attorney.
Renee Braucht
I had an amazing experience with the Hanchey Law Firm! Mr. Hanchey got me the absolute best result I could have imagined for my case. I can’t even tell you how many times I’ve heard, “wow, you must have had a really good lawyer!” when discussing the result. I live far from Colorado Springs, but I will forever make the trip for this firm when I need them! Highly recommend!
David Walker
I have needed to use a lawyer a couple of times over the past several years and have used Mark Hanchey. He is a very down to earth person who has always treated me with dignity and has always been straight forward. His staff has also been professional and friendly. Each time I used Mark Hanchey the result was a positive one. I also think his fees are reasonable. I cant say enough good about Mark Hanchey.
Gathering Evidence at the Scene
The success of your pedestrian accident claim often depends on the evidence you collect. If possible, gather information at the accident scene. This can include taking photos of the location, your injuries, and any damage to the vehicle involved. Obtaining contact information from the driver, witnesses, and any law enforcement officers who responded to the accident is also critical. If you cannot gather this information yourself, a trusted friend or family member can help.
Reporting the Accident
It is important to report the pedestrian accident to local law enforcement as soon as possible. Colorado law requires drivers to stop and report accidents involving injuries. When the police arrive, they will create an official accident report. This report can serve as a valuable piece of evidence in your claim, providing an impartial account of what occurred. Be sure to obtain a copy of the report for your records.
Understanding Fault in Colorado Pedestrian Accidents
Colorado follows a modified comparative negligence system, meaning that the fault for an accident can be shared between the parties involved. If you are partially at fault for the accident, your compensation may be reduced by your percentage of fault. However, if you are found to be more than fifty percent at fault, you may not be eligible to recover damages. Determining fault can be complex, and it often requires the assistance of legal professionals to examine evidence, interview witnesses, and build a compelling case.
Filing a Claim with the Insurance Company
After a pedestrian accident, you will likely need to file a claim with the driver’s insurance company. This process can be intimidating, as insurance companies often aim to minimize payouts. When communicating with the insurer, it is important to remain cautious. Avoid making statements that could be interpreted as accepting blame, and do not agree to any settlements without fully understanding the extent of your damages. Insurance adjusters may try to offer a quick, low settlement that does not cover all your losses, so having legal guidance during this process is invaluable.
Documenting Your Damages
Accurately documenting all the damages you have suffered is a crucial part of building a strong claim. Keep detailed records of all medical bills, treatment plans, and expenses related to your recovery. Document any time you have missed from work due to your injuries, as well as the impact the accident has had on your daily life. Pain, emotional distress, and loss of enjoyment of life are also factors to consider when calculating the value of your claim. Having clear, organized records can help demonstrate the full scope of your losses.
Filing a Lawsuit if Necessary
In some cases, negotiations with the insurance company may not result in a fair settlement. If this happens, filing a lawsuit may be the next step. In Colorado, there is a legal time limit for filing a pedestrian accident claim, known as the statute of limitations. Generally, you have three years from the date of the accident to file your claim. Missing this deadline can bar you from recovering compensation, so it is essential to act promptly. An attorney can help you navigate the legal system and ensure all deadlines are met.
The Role of Witnesses in Your Claim
Witness testimony can play a significant role in the outcome of your pedestrian accident claim. Individuals who saw the accident occur may provide critical details that support your version of events. Witnesses can describe how the accident happened, the behavior of the driver, and any contributing factors like speeding or failing to yield. Their statements add credibility to your case and help counter any attempts by the other party to shift blame onto you. If possible, collect contact information for witnesses at the scene or ask law enforcement to include witness statements in their report.
The Impact of Traffic Laws on Pedestrian Accident Claims
Colorado’s traffic laws are an important consideration in determining fault and building a strong pedestrian accident claim. Drivers are required to exercise caution and yield the right of way to pedestrians in marked crosswalks and at intersections. Pedestrians, in turn, must follow laws designed to ensure their safety, such as obeying traffic signals and crossing streets at designated points. If a driver violates these rules and causes an accident, their negligence can be a key factor in establishing liability. Familiarity with these laws and how they apply to your case can make a difference in the outcome of your claim.
Navigating the legal process of a pedestrian accident claim can be complex and time-consuming, particularly if you are also dealing with physical and emotional recovery. An attorney can handle the legal aspects of your case, from gathering evidence and negotiating with insurance companies to representing you in court if necessary. With legal support, you can focus on healing while knowing that your rights are being protected and your claim is being pursued effectively.
Preparing for the Road Ahead
If you or a loved one has been injured in a pedestrian accident in Colorado, taking the first steps toward filing a claim can feel daunting. However, with the right legal guidance, you can confidently move forward, knowing that your case is in capable hands. At the Law Firm of Mark S. Hanchey, we are committed to helping our clients achieve successful outcomes and recover the compensation they deserve. Contact us today to discuss your case and begin your journey toward justice.