Pedestrian Accident Lawyer in Denver
If you or a loved one has been hit by a vehicle in Denver, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. At Fuller Personal Injury Law, our Denver personal injury attorneys focus on holding negligent parties accountable and ensuring crosswalk pedestrian accident victims receive the maximum financial recovery possible. Call (720)-770-3832 for a free consultation today.
Colorado’s 161% Surge in Pedestrian Deaths
The statewide picture is equally concerning. According to the Colorado State Patrol, pedestrian fatalities have increased by 161% over the last decade. In 2013, Colorado recorded 62 pedestrian deaths. By 2023, that number had soared to 162. This isn’t just a statistical anomaly—it represents a fundamental shift in road safety that demands immediate action and experienced legal representation for victims.
How to Know If You Have a Pedestrian Accident Case
Pedestrian accident cases typically involve serious injuries, disputed liability, and complex legal claims. If you’re unsure whether you have a case, ask yourself the following questions:
Did you suffer injuries? – If you required emergency treatment, hospitalization, surgery, physical therapy, or long-term medical care, you likely have a claim. Learn more about what to do immediately after being hit.
Was someone else responsible? – If a driver ignored traffic signals, failed to yield at a crosswalk, or a vehicle malfunction contributed to the crash, you may be eligible to file a lawsuit.
Does the at-fault party have insurance? – If a driver is responsible, an attorney can help negotiate with insurers or take legal action. Understanding insurance coverage options for pedestrian accidents is crucial.
Even if you were partially at fault, Colorado follows modified comparative negligence laws, meaning you may still recover damages if you’re less than 50% responsible. The key is proving the driver bore the majority of fault—something insurance companies will aggressively dispute. Call (720)-770-3832 to discuss your legal options.
John Fuller: Experienced Pedestrian Accident Attorney in Denver
Attorney John R. Fuller is a dedicated advocate for crosswalk pedestrian accident victims in Colorado, helping injured individuals recover compensation after being hit by negligent drivers, reckless bicyclists, or vehicles in crosswalks, parking lots, and intersections. With years of experience handling complex personal injury cases, he has successfully obtained significant settlements and verdicts for clients suffering from life-altering injuries, including broken bones, spinal cord damage, and traumatic brain injuries (TBIs). His in-depth knowledge of Colorado pedestrian laws and right-of-way protections, and insurance disputes gives his clients a critical advantage when dealing with at-fault drivers, insurance companies, and municipal liability cases.
Why Clients Trust John Fuller
- Decades of Experience – John Fuller has represented pedestrian accident victims injured in crosswalk collisions, parking lot accidents, and hit-and-run incidents.
- Deep Understanding of Pedestrian Right-of-Way Laws – He is well-versed in Colorado’s pedestrian protections, including crosswalk rules, sidewalk usage, and traffic signal violations that commonly lead to accidents.
- Proven Track Record of Securing High Settlements – He has successfully recovered millions in compensation for victims suffering from severe injuries, long-term disabilities, and wrongful death claims. Learn about typical pedestrian accident settlement amounts in Colorado.
- Aggressive Representation Against Insurance Companies – Drivers and insurers frequently blame pedestrians for their own injuries to avoid paying full compensation. John Fuller fights back, ensuring injured pedestrians get the justice they deserve.
- Client-Focused Approach – Clients receive one-on-one legal representation, direct communication, and a personalized strategy to maximize compensation.
Pedestrian accidents often result in catastrophic injuries, and insurance companies frequently try to minimize settlements or deny liability. John Fuller and his legal team have the experience, resources, and dedication to hold negligent drivers accountable and fight for the maximum compensation injured pedestrians deserve.
Call (720)-770-3832 today for a free consultation and learn how we can help you recover.
Why Choose Fuller Personal Injury Law for Your Pedestrian Accident Case?
The Unique Challenges of Pedestrian Accident Claims
Unlike car accidents, where liability is often more straightforward, pedestrian accidents frequently involve disputed fault and bias against pedestrians. Drivers, insurance companies, and defense attorneys often argue that:
- The pedestrian was distracted (e.g., using a phone or wearing headphones).
