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Denver Pedestrian Accident Attorneys
Pedestrian accidents in Denver can be especially devastating.
Any car accident is a serious incident, but a pedestrian accident is one of the most tragic.
Walking down the street or crossing the street should not be a dangerous activity. A distracted driver or car accident chain reaction could result in tragic consequences.
The Lamber Goodnow injury law team, along with our partner firms throughout Colorado are dedicated to protecting citizens in Colorado from pedestrian accidents. Whether you’re in a large group at a fair, strolling to a Broncos game or enjoying an evening at Larimer Square, you should feel safe that when you walk and cross the street, you won’t be hit by a car.
Pedestrian accidents don’t just occur in busy intersections at night. They can also happen in these places:
- Parking lots
- Crosswalks
- Neighborhood intersections
- Crowded areas such as downtown
- Areas that are poorly lit or have hidden signage
Issues Associated with a Pedestrian Accident
When there’s a car accident involving a pedestrian, there are several issues that can result — and can (possibly) complicate the crash. This is one of the reasons it’s so important to have an attorney like someone from the Lamber Goodnow legal team.
Insurance companies will want to sweep the claim away and move on — you’ll want to make sure someone’s on your side investigating the whole issue, finding the liable party, and holding them responsible for your pain and suffering.
Here are some of the issues commonly associated with pedestrian-car accidents:
- Hit and run: A pedestrian is hit and the liable party drives away. Our investigators can help find the responsible party and hold them accountable.
- Multiple cars: Your injuries might result from a chain reaction of events where several cars were involved in an accident, ending with you. In that event, we’ll make sure all liable parties are identified, no matter how complex or complicated the claim might be.
- Intoxication and distracted driving: If the liable party was intoxicated or texting while driving, we’ll uncover the facts and make sure their liability is clear.
- Road conditions: Poor lighting or signage, or other factors on the road, might be cited as justifications for the driver’s actions. We won’t let the argument work.
Injuries from Pedestrian Accidents
The human body is a miracle, but it can only take so much force before serious injury results. A car that weighs several thousand pounds traveling at any rate of speed can inflict significant damage on someone, including:
- Crushing injuries
- Paralysis
- Amputation
- Head injuries
- Traumatic brain injury
- Organ damage
- Loss of consciousness
- Fractures
- Wrongful death
When we investigate your claim, we’ll also pay careful attention to your injuries. We’ll review your medical reports to understand your injuries, and if necessary we’ll also bring in our medical experts and reconstructionists who can provide extra insight into what you’re experiencing today, and what you’re likely to experience in the future.
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FAQs: Pedestrian Accidents Denver
Q: Can a wrongful death suit be filed if my family member was killed in a pedestrian accident?
A: There are two causes of action that may be used if a family member dies as a result of a pedestrian accident. If the family member was injured but did not initially die and a lawsuit was filed for damages the plaintiff’s family may use a survival statute so that the actions may be continued following the death of the person in favor of the action.[1]
If am family member dies because of the accident, certain family members may bring a wrongful death lawsuit against the at-fault driver. A wrongful death action may be brought by “(a) the spouse of the deceased, (b) the heir or heirs of the deceased, (c) by the decedent’s designated beneficiary, or (d) if the deceased is unmarried and without descendants or a designated beneficiary, [2] then the parents or parent of the deceased.”[3] However, regardless of who brings the action, the judgment obtained is to be shared by such persons who are heirs of the deceased.
Wrongful death actions must be brought within two years from the date of the death and without regard to when the claim is discovered.[4]
What special duties of care must Colorado drivers give pedestrians?
A: There are many special duties of care that Colorado drivers must give pedestrians. All drivers must exercise due care when it comes to pedestrians.[5]
Failure to give proper warning, or exercise proper precaution when viewing a confused child or disabled person will result in a class A traffic infraction.[6] A disabled person includes blindness, deafness, or mobility impairment.[7]
Additionally, drivers must yield to pedestrians who are rightly in the crosswalks when the “Walk” signal is illuminated as well as when there is no signal at a crosswalk, and crossing the roadway.[8]
Do I have any special duties as a pedestrian?
A: “A pedestrian crossing the street is required to use such care as a reasonably prudent person would use in like circumstances.”[9] Like a driver, a pedestrian has a duty to maintain a proper lookout to see what they could have seen, and a duty to take notice of the condition of traffic.[10]
Examples of this are pedestrians leaving the sidewalk into traffic or bicycles, walking too close to the roadway, and walking when the “Walk” sign is not illuminated, or the “Don’t Walk” signal is illuminated.
