What Are My Rights After a Crosswalk Accident in Colorado?

TL;DR: Colorado law grants you the right to compensation for medical expenses, lost wages, and pain and suffering after a crosswalk accident, whether in marked or unmarked crosswalks, as long as you’re less than 50% at fault.

A car hits you in a crosswalk. You’re injured and confused. What rights do you have? Can you recover compensation? Does it matter whether the crosswalk was marked?

Crosswalk accident rights colorado law provides strong protections for pedestrians, but insurance companies won’t automatically honor those rights. You must understand what the law says and how to assert your rights effectively.

Let me walk you through Colorado’s crosswalk laws, your rights after a pedestrian crosswalk hit by car incident, and how to protect your recovery.

What Are Your Legal Rights When Hit in a Crosswalk?

Core Rights Under Colorado Law

In Colorado, pedestrians have the right to recover compensation for medical expenses, lost wages, pain and suffering, and property damage when hit by a car in a crosswalk, regardless of whether the crosswalk is marked or unmarked. Crosswalk accident rights colorado include the right to file insurance claims, pursue legal action, and hold negligent drivers accountable.

You have the right to medical treatment, legal representation, and full investigation of the accident. These rights apply even if you share some fault—Colorado’s comparative negligence rules allow recovery as long as you’re less than 50% at fault.

For a comprehensive guide to crosswalk accident rights, review all protections available under Colorado law.

Rights vs. Responsibilities

Rights come with responsibilities: you must exercise reasonable care when crossing. You have the right to assume drivers will yield, but you must still watch for traffic.

Let me tell you: having the right-of-way doesn’t mean you can step into traffic without looking. You still bear some responsibility for your safety, but drivers bear the primary duty to yield.

What Are Colorado’s Right-of-Way Laws for Crosswalks?

Marked Crosswalks

Right-of-way laws in Colorado grant pedestrians absolute priority in marked crosswalks—drivers must yield to pedestrians already in the crosswalk or about to enter. Marked crosswalks are designated with painted lines, signs, or other clear markings.

Drivers must stop and remain stopped until pedestrians completely cross their lane of travel. Failure to yield in marked crosswalks is a traffic violation that creates presumption of driver fault.

Unmarked Crosswalks

Unmarked crosswalks exist at every intersection where two streets meet, even without painted lines. Colorado law treats unmarked crosswalks the same as marked ones—pedestrians have right-of-way.

Many pedestrian crosswalk hit by car accidents occur in unmarked crosswalks because drivers don’t realize they exist. You have the same legal rights in unmarked crosswalks as in marked ones.

Understanding Colorado’s pedestrian right-of-way laws helps you recognize when drivers violate your protected status.

Mid-Block Crosswalks

Some crosswalks exist in the middle of blocks, not at intersections. These often appear near schools, parks, or busy commercial areas. Drivers must yield the same as at any other crosswalk.

What Driver Duties Apply in Crosswalk Situations?

Duty to Yield

Driver duties include stopping for pedestrians in crosswalks, checking for pedestrians before turning, and maintaining safe speeds near crosswalks. Drivers must yield when pedestrians are in the crosswalk or clearly about to enter.

They cannot pass vehicles stopped for pedestrians at crosswalks—this is a separate violation that increases liability when accidents occur.

Duty of Care When Turning

Drivers making right or left turns must check crosswalks and yield to pedestrians crossing. Many accidents happen when drivers focus on vehicle traffic but ignore pedestrians.

Turning drivers remain liable even if they claim they “didn’t see” the pedestrian. Failure to maintain proper lookout violates basic driver duties.

School Zone and Special Area Requirements

Enhanced driver duties apply near schools, including reduced speed limits and heightened awareness requirements. Learn about special protections in school zones where driver duties are even stricter.

What About Signal Compliance and Traffic Lights?

Crossing With the Signal

When crossing at signaled intersections, signal compliance means crossing when you have the “walk” signal or green light in your direction. If you cross with the proper signal and a driver hits you, they’re almost always at fault.

Drivers must yield to pedestrians with the right-of-way signal, even if the driver has a green light for turns. Signal compliance creates strong presumption of pedestrian right-of-way.

Crossing Against the Signal

Crossing against the signal (during “don’t walk” or red light) doesn’t eliminate your rights but reduces your compensation. Colorado’s comparative negligence rules reduce your recovery by your fault percentage.

Even crossing against the signal, you can recover if the driver was also negligent—speeding, distracted, or failed to keep proper lookout. One of the worst things I see is people thinking crossing against the signal means no recovery. That’s not true in Colorado.

No Signal Present

Many crosswalks have no signals or stop signs. Pedestrians have right-of-way at these locations regardless of signal absence. Drivers must yield to pedestrians crossing at any legal crosswalk.

What Should You Do Immediately After a Crosswalk Accident?

Document the Scene

Call 911 to report the pedestrian crosswalk hit by car incident—police reports are critical evidence. Photograph the crosswalk, traffic signals, vehicle, and your injuries. Get witness information before people leave the scene.

Note whether the crosswalk was marked or unmarked, whether signals were present, and what phase the signal showed. Follow the complete immediate action checklist to preserve all evidence.