- The pedestrian was crossing against the light.
- The driver had limited visibility due to weather or road conditions.
- The pedestrian “darted out” between parked cars
- The pedestrian was wearing dark clothing at night
Without strong legal representation, pedestrians may struggle to obtain fair compensation. Our attorneys fight back against insurance company tactics to ensure you receive what you deserve. Knowing when to hire a pedestrian accident lawyer can make the difference between a fair settlement and being left with nothing.
How Our Law Firm Stands Out
- Proven Track Record – We have secured millions in settlements for injured pedestrians.
- Extensive Legal Knowledge – We understand Colorado pedestrian laws and local road regulations.
- Aggressive Negotiation and Litigation – We challenge insurance companies who try to shift blame onto pedestrians.
- Personalized Representation – We treat every case as unique, offering one-on-one legal guidance.
If you were injured in a pedestrian accident, don’t wait—time is critical. Call (720)-770-3832 today for a free consultation.
Reviews from Our Denver Clients
What to Do After a Pedestrian Accident in Denver
1. Seek Immediate Medical Attention
Some injuries, like brain trauma and internal bleeding, may not show immediate symptoms. Even if you feel “fine” immediately after the accident, adrenaline can mask serious injuries that become apparent hours or days later. Understanding who pays medical bills after a pedestrian accident can help ease financial stress during recovery. Follow all medical recommendations and keep records of treatments, prescriptions, and hospital visits.
Denver Emergency Medical Resources
If you’re injured in a pedestrian accident in Denver, these Level I Trauma Centers provide the highest level of emergency care:
- Denver Health Medical Center – 777 Bannock St (closest to downtown)
- Presbyterian/St. Joseph Hospital – 1835 Franklin St (central Denver)
- University of Colorado Hospital – 12605 E 16th Ave (Aurora)
- Children’s Hospital Colorado – 13123 E 16th Ave (for pediatric victims in school zone accidents)
For non-life-threatening injuries, urgent care facilities can provide immediate documentation, but always follow up with specialists for comprehensive evaluation.
Documenting Injuries for Maximum Compensation
Insurance companies scrutinize gaps in medical treatment. A two-week delay between the accident and your first medical visit can reduce your settlement by 30-50%. Document everything:
- Photograph visible injuries daily as they develop
- Keep a pain journal rating discomfort on a 1-10 scale
- Track missed work, canceled activities, and daily limitations
- Save all medical bills, prescriptions, and therapy receipts
Learn more about building strong evidence for your case.
2. Collect Evidence at the Scene
Take photos of the vehicle, the accident scene, and your injuries. Get contact information from witnesses and request a copy of the police report. For comprehensive guidance, see our guide on what to do immediately after being hit.
The 72-Hour Window for Critical Evidence
Time destroys evidence. Here’s what disappears quickly:
- Traffic camera footage: CDOT and Denver traffic cameras typically overwrite footage after 72 hours
- Business surveillance: Most stores delete footage after 7-14 days
- Skid marks and debris: Street cleaning and weather eliminate physical evidence
- Witness memories: Details fade rapidly after 48 hours
Traffic Camera and Surveillance Footage Preservation
Denver has over 400 traffic cameras, particularly at dangerous intersections, but they don’t automatically save footage. You must act fast:
- Submit a preservation request to CDOT within 72 hours (we handle this immediately for clients)
- Identify nearby businesses – Banks, gas stations, and retail stores often have exterior cameras
- Check for doorbell cameras – Many Denver neighborhoods have Ring or Nest cameras
- Document weather and lighting conditions – Take photos showing visibility at the accident time
3. Avoid Speaking to Insurance Adjusters
Insurance companies often offer quick settlements that are far less than what victims deserve. Do not admit fault or accept a settlement without consulting an attorney. Learn more about dealing with insurance after a pedestrian accident.
Common Insurance Tactics Against Pedestrians
Insurance adjusters are trained to minimize payouts. Here are their favorite tactics:
- The “friendly” call: They’ll call within 24 hours acting concerned, but they’re recording everything
- The “darting out” defense: They’ll claim you suddenly appeared, giving the driver no time to react
- Comparative negligence manipulation: They’ll assign you 51% fault to bar any recovery
- Quick lowball offers: “$5,000 today or nothing after we investigate”
- Social media surveillance: They’ll monitor your profiles for “evidence” you’re not injured
Never give a recorded statement without an attorney present. Colorado law doesn’t require you to speak with the other driver’s insurance.
4. Contact a Pedestrian Accident Lawyer
Legal representation ensures a thorough investigation, proper valuation of your claim, and protection against bad-faith insurance practices. Understanding when to hire a lawyer can significantly impact your recovery.
Colorado Pedestrian Laws That Impact Your Case
Understanding C.R.S. § 42-4-802 Through 42-4-808
Colorado’s pedestrian statutes provide extensive protections that many victims don’t know exist. For a detailed analysis, see our guide to Colorado pedestrian laws and right-of-way rules. Let me break down the key provisions that strengthen your case:
C.R.S. § 42-4-802 – Crosswalk Rights: Drivers MUST yield to pedestrians in crosswalks, whether marked or unmarked. An “unmarked crosswalk” exists at every intersection—even without painted lines. This means you have crosswalk accident rights at any corner where sidewalks meet the street.
C.R.S. § 42-4-805 – Diagonal Crossing: Pedestrians can only cross diagonally when authorized by traffic signals. Denver has few diagonal crossing signals, mainly in downtown at 16th Street Mall intersections.
C.R.S. § 42-4-806 – Blind Pedestrian Rights: Drivers must come to a complete stop for any pedestrian using a white cane or guide dog, regardless of location. Violation creates automatic liability.
Colorado’s 50% Comparative Negligence Bar
This is critical: Under C.R.S. § 13-21-111, if you’re found 50% or more at fault, you recover nothing. If you’re 49% at fault, you can still recover 51% of your damages. This single percentage point can mean the difference between a $500,000 recovery and zero. Understanding how settlements are calculated helps set realistic expectations.
Insurance companies exploit this by alleging you were:
- Crossing against the signal (even if the driver was speeding)
- Wearing dark clothing (even in lit areas)
- Distracted by your phone (even without proof)
- Outside the crosswalk (even by inches)
We counter these tactics by proving the driver’s greater fault through:
- Speed analysis showing inadequate reaction time
- Sight distance calculations proving visibility
- Traffic engineering experts on signal timing
- Accident reconstruction establishing driver negligence
Crosswalk Rights You Didn’t Know You Had
Unmarked Crosswalks: Every intersection has legal crosswalks at each corner, even without paint. Drivers must yield.
Crosswalk Extensions: The crosswalk extends in a straight line to the opposite sidewalk. Stepping slightly outside painted lines doesn’t eliminate your crosswalk rights.
Turning Vehicle Duties: Drivers turning must yield to pedestrians in the crosswalk they’re entering, even if the pedestrian has a “Don’t Walk” signal but entered lawfully on “Walk.”
Stopped Vehicle Law: When a vehicle stops at a crosswalk, vehicles in other lanes must also stop. Passing a stopped car at a crosswalk is illegal.
The Three-Year Statute of Limitations Exception
While most personal injury claims have a two-year deadline, C.R.S. § 13-80-101 provides three years for “motor vehicle accidents.” This includes pedestrians hit by cars, but there are critical exceptions. Learn more about filing deadlines for pedestrian accident claims:
- Government claims: 182 days to file notice (not two or three years!)
- Hit-and-run cases: Two years from identifying the driver
- Minor victims: Deadline extends to age 20
- Mental incapacity: Deadline tolls during incapacity
Don’t wait. Evidence disappears, witnesses vanish, and insurance companies use delays against you.
Denver’s Most Dangerous Locations for Pedestrians
For a comprehensive analysis of high-risk areas, see our guide to Denver’s most dangerous intersections for pedestrians.
Federal Boulevard: Denver’s Deadliest Corridor
Federal Boulevard accounts for 22% of all pedestrian crashes despite representing less than 1% of Denver’s street miles. The fatality rate here is 20 times higher than the average urban Colorado street. Between Alameda and 52nd Avenue, we’ve documented 47 pedestrian accidents in the past two years alone.