Q: Does Colorado have any laws that protect pedestrians in crosswalks?
A: Yes, similarly to the duties of care that drivers owe pedestrians, drivers also have to follow certain laws when pedestrians are in crosswalks. Under Colorado law:
“(1) When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(4) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
(6) Any person who violates any provision of this section commits a class A traffic infraction.”[11]
Q: May I still recover damages if I am partially at fault in a pedestrian accident?
A: Depending on the percentage of fault that is attributed to you, you may still recover damages. Under Colorado law if a plaintiff is found less than 50% at fault for the accident, they may still recover damages in proportion to their fault.[12]
For example, if the plaintiff’s damages are $10,000 and they are found to be 20% at fault, they may recover $8,000 ($10,000 minus $2,000, or 20%) in damages.
Q: May I recover damages if a bicyclist hit me while I was jogging on a marked bike path?
A: Yes, while an accident involving a cyclist and a pedestrian is different from an motor vehicle accident, the pedestrian may still recover damages for their injuries. In a motor vehicle accident, the pedestrian would recover damages from the at-fault driver’s insurance company (if they are insured). When the accident involves a cyclist, the plaintiff (injured person) will recover damages through the at-fault cyclist’s homeowners insurance.
Q: How long do I have to file a personal injury lawsuit involving a pedestrian accident?
A: Colorado has a statute of limitations of three years to file a personal injury lawsuit. This means that if you are injured in a pedestrian accident you must file your lawsuit within three years of the day of the accident or you will be barred from doing so. Col. Rev. Stat. 13-80-101(n).
Let’s Chat Today
When you hire the Lamber Goodnow legal team to handle your case, you’re not just getting a team of expert attorneys; you’re also getting an extended team of experts who know insurance law, occupational and physical rehabilitation, accident reconstruction, and more. Our process is thorough, and our team is exceptional.
Call us today at (303) 800-8888 for a no-obligation, free consultation. We’ll talk to you about your case, find out how your accident happened and review your injuries. We’ll also answer your questions and give you an idea of how your case might progress.
Our No-Fee Promise
If you decide to hire us, you’ll enjoy the benefits of our No-Fee Promise. With this commitment, you won’t pay us any fees — nothing at all — while we handle your case. This includes our investigation and any experts we might need to help represent you. We won’t receive anything unless, and until, we recover funds for you from a verdict in your favor, or a settlement.
Call us today, and find out how we can protect your rights.
[1] Col. Rev. Stat. § 13-20-101.
[2] Col. Rev. Stat. § 15-22-103(1).
[3] Col. Rev. Stat. § 13-21-201(1).
[4] Col. Rev. Stat. § 13-80-102(1)(d).
[5] Col. Rev. Stat. § 42-4-807.
[6] Id.
[7] Col. Rev. Stat. § 42-4-808.
[8] Col. Rev. Stat. § 42-4-802(1).
[9] Pueblo Transportation Co. v. Moylan, 123 Colo. 207, 226 P.2d 806 (1951).
[10] Dennis v. Johnson, 136 Colo. 357, 317 P.2d 890 (1957).
[11] Col. Rev. Stat. § 42-4-802(1),(4),(6).
[12] Col. Rev. Stat. § 13-210111(2).
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"My wife and I had occasion to use Mr. Lamber and his staff for a legal matter. The entire staff was wonderful. They kept us informed of every step and communicated quickly and effectively as things changed or progressed. We would highly recommend Mr. Lamber and his staff to anyone needing legal advice or assistance. They had a very high level of integrity and professionalism. It's too bad there are only 5 stars for their rating. They are excellent."
David Sanford
"I just got rear-ended today, but I'm thankful I found this firm. They take care of you in general, and if you don't make enough to cover your costs, they back you up 100%. Stephanie Ramos gave excellent and kind customer service by getting me in motion with the whole process. Attorney Donn Coolidge gave me the rundown of the situation very clearly, and I'm looking forward to working with him. I fully recommend this firm!"
Jonathan Carrillo Lopez
"This law firm is amazing, Marc and Jenny handled my auto accident for me. Excellent communication, they did a thorough job of handling all the details, and helped me with everything. I really appreciated their care and dedication, and I am happy all has been settled and resolved. I would definitely recommend them, and use if needed again in the future. Thanks again Jenny and Marc I appreciate y'all!"
Kathy Brewington
Denver Colorado
1700 Lincoln Street #2400
Denver, CO 80203