In addition to following traffic laws, motor vehicle operators in Colorado must also watch out for pedestrians traveling on crosswalks, sidewalks, or near roadways. Any driver who fails to fulfill this fundamental obligation and injures a pedestrian could be responsible for substantial civil compensation. However, this can only occur if an injured person can prove that the driver’s negligence caused a crash.

Guidance from a Denver pedestrian accident lawyer at Roberts Markland LLP could be crucial to protecting your rights and best interests after a devastating incident. From establishing a comprehensive case against the person who struck you to ensuring you receive the compensation you deserve, a seasoned personal injury attorney’s assistance could significantly impact your case’s outcome.

Are Drivers Always at Fault for Pedestrian Crashes?

No matter at what speed a pedestrian collision occurs, walkers and joggers are at more risk of being seriously injured than the driver of the vehicle that hits them. However, state law holds injured pedestrians to the same rules as all other prospective civil plaintiffs, which means they cannot recover compensation unless they can prove the driver who struck them was legally negligent.

Negligence can be an overtly illegal act, a moment of carelessness, or even a malicious attack. Each scenario indicates a violation of the duty that all drivers have to be responsible and reasonable while behind the wheel. With this in mind, it is not only drivers who can be found liable for a pedestrian crash; in some instances, the person on foot is accused of causing the incident.

Comparative Fault

Legal representation can be crucial not only to holding a careless driver responsible for their actions but also to fighting allegations of comparative fault, which suggest that the injured person bears some or all of the blame. According to Colorado Revised Statute § 13-21-111, courts can proportionately reduce final damage awards based on the injured party’s percentage of responsibility. In some cases, under the comparative negligence rule, individuals who are equally or more at fault than any named defendants cannot recover damages.

An experienced attorney in Denver could explain comparative negligence in more detail and help build a strong case to hold an irresponsible driver at fault for your pedestrian collision.

Demanding Compensation for All Available Losses

Any driver who injures a walker or jogger through negligent conduct can be required to pay for both economic and non-economic losses resulting from the incident, including:

  • Personal property damage
  • Physical pain and suffering
  • Past and future income loss
  • All medical bills related to the accident
  • Emotional trauma and overall lost enjoyment of life

In most cases, C.R.S. § 13-21-102.5 limits total recovery for non-economic harm such as mental anguish and lost quality of life to $642,180. However, the limit can reach $1,284,370 if the plaintiff can provide clear and convincing evidence justifying their demand. With the help of a hardworking and dedicated pedestrian crash attorney in Denver, you could maximize the financial recovery you need to pay for your injury-related expenses.

Get in Touch with a Denver Pedestrian Accident Attorney for Help Seeking Compensation for Injuries

Pedestrians have a right to travel safely through Denver just as much as any driver. Any person who negligently violates that right could be held accountable to pay for the harm an individual on foot sustains because of their misconduct. Guidance from seasoned legal counsel can be vital to ensuring any responsible parties pay for your losses and damages.

A conversation with a knowledgeable Denver pedestrian accident lawyer could provide answers to your questions and information about the next steps to take. Contact Roberts Markland LLP today to schedule a consultation.