Pedestrian Hit by Car in Castle Rock: 8 Steps in the First 72 Hours That Protect Your Health and Your Case
An airplane that crashes records everything in the final seconds. The flight data recorder captures speed, altitude, heading, and control inputs. The cockpit voice recorder captures every word. Together, they reconstruct exactly what happened and why. Your pedestrian accident case also has a “black box” — the crash site, the driver’s cell phone data, intersection camera footage, the Event Data Recorder in the vehicle, and emergency room records created as soon as possible after the crash. Data stored in all of these sources can be lost forever if not preserved within hours of the incident. Lost data means you cannot demonstrate to a judge or jury what actually occurred.
If you were hit by a car while walking in Colorado, call 911 immediately. Do not move if you suspect spinal injuries. Collect the driver’s license and insurance information if you are physically able. Photograph the scene. Do not give a recorded statement to the driver’s insurance company. The statute of limitations is three years under C.R.S. § 13-80-101, but evidence preservation deadlines are measured in hours — not years. Call a pedestrian accident lawyer before you sign anything.
Rampart Injury Lawyers handles pedestrian accident cases along the entire I-25 corridor from Denver to Colorado Springs. Call (303) 766-8766 for a free consultation. No attorney fees unless we recover compensation for you.
The 8 Steps in the First 72 Hours That Protect Your Case
The first three days after a pedestrian accident determine whether critical evidence survives or disappears. NHTSA reports that 7,314 pedestrians were killed and more than 68,000 were injured in traffic crashes in the U.S. in 2023 alone. In Colorado, CDOT data shows 120 pedestrian fatalities in 2024. Every one of those cases depended on evidence that was either preserved or lost in the first 72 hours.
Call 911
Your police report is the foundation of your case. It documents the location, the driver’s identity, the officer’s description of the scene, witness contact information, and sometimes an initial fault assessment. Colorado law requires all drivers to file a police report whenever someone is injured or dies in an accident. If the driver who hit you tells you not to call the police, that is a red flag — not a gesture of goodwill. There is a significant difference between having an objective police report to base your case on versus relying solely on the insurance company’s version of events.
Accept Medical Transport if You Need It
Your emergency room records created on the day of the crash are a critical component of your damages case. They document the mechanism of injury (pedestrian struck by auto), your presentation at the time of injury (pain, obvious injuries, etc.), and the imaging studies ordered as a result of the crash — CT scans, X-rays, and any other workup. Adrenaline masks pain and concussion symptoms often develop hours or days after impact. The defense attorney will later contend that any injuries not documented at the scene were caused by an intervening event. Accepting ambulance transport and the immediate ER visit on the day of the crash creates the chain of medical records linking your injuries directly to the accident. If you later develop symptoms but have no ER visit from the crash date, that gap will be used against you.
Photograph Everything at the Scene
If you are physically able, photograph: (a) the vehicle(s) involved; (b) the license plate; (c) damage to the vehicle; (d) the roadway and intersection; (e) traffic signals and crosswalk markings, or the absence of them; (f) your injuries; (g) your clothing; and (h) the position of the vehicle relative to where you were walking. Those photos create evidence that cannot be removed or altered. Within hours of an accident, vehicles are towed away, bloodstains are washed off, skid marks fade. Your phone captures exactly how things looked immediately after impact — irreplaceable documentation that no reconstruction expert can fully replace.
Get Witness Names and Phone Numbers
Witnesses leave within minutes. Within 24 hours, people who saw what happened are back to their daily lives and may be difficult or impossible to locate again. Get names and contact information on the spot if you can. If you cannot, the police report will include witness contact information. Statements taken by police officers from witnesses immediately following the accident — before defense counsel has had any opportunity to speak with the driver and develop an alternative account — are typically the most reliable and least influenced accounts of what happened.
Your Attorney Sends Preservation Letters Immediately
This is the step that separates attorneys who try cases from attorneys who process claims. As soon as possible, your attorney should send formal preservation demands for three categories of evidence that will be permanently destroyed without immediate action:
Traffic and surveillance camera footage: Intersection cameras, nearby business security cameras, and dashcam footage from other vehicles record the crash in real time and are the most powerful evidence in any pedestrian case — they eliminate the “he said/she said” dynamic the defense relies on. Most surveillance systems overwrite footage on a 24–72 hour loop. Municipal intersection camera data may be retained for 30 days. An attorney who waits until the demand letter phase to request this footage will find it does not exist.
Event Data Recorder (EDR): Virtually all vehicles manufactured since 2013 contain an EDR that captures speed before and after a collision, braking force applied, steering input, and throttle position. This data proves exactly how fast the driver was traveling when they hit you and whether they applied the brakes. Your lