If you are reading this, chances are that you or someone close to you has been involved in a pedestrian accident at a crosswalk in Colorado. We understand that this is likely a time filled with confusion and worry, and we are here to help you navigate through this difficult time. The aftermath of a pedestrian accident can feel overwhelming, especially when it comes to understanding your legal rights and options. At our firm, we are committed to providing the support and guidance you need to understand what to do next, and most importantly, to help you pursue the best possible outcome for your case.
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Free Consultation Download PDFUnderstanding Pedestrian Accidents at Crosswalks in Colorado
In Colorado, pedestrians have the right of way when crossing at crosswalks. These areas are designed to provide a safe place for individuals to walk across busy streets, but unfortunately, accidents still happen. In many cases, drivers may fail to yield to pedestrians, leading to serious injuries or even fatalities. If you have been hit by a vehicle while crossing at a crosswalk, it’s important to understand the legal implications of your situation.
Pedestrian accidents can occur for many reasons, such as distracted driving, speeding, or driving under the influence of alcohol or drugs. In these situations, the responsibility often lies with the driver, but there are instances where the pedestrian may also share some fault. For example, if the pedestrian was jaywalking or failed to follow traffic signals, it could affect the outcome of the case. Understanding the specific details of the incident will be critical in determining who is at fault and how to move forward.
The Importance of Gathering Evidence After a Pedestrian Accident
One of the first steps in dealing with a pedestrian accident is gathering evidence. If you are able, document the scene by taking photographs of the area, including the crosswalk, the position of the vehicle, and any visible injuries. You should also gather contact information from any witnesses who may have seen the accident happen. If the police responded to the scene, be sure to request a copy of the police report, as this document can be crucial in establishing the details of the incident.
Witness statements can be particularly valuable in pedestrian accident cases, as they can help corroborate your version of events. If possible, try to speak with witnesses soon after the accident while their memory is still fresh. Their testimony may provide important insights into how the accident occurred and who may have been at fault.
Colorado’s Pedestrian Laws and How They Apply to Your Case
Colorado law places a high priority on pedestrian safety, especially when it comes to crosswalks. Under Colorado Revised Statutes, drivers are required to yield the right of way to pedestrians in marked crosswalks, unless otherwise directed by traffic signals. If a driver fails to yield to a pedestrian at a crosswalk, they could be held liable for any injuries or damages resulting from the accident.
It’s also important to note that pedestrians must exercise caution when crossing the street. Even though pedestrians have the right of way in crosswalks, they must still be aware of their surroundings and ensure it is safe to cross. If a pedestrian disregards traffic signals or crosses outside of a crosswalk, this could affect the case outcome. In Colorado, this is known as “comparative negligence,” which means that if both the pedestrian and the driver are partially at fault for the accident, the damages may be divided based on the level of fault of each party.
Determining Fault in Pedestrian Accidents at Crosswalks
One of the key questions in any pedestrian accident case is who is at fault. In some cases, fault is clear-cut, such as when a driver runs a red light and hits a pedestrian in a crosswalk. However, there are instances where fault may be less obvious, and this is where the help of a legal professional can make a big difference.
In Colorado, the law allows for shared liability, which means that both the pedestrian and the driver could be found at fault to some degree. For example, if the pedestrian was crossing outside of a marked crosswalk or was distracted by a mobile phone, they may be partially responsible for the accident. On the other hand, if the driver was speeding, texting, or running a red light, they could be fully or primarily at fault. A thorough investigation into the details of the incident is crucial in determining fault and building a strong case.
Seeking Compensation for Injuries in Pedestrian Accidents
If you have been injured in a pedestrian accident at a crosswalk, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other related damages. Colorado follows a “comparative negligence” rule, which means that if you are partially at fault for the accident, your compensation could be reduced by the percentage of fault assigned to you. However, even if you are partially responsible, you may still be able to recover damages.
The amount of compensation you may be entitled to depends on several factors, including the severity of your injuries, the cost of medical treatment, the impact on your ability to work, and the overall impact on your quality of life. For serious injuries, such as broken bones, head trauma, or spinal cord injuries, the compensation could be substantial, but it is crucial to work with a legal professional who can help assess the full extent of your damages.
What to Do If You Are Involved in a Pedestrian Accident at a Crosswalk
If you are involved in a pedestrian accident at a crosswalk, the first priority is to ensure your safety and seek medical attention if necessary. Even if you feel fine, it is still a good idea to get checked out by a healthcare professional, as some injuries may not show symptoms right away.
Once you are stable, it’s important to begin gathering information about the accident. This includes collecting contact details from the driver and any witnesses, as well as documenting the scene and speaking with the police. If possible, take photographs of your injuries and the accident scene to help establish the details of the incident.
Next, you should reach out to an attorney who can help guide you through the legal process. A skilled pedestrian accident lawyer can help you determine your legal options, negotiate with insurance companies, and fight for the compensation you deserve.
Why You Need Legal Help in a Pedestrian Accident Case
Pedestrian accidents can be complex, and it is essential to have a legal professional on your side to protect your interests. Insurance companies may attempt to minimize your compensation, and the driver at fault may try to shift the blame onto you. Having an experienced attorney who understands the nuances of pedestrian accident cases can help level the playing field and ensure that your rights are upheld.
At the law firm of Mark S. Hanchey, we are committed to providing the guidance and support you need to pursue a successful case result. We understand how difficult it can be to navigate the legal system while dealing with the physical and emotional impact of an accident. Our team is here to help you understand your legal rights, gather the necessary evidence, and work towards the best possible outcome for your case.
If you have been injured in a pedestrian accident at a crosswalk in Colorado, don’t hesitate to reach out to us. We are here to help you through every step of the process, and we will fight for the compensation you deserve. Contact us today to schedule a consultation and get started on your case.