Seek Medical Care

Go to the ER immediately, even if injuries seem minor. Medical records establish the link between the accident and your injuries. Delayed treatment gives insurance companies ammunition to deny your claim.

Understanding who pays for treatment helps you get care without worrying about immediate payment.

Preserve Evidence

Keep all documentation: police report, medical records, photos, witness statements. Don’t post about the accident on social media—insurance companies monitor posts and use them against claims.

Learn about building a strong evidence foundation that withstands insurance scrutiny.

How Does Comparative Negligence Affect Your Rights?

Colorado’s Modified Comparative Fault Rule

Colorado applies modified comparative negligence—you can recover damages as long as you’re less than 50% at fault. Your compensation is reduced by your fault percentage.

Example: You’re 20% at fault for not looking both ways, driver is 80% at fault for speeding. Your $100,000 in damages becomes $80,000 after reduction.

Common Fault Arguments Insurance Companies Make

Insurance adjusters claim “you weren’t paying attention,” “you were wearing dark clothing,” “you stepped out suddenly,” or “you were looking at your phone.” Lawyers counter these arguments with evidence showing driver negligence outweighs any pedestrian actions.

Review understanding how comparative fault works to understand how comparative fault works in practice.

When Comparative Fault Doesn’t Apply

If you’re in a marked crosswalk with the signal and the driver was clearly negligent, comparative fault rarely reduces your claim. Driver violations like DUI, excessive speed, or running red lights often negate comparative fault arguments.

What Compensation Can You Recover?

Medical expenses: emergency treatment, surgery, rehabilitation, future medical care. Lost wages: time missed from work and reduced earning capacity. Pain and suffering: physical pain, emotional distress, reduced quality of life. Property damage: damaged phone, clothing, or other belongings.

Review typical settlement amounts for crosswalk accidents to understand fair compensation ranges. Compensation depends on injury severity, liability clarity, and insurance policy limits.

Let me tell you: crosswalk accidents with clear driver fault typically result in higher settlements because liability is easier to prove.

What Legal Deadlines Apply to Your Rights?

Colorado’s statute of limitations gives you three years from the accident date to file a lawsuit. This deadline applies to both marked and unmarked crosswalk accidents.

Government vehicle accidents (city bus, county truck) require notice within 182 days—much shorter than the standard deadline. Miss these deadlines and you lose your right to compensation permanently.

Understanding critical deadlines protects your recovery rights. Early action preserves evidence and protects your rights.

When Should You Assert Your Rights With Legal Help?

Hire a lawyer if injuries are serious, fault is disputed, or insurance companies deny your claim. Crosswalk accidents with clear right-of-way violations should result in straightforward claims, but insurers often fight anyway.

Legal representation ensures you receive full compensation, not just what insurance companies voluntarily offer. Recognize when you need legal help before insurance companies take advantage.

We handle insurance negotiations, gather evidence proving driver fault, and calculate full compensation values. Protect yourself from adjuster tactics that undervalue legitimate claims.

How Do Location and Intersection Type Affect Your Rights?

Dangerous intersections in Denver where crosswalk accidents frequently occur may involve multiple liable parties. Poor intersection design, inadequate signage, or broken signals can create liability for the city or property owners.

Review Denver’s most hazardous pedestrian locations to understand location-specific risks. High-traffic intersections often have better surveillance footage and more witnesses.

Your rights remain the same regardless of location, but evidence quality varies by intersection type and traffic volume.

Frequently Asked Questions

Do I have rights if hit in an unmarked crosswalk?

Yes, unmarked crosswalks at intersections provide the same legal rights as marked crosswalks. Colorado law treats them identically for right-of-way purposes.

What if I was crossing against the signal?

You still have rights but your compensation will be reduced by your fault percentage. You can recover if the driver was also negligent.

Can I recover compensation if the driver claims I “darted out”?

Yes, if investigation shows the driver was speeding, distracted, or failed to maintain proper lookout. Lawyers gather evidence countering these claims effectively.

What if the crosswalk had no signal or stop sign?

Pedestrians still have right-of-way. Drivers must yield to pedestrians in all legal crosswalks regardless of traffic control device presence.

How long do I have to file a claim?

Three years from the accident date for most cases, but only 182 days if a government vehicle hit you. Don’t delay asserting rights.

What if I was partially in the crosswalk when hit?

You have full right-of-way once you enter the crosswalk. Drivers must yield to pedestrians already crossing, not just those who haven’t started.

You might have a case if the driver was negligent. But being close to a crosswalk—not in it—weakens your claim and increases your fault percentage.

Know Your Rights and Protect Them

Crosswalk accident rights colorado law provides strong protections for pedestrians, but insurance companies won’t automatically honor those rights. Right-of-way laws, signal compliance rules, and driver duties create clear legal frameworks, but you must actively assert your rights to receive fair compensation.

Our pedestrian accident legal team understands Colorado crosswalk laws and fights for victims’ rights. Contact us today for a free consultation—we’ll explain your rights, investigate driver fault, and fight for the compensation you deserve.

Don’t let insurance companies minimize your crosswalk accident. Call now to protect your rights and maximize your recovery.