Why Federal is so dangerous:
- Six to seven lanes of traffic with insufficient crossing time
- Crosswalks spaced up to half a mile apart, encouraging mid-block crossing
- Speed limits of 35-40 mph, but average speeds reach 50+ mph
- Poor lighting with broken streetlights reported for months
- High concentration of bus stops requiring street crossing
If you were hit on Federal Boulevard, you’re not alone. We’ve handled dozens of Federal Boulevard pedestrian cases and understand the unique challenges this corridor presents.
Colfax Avenue: 236 Serious Injuries and Counting
Colfax Avenue—the “longest commercial street in America”—has recorded 236 serious pedestrian injuries over the past decade. The corridor’s mix of businesses, bars, and bus stops creates constant pedestrian traffic, while its wide lanes encourage dangerous speeds.
Particular danger zones include:
- Colfax & Broadway: 12 accidents in 2023
- Colfax & Colorado Blvd: Poor visibility from sun glare
- Colfax & Federal: Intersection of two deadly corridors
- Colfax & Havana: Complex signal timing confuses pedestrians and drivers
High-Risk Intersections Map and Analysis
Our analysis of Denver Police Department data reveals these intersections have the highest pedestrian accident rates:
20th & Market Street
Three pedestrian accidents in 2024 alone. The combination of downtown traffic, RTD bus lanes, and confusing signal patterns creates a perfect storm for accidents. The afternoon sun blinds westbound drivers precisely when pedestrian traffic peaks.
Colfax & Grant
The Capitol Hill area sees heavy foot traffic from residents, tourists, and nightlife patrons. Poor lighting and drivers making quick turns to avoid traffic create constant dangers. We’ve handled seven cases from this intersection in the past two years.
Quebec & 36th Avenue
This Stapleton-area intersection combines high-speed traffic from Quebec with residential pedestrian patterns. The wide crossing distance (seven lanes) exceeds the walk signal time, stranding pedestrians mid-crossing.
RTD Light Rail Crossing Dangers
Light rail adds another layer of danger. Unlike cars, trains cannot swerve or stop quickly. Key danger points:
- A-Line crossings at Smith Road and Monaco Parkway
- W-Line at Sheridan Boulevard
- Downtown D, F, H, L lines where trains, cars, and pedestrians converge
Light rail accidents often involve multiple liable parties: RTD, the driver, and potentially the city for inadequate safety measures.
Common Causes of Pedestrian Accidents
Driver Negligence
- Distracted driving – Texting, eating, or adjusting GPS. Colorado’s distracted driving crashes increased 48% since 2019.
- Failure to yield – Not stopping for pedestrians in marked or unmarked crosswalks. This accounts for 41% of pedestrian accidents.
- Drunk or drugged driving – Impaired drivers have slower reaction times and reduced awareness. Denver’s high altitude intensifies impairment effects.
- Speeding – Higher speeds increase the likelihood of fatal pedestrian crashes. A pedestrian hit at 40 mph has an 85% fatality rate versus 10% at 20 mph.
- Turning violations – Left turns are especially dangerous, causing 3x more pedestrian deaths than right turns
- Backing accidents – Parking lot accidents often involve drivers who fail to check blind spots
Hit-and-Run Pedestrian Accidents
Many pedestrian accident victims suffer severe injuries before the at-fault driver is identified. Denver sees approximately 1,200 hit-and-run accidents annually, with pedestrians representing 30% of victims. For detailed information about your options, see our guide to pedestrian hit-and-run accidents in Denver.
Colorado Crime Stoppers Reward Program
Metro Denver Crime Stoppers offers up to $2,000 for information leading to hit-and-run driver arrests. Here’s how to maximize recovery chances:
- File a police report immediately – Required for Crime Stoppers eligibility
- Canvas for witnesses – Nearby businesses, residents, and drivers often see more than they initially report
- Check NextDoor and social media – Witnesses often post about accidents they’ve seen
- Submit anonymous tips – Call 720-913-STOP (7867)
Victim Compensation Fund Process
Colorado’s Victim Compensation Fund can provide up to $30,000 for hit-and-run victims:
- Medical expenses up to $30,000
- Lost wages up to $1,000/week
- Mental health counseling
- Funeral expenses for fatal accidents
Application must be filed within one year, and you must cooperate with law enforcement.
