Attorney in Denver, Colorado
Being involved in a pedestrian accident can have long-lasting physical, emotional, and financial consequences. Unfortunately, traffic accidents involving pedestrians are a common occurrence on our roads as many drivers do not exercise adequate care when operating motor vehicles.
In 2020, more than 6,500 pedestrians were killed in traffic accidents across the United States, according to the National Highway Traffic Safety Administration. Of those, 87 deaths occurred in Colorado.
If you were injured as a pedestrian or your loved one was killed or incapacitated in a pedestrian accident, contact Mark A. Simon, Attorney at Law, to get quality legal representation. Our pedestrian accident attorney in Denver, Colorado, represents injured victims and their families throughout the state of Colorado, including Aurora, Thornton, Lakewood, Commerce City, Centennial, Arvada, Englewood, and Wheatridge.
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The Laws That Affect Pedestrian Accidents
If you have been injured in a pedestrian accident in Colorado, it is important to understand your rights under state law. Colorado’s pedestrian right-of-way law sets out the rights of pedestrians and the responsibilities of drivers.
Under the law, drivers must yield the right-of-way to pedestrians in crosswalks at intersections or other marked crossings. This means that when a pedestrian is in a marked crosswalk, drivers must stop their vehicles and allow the pedestrians to safely pass. Drivers are also required by statute to exercise due care while driving and must take reasonable steps to avoid colliding with a pedestrian.
The law also establishes certain responsibilities for both pedestrians and drivers. For example, pedestrians should not suddenly leave a curb or other place of safety into the path of a vehicle that is so close that it is impractical for the driver to yield. Additionally, drivers should not overtake or pass any vehicle stopped at a marked crosswalk or an unmarked crosswalk at an intersection. Both pedestrians and drivers should exercise caution when traveling on roadways in order to reduce the risk of accidents occurring.
Due to complex laws surrounding pedestrians and motor vehicles, navigating these types of cases without legal representation can be difficult and overwhelming. That is why you might want to contact our pedestrian accident attorney in Denver, Colorado, to get quality representation while you focus on your treatment.
Fault Determination After a Pedestrian Accident
The key factor to any successful personal injury claim is determining who was at fault for the accident. Colorado is a fault state, which means the injured party can file a claim against responsible parties to recover damages.
Colorado also has comparative negligence laws which means that both parties may be found responsible for an accident depending on their individual actions leading up to it. Generally speaking, if a pedestrian is injured and is deemed more than 50% responsible for the accident, they will not be able to recover any compensation for their injuries or damages.
Statute of Limitations
In the state of Colorado, victims of pedestrian accidents – and all other traffic accidents, for that matter – have three years from when the incident occurred to file a personal injury claim against the party at fault.
If you fail to file within this time frame, you may not be eligible to receive any compensation or damages related to your case. It’s imperative that you contact an experienced pedestrian accident attorney in Denver, Colorado, as soon as possible after an accident so they can help build your case and make sure you do not miss this crucial deadline.
If you have been injured in a pedestrian accident, you may be entitled to compensation for your economic damages such as medical bills, lost wages from missed work, and property damage (if applicable). You may also be entitled to compensation for non-economic damages such as pain and suffering and emotional distress caused by your injuries.
You could also get request punitive damages after a pedestrian accident, but only if you can prove that the defendant engaged in willful or wanton conduct. When requesting punitive damages – also known as exemplary damages in Colorado – the court will determine whether or not awarding punitive damages would be appropriate.
The total value of the punitive damages award cannot exceed the total amount of your economic and non-economic damages combined.
What Steps Should I Take Next?
If you or your loved one was involved in a pedestrian accident in Colorado, it’s important to take the necessary steps to protect your legal rights and ensure that you receive proper compensation for any claims.
If you are the victim. If you are the victim of a pedestrian accident, there are several steps that you should take. First, make sure that you seek medical attention right away. It is also vital to contact the police and file an official report about the incident. You also need to gather evidence at the scene of the accident, such as photos or videos, witness statements, and contact information from all parties involved in the accident. Additionally, keep track of any expenses incurred due to your injuries, such as medical bills or lost wages from missed work. This information will be necessary when filing a personal injury claim.
If you are representing a loved one. If someone close to you was incapacitated or killed due to a pedestrian accident, there are several steps that must be taken. First, obtain copies of all relevant documents related to the incident such as police reports and medical records. Then, contact an experienced attorney who can help guide you through complex legal proceedings while advocating on behalf of your loved one. Your attorney will also help you determine what types of damages may be available for your claim including medical expenses and lost wages due to missed work days.
A skilled pedestrian accident attorney can help guide you through every step of the claims process from filing claims and gathering evidence all the way through trial if necessary. Your attorney will also ensure that all required documents are filed before deadlines pass so that your claim remains valid throughout the entire process.
Pedestrian Accidents Attorney Serving Denver, Colorado
Pedestrian accidents can have devastating consequences. However, taking proactive steps after an incident can help protect victims’ rights and provide much-needed peace of mind during this difficult time. Whether you were injured as a pedestrian yourself or are representing someone else who was incapacitated or killed due to an accident, Mark A. Simon, Attorney at Law, can help. Reach out to our office in Denver, Colorado, to schedule a consultation with Attorney Simon.