Safeguarding Pedestrians: Your Rights and Recourse
Post date :
February 3, 2024
Founder, Western Slope Law
The picturesque streets and trails of Western Colorado invite locals and visitors alike to explore its beauty on foot. However, the serenity of these walks can be shattered in an instant by a pedestrian accident. Such incidents not only cause physical injuries but also emotional and financial strain. At Western Slope Law, we specialize in providing compassionate and effective legal representation to pedestrians injured due to someone else's negligence.
Pedestrian Fatalities Are On The Rise In Colorado
According to data released by the Colorado Department of Transportation (CDOT), pedestrian fatalities skyrocketed to a record high in 2023. In the last decade, pedestrian deaths have doubled in Colorado such that they now represent 18.6% of Colorado's total roadway fatalities. For example, in 2013 there were just 52 pedestrian fatalities in Colorado compared with 133 such deaths in 2023. More than 70% of all pedestrian deaths in Colorado occur at night or in low-light conditions.
The marked uptick in pedestrian injuries and fatalities is linked to motorists who assume that pedestrians aren't out at night, as well as a surge in distracted driving as drivers text or use other apps behind the wheel.
The rise in pedestrian injuries has prompted some cities to take action to protect pedestrians. This includes updated infrastructure like cross-walks and dedicated pedestrian/bicycle lanes. Basalt, in particular, is taking measures to improve pedestrian safety. Further, in February 2024, one Denver city councilwoman proposed a ban on right-hand turns at red lights—similar to bans imposed by Seattle and Washington, D.C—as a step to protect pedestrians.
Compensation in Pedestrian Accident Cases
Pedestrian accidents involve a person on foot being struck by a vehicle, leading to injuries that can range from minor to life-threatening. In the aftermath of such an event, it's crucial to understand the key aspects that affect the outcome of a legal claim.
Common Causes of Pedestrian Accidents:
Distracted driving, such as texting or talking on the phone
Failure to yield at crosswalks or running red lights
Speeding in pedestrian-heavy areas
Driving under the influence of alcohol or drugs
Failing to maintain a proper lookout for pedestrians at night or in low-light conditions
Injuries in Pedestrian Accidents: The exposed nature of pedestrians often means that they sustain severe injuries in accidents with cars and trucks, including fractures, traumatic brain injuries (TBIs), spinal cord injuries, and, in tragic cases, fatalities.
Legal Rights of Pedestrians: Pedestrians have rights on the road, including the right-of-way in all marked crosswalks without dedicated traffic signals. Additionally, certain municipalities like Aspen have regulations granting additional right-of-way protections to pedestrians. When these rights are violated, and an injury occurs, the pedestrian may have a claim against the driver or other parties for damages.
Compensation in Pedestrian Accident Claims: Victims may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. The extent of compensation depends on the severity of the injuries and the impact on the victim's life.
Colorado Pedestrian Right-Of-Way Laws
Colorado's pedestrian right-of-way laws play a major role in determining liability following a motor vehicle crash involving a pedestrian. A Colorado statute, C.R.S. section 42-4-802, addresses pedestrian right-of-way in many situations:
First, drivers must yield the right-of-way to all pedestrians when a pedestrian is entering the roadway at a cross-walk without dedicated traffic signals. Drivers can only enter the cross-walk if pedestrians have safely crossed the cross-walk and the pedestrian would not be endangered by the vehicle proceeding.
Second, pedestrians have the right-of-way when they have a walk signal at cross-walks with dedicated traffic signals, but pedestrians must follow "walk" and "don't walk" signals.
Third, pedestrians can make a "Denver crossing," which is crossing from one corner of an intersection to another, when they have a walk signal and traffic is stopped in all directions.
Fourth, pedestrians must yield the right-of-way to any vehicles that are legally traveling through a roadway without cross-walks and should use a sidewalk or dedicated pedestrian lane whenever one is available—pedestrians cannot jump into a roadway or suddenly leave the sidewalk and enter the roadway when motorists have the right-of-way.
Finally, motorists cannot attempt to overtake or pass a vehicle that has stopped in the roadway to allow a pedestrian to cross the street—even if it's unclear whether the pedestrian has the right-of-way.
Finding a Lawyer for Your Pedestrian Accident Claim
Experience and Expertise
Our team at Western Slope Law brings years of experience in handling pedestrian accident cases. We understand the complexities of these claims, we know the state law and local regulations, we've dealt with common issues surrounding liability and damages in pedestrian accident cases, and we understand the nuances of Colorado law that can affect your case.
Personalized Attention
We're the lawyer that other lawyers hire when they need to win. We don't just prepare to win; we prepare to crush our opponents at trial. We have a long history of multi-million dollar settlements and trial judgments, dozens and dozens of landmark cases that changed Colorado law for the better, and a reputation of being extremely hard to beat.
Each case is unique, and we provide personalized attention to understand the details of your accident and the impact it has had on your life. We gather all of your medical records, obtain any police reports, investigate every angle, depose fact witnesses to gain useful evidence, hire our own liability experts when appropriate, and hire damages experts when necessary to ascertain and quantify certain aspects of your damages like the future value of lost wages over your earning career.
We limit the number of cases we take, litigate every case as if it were our own, and have an unyielding commitment to our craft. If you see us in action, you'll be glad that we're your lawyer. We think this approach ensures the best results and highest settlements for our clients.
No Upfront Costs
We operate on a contingency fee basis, meaning you don't pay unless we win your case. This policy allows you to focus on your recovery without worrying about legal fees.
Steps to Take After a Pedestrian Accident
Seek Medical Attention: Health comes first. Even if injuries seem minor, it's crucial to get a medical evaluation right away.
Report the Accident: Ensure the accident is reported to the police. An official report can be vital to your claim.
Document Everything: Take photos of the scene, your injuries, and gather contact information from witnesses and involved parties if possible.
Consult a Lawyer: Before speaking to insurance companies, consult with a pedestrian accident lawyer to understand your rights and the best course of action going forward.
Moving Forward with Western Slope Law
If you or a loved one has been injured in a pedestrian accident in Western Colorado, it's important to act quickly to protect your rights. At Western Slope Law, we are dedicated to helping you navigate the legal process with ease and confidence, ensuring you receive the justice and compensation you deserve.
Searching for a "pedestrian accident lawyer near me"? Look no further. Contact Western Slope Law today for a free consultation, and let us start the journey to a life-changing settlement together.