Private Investigation Options
When police resources are limited, private investigators can:
- Canvas for additional surveillance footage
- Interview witnesses police missed
- Analyze vehicle debris for make/model identification
- Search body shop records for matching damage repairs
Who Can Be Held Liable in a Pedestrian Accident?
Negligent Drivers
Those who violate right-of-way laws, speed, drive distracted, or operate vehicles while impaired.
Government Entity Liability (Colorado Governmental Immunity Act)
Government entities can be liable for dangerous road conditions, but the rules are strict. Understanding the statute of limitations for pedestrian accidents is crucial when government entities are involved:
182-Day Notice Requirement
You have only 182 days (about 6 months) to file a formal notice with the responsible government entity. This is NOT the standard 2-3 year deadline. Missing this deadline completely bars your claim, regardless of injury severity.
The notice must include:
- Your name and address
- Date, time, and location of injury
- Brief statement of circumstances
- Nature of injuries claimed
- Amount of compensation requested
Dangerous Condition Claims
Government liability requires proving:
- A dangerous condition existed on public property
- The condition created an unreasonable risk
- The government knew or should have known about it
- The government had reasonable time to remedy it
Common examples:
- Missing or obscured crosswalk markings
- Malfunctioning pedestrian signals
- Inadequate lighting at known dangerous intersections
- Snow/ice accumulation at bus stops
- Broken sidewalks forcing pedestrian into traffic
Commercial Vehicle and Employer Liability
When a commercial driver hits a pedestrian, additional parties may be liable:
- Employer vicarious liability under respondeat superior doctrine
- Negligent hiring/supervision if the driver had a poor record
- Vehicle maintenance companies for brake or mechanical failures
- Shipping companies for unrealistic delivery deadlines encouraging speeding
Commercial cases often involve higher insurance limits, providing better recovery opportunities for serious injuries.
Navigating Colorado’s Insurance System After a Pedestrian Accident
For comprehensive information about coverage options, see our guide to understanding insurance for pedestrian accidents in Colorado.
Understanding Colorado’s Med Pay Coverage
Since 2009, Colorado requires all auto policies to include at least $5,000 in Medical Payments (Med Pay) coverage. This pays regardless of fault and covers pedestrians hit by the insured vehicle. Understanding who pays medical bills helps navigate the complex insurance landscape.
Accessing Your $5,000 Minimum Coverage
Med Pay is “no-fault” coverage that pays immediately:
- Your own auto insurance may cover you as a pedestrian
- The driver’s insurance must pay their Med Pay limits
- Resident relative policies may provide additional coverage
- Multiple policies can “stack” for greater coverage
Med Pay covers:
- Ambulance transport
- Emergency room treatment
- Surgery and hospitalization
- Physical therapy
- Prescription medications
- Medical equipment
Coordination with Health Insurance
The coordination is complex:
- Med Pay is primary – Use it before health insurance
- No deductibles or copays with Med Pay
- Preserves health insurance for future needs
- No subrogation – Med Pay insurers can’t seek reimbursement from your settlement
Strategy: Use Med Pay first, health insurance second, then seek full reimbursement in settlement.
Uninsured/Underinsured Motorist Coverage for Pedestrians
With 17.5% of Colorado drivers uninsured, UM/UIM coverage is critical. This is especially important in hit-and-run cases. As a pedestrian, you may access:
- Your own UM/UIM coverage (if you own a vehicle)
- Resident relative coverage (family member’s policy)
- Named insured coverage (if listed on someone’s policy)
UM/UIM typically provides $25,000 to $1,000,000 in coverage when:
- The at-fault driver has no insurance
- The driver has insufficient insurance
- Hit-and-run driver is never identified
Why Colorado’s Lack of PIP Coverage Matters
Colorado eliminated Personal Injury Protection (PIP) in 2003. Unlike Med Pay, PIP covered:
- Lost wages (up to 70%)
- Essential services (childcare, housekeeping)
- Rehabilitation costs
- Death benefits
Without PIP, pedestrian victims must rely on:
- Liability claims against the driver
- Short/long-term disability insurance
- Savings during recovery
- Health insurance (with high deductibles)
This gap makes aggressive legal representation essential for recovering full compensation. Learn how insurance companies handle pedestrian claims.
Dealing with the 17.5% Uninsured Driver Problem
Colorado’s uninsured rate exceeds the national average of 12.6%. Protecting yourself requires:
Multiple recovery sources:
- UM/UIM coverage (critical for pedestrians)
- Crime Victim Compensation Fund
- Civil judgments with wage garnishment
- Asset investigation and liens
Red flags for uninsured drivers:
- Expired registration or tags
- Refusing to provide insurance information
- Offering cash settlements at the scene
- Driving older, poorly maintained vehicles
How a Colorado Pedestrian Accident Lawyer Can Help
Gather Evidence
We obtain surveillance footage, accident reconstructions, and medical records. Our investigators work quickly to preserve disappearing evidence. Learn about our approach to evidence collection and case building.
Handle Insurance Negotiations
We prevent insurers from offering unfair settlements. Our experience with adjuster tactics protects you from accepting less than you deserve.
File Lawsuits When Necessary
If insurance companies refuse to pay, we take cases to trial. Our trial experience motivates better settlement offers. Understanding when to hire a lawyer can significantly impact your case outcome.
Expert Witness Coordination
Complex pedestrian cases often require expert testimony:
- Accident reconstruction engineers to establish fault
- Biomechanical experts to explain injury causation
- Life care planners for future medical needs
- Vocational experts for lost earning capacity
- Traffic engineers for dangerous condition claims
Compensation Available for Pedestrian Accident Victims
Economic Damages
Medical Expenses (Current and Future)
- Emergency care, surgery, hospitalization
- Physical therapy and rehabilitation
- Future surgeries and treatments
- Home modifications for disabilities
- Medical equipment and prescriptions
- Travel costs for treatment
Understanding who pays these bills initially helps manage financial stress during recovery.
Lost Wages and Earning Capacity
- Past lost wages from missed work
- Future lost earnings from permanent disabilities
- Lost benefits and retirement contributions
- Diminished earning capacity
- Vocational rehabilitation costs
Life Care Planning for Catastrophic Injuries
Severe injuries require lifetime care planning:
- 24/7 nursing care costs: $200,000-$500,000 annually
- Home modifications: $50,000-$200,000
- Wheelchair-accessible vehicles: $40,000-$80,000
- Ongoing therapy and treatment: $50,000+ annually
- Medication and supplies: $10,000-$30,000 annually
Non-Economic Damages
Pain and Suffering Calculations
Colorado uses the “multiplier method”:
- Calculate total economic damages
- Apply multiplier (1.5x to 5x) based on:
- Injury severity and permanence
- Impact on daily activities
- Emotional trauma severity
- Recovery time and prognosis
Example: $100,000 medical bills × 3.5 multiplier = $350,000 pain and suffering
Learn more about typical settlement values for different injury types.
Loss of Quality of Life
- Inability to enjoy hobbies
- Loss of consortium for spouses
- Inability to care for children
- Social isolation from disabilities
- Loss of independence
Punitive Damages (When Applicable)
Awarded in extreme negligence cases, such as:
- Hit-and-run accidents
- Drunk driving with BAC over .15
- Racing or excessive speeding
- Deliberate assault with vehicle
Colorado caps punitive damages at the amount of actual damages, but this can double or triple total recovery.
Pedestrian Accident Settlement Values in Colorado
For detailed information about compensation ranges, see our complete guide to pedestrian accident settlement amounts in Colorado.
Settlement Ranges by Injury Type
Understanding typical settlement values helps set realistic expectations:
Soft Tissue Injuries: $5,000-$25,000
- Sprains, strains, and bruising
- Minor road rash
- Whiplash without complications
- Recovery within 3-6 months
Single Fractures: $25,000-$75,000
- Broken arm, leg, or ribs
- Simple surgical repair
- Recovery within 6-12 months
- Minimal permanent impairment
Multiple Fractures: $75,000-$150,000
- Multiple broken bones
- Complex surgeries required
- Extended rehabilitation
- Some permanent limitations
TBI/Spinal Injuries: $500,000-$3,000,000+
- Traumatic brain injuries
- Spinal cord damage/paralysis
- Multiple surgeries required
- Lifetime care needs
- Unable to return to work
How Comparative Negligence Reduces Settlements
Your percentage of fault directly reduces recovery. This is particularly important in crosswalk accidents where signal timing is disputed:
Example: $500,000 total damages
- 0% fault = $500,000 recovery
- 10% fault = $450,000 recovery
- 25% fault = $375,000 recovery
- 49% fault = $255,000 recovery
- 50% fault = $0 recovery
Insurance companies fight hardest to push fault above 50%, knowing it eliminates their liability entirely.
Special Considerations for Child Pedestrian Accidents
School Zone Accidents and Enhanced Protections
School zone accidents carry enhanced penalties and create stronger liability claims:
- Fines double in school zones (C.R.S. § 42-4-615)
- Speed limits drop to 20 mph during school hours
- Drivers must exercise “extreme caution”
- Presumption of driver negligence in school zones
Denver Public Schools zones with highest accident rates:
- East High School (Colfax & Josephine)
- North High School (Speer & Federal)
- Manual High School (28th & Holly)
Different Legal Standards for Minors
Colorado law recognizes children cannot exercise adult judgment:
- Under 7: Incapable of negligence as matter of law
- 7-14: Presumed incapable unless proven otherwise
- 14-18: Held to standard of similar-aged minor, not adult
This means drivers bear greater responsibility when children are involved, even if the child violated traffic rules.
Denver Vision Zero School Initiatives
Denver’s Vision Zero includes specific school safety measures:
- 15 mph speed limits near elementary schools (pilot program)
- Enhanced crosswalk visibility with rapid flash beacons
- “Safe Routes to School” infrastructure improvements
- Crossing guard programs at 85 schools
If inadequate safety measures contributed to your child’s accident, the city may share liability.
Timeline and Process Expectations
Days 1-7: Investigation Phase
- Police report filed and obtained
- Witness statements collected
- Surveillance footage requested
- Medical treatment beginning
- Insurance claims opened
- Evidence preservation letters sent
Immediate action during this phase is critical for case success.
Weeks 2-8: Medical Documentation
- Ongoing treatment and therapy
- Specialist consultations
- Diagnostic testing (MRI, CT scans)
- Treatment plan development
- Work restrictions documented
- Pain and symptom tracking
Months 2-6: Settlement Negotiations
- Demand package prepared
- Medical records compiled
- Lost wage documentation
- Initial settlement demand sent
- Negotiation rounds begin
- Mediation if appropriate
Understanding the insurance negotiation process helps set expectations.
Months 6-18: Litigation if Necessary
- Complaint filed in court
- Discovery process begins
- Depositions conducted
- Expert witnesses retained
- Pre-trial motions
- Trial or settlement
Most cases settle without trial, but being trial-ready motivates better offers. Knowing the statute of limitations ensures you don’t miss critical deadlines.
Return to Work and Long-Term Recovery
Vocational Rehabilitation Options
Severe injuries may prevent returning to previous employment. Vocational rehabilitation includes:
- Job skills assessment
- Retraining programs
- Job placement assistance
- Adaptive equipment
- Modified duty negotiations
Colorado Division of Vocational Rehabilitation provides services, and costs can be included in your claim.
ADA Workplace Accommodations
The Americans with Disabilities Act requires reasonable accommodations:
- Modified work schedules
- Equipment modifications
- Job restructuring
- Reassignment options
- Leave extensions
Document all accommodation needs for inclusion in your damage claim.
Future Medical Cost Projections
Life care planners project future medical needs:
- Surgical interventions
- Medication costs
- Therapy requirements
- Equipment replacement
- Home health care
- Assisted living needs
These projections often represent the largest portion of catastrophic injury settlements. Understanding typical settlement values helps evaluate offers.
Frequently Asked Questions About Pedestrian Accidents in Denver
What should I do if I’ve been hit by a car as a pedestrian?
Call 911 and get medical attention immediately. Then try to get the driver’s contact and insurance information, gather witness details, and take photos of the scene if you’re able. Even if you don’t feel hurt, it’s important to get checked out. For a complete action plan, see our guide on what to do after being hit by a car.
Who is at fault in a pedestrian accident?
Usually, the driver is at fault—but not always. Drivers must yield to pedestrians in crosswalks and at intersections. But fault can depend on where the pedestrian was walking and whether either party violated traffic laws. Understanding Colorado pedestrian laws helps determine liability.
Can I still file a claim if I was partially at fault?
Yes, your compensation may be reduced based on your percentage of fault. Colorado uses modified comparative negligence. If you were partially at fault (for example, crossing against a signal), your damages can be reduced—but you can still recover if you’re less than 50% responsible.
How much time do I have to file a pedestrian injury claim in Colorado?
You generally have three years if a motor vehicle was involved. However, if a government entity is responsible, you must file notice within 182 days. It’s best to consult a lawyer quickly to avoid missing any deadlines. See our detailed guide on filing deadlines.
What if the driver fled the scene?
You may still have options. Hit-and-run victims can seek compensation through their own uninsured motorist coverage, Crime Stoppers rewards, or the Victim Compensation Fund. A lawyer can help track down every possible recovery source. Learn about hit-and-run pedestrian accidents.
Do I need a lawyer for a pedestrian accident case?
Yes—especially if you were seriously injured. Insurance companies often try to shift blame to pedestrians. A lawyer can protect your rights, handle all communication, and fight for full compensation. Understand when to hire a pedestrian accident lawyer.
What types of injuries are common in pedestrian accidents?
Injuries often include broken bones, head trauma, spinal injuries, and internal damage. Even low-speed collisions can lead to serious, long-lasting effects. The average pedestrian struck at 30 mph suffers 2.7 distinct injuries.
What kind of compensation can I recover after a pedestrian accident?
You may be entitled to medical costs, lost wages, pain and suffering, and long-term care. In some cases, emotional distress and disfigurement may also be included. Catastrophic injuries can result in millions in compensation. Review typical settlement amounts.
What if a child was hit by a car while walking or biking?
Children are generally held to a different legal standard. Drivers are expected to exercise greater care around kids. Even if the child crossed improperly, the driver may still be found liable. School zone accidents carry enhanced penalties.
How can I strengthen my pedestrian accident claim?
Get medical care, save all records, and talk to a lawyer right away. Avoid giving statements to the other driver’s insurer, and don’t post about the accident on social media. Document your pain levels and limitations daily. Learn about building strong evidence.
What if I was hit in a parking lot?
Parking lot accidents involve complex liability issues. The driver, property owner, or maintenance company may be liable depending on circumstances. Private property accidents still qualify for insurance claims and lawsuits.
How does weather affect fault determination?
Colorado’s weather creates additional duties. Drivers must adjust speed for conditions. However, pedestrians also have duties to use care. Weather typically increases driver liability rather than excusing accidents.
Can I sue the City of Denver for dangerous crosswalk conditions?
Yes, but you must file notice within 182 days. The city can be liable for inadequate lighting, missing markings, or malfunctioning signals if they knew or should have known about the danger at dangerous intersections.
What if the driver was working at the time?
If the driver was on the clock, their employer may be liable under vicarious liability. This often means access to commercial insurance policies with higher limits—potentially millions instead of minimum coverage.
How long will my case take to resolve?
Most pedestrian accident cases settle within 6-12 months. Complex cases involving severe injuries or disputed liability may take 12-24 months. Cases going to trial can take 2-3 years, but only about 5% require trial.
Call a Denver Pedestrian Accident Lawyer Today
If you or a loved one suffered injuries in a pedestrian accident in Colorado, do not wait to seek legal help. The sooner an attorney begins working on your case, the stronger your claim will be. Evidence disappears, witnesses forget, and insurance companies use delays against you.
Call (720)-770-3832 today for a free consultation. No upfront costs – We only get paid if you win. Let us fight for the justice and compensation you deserve.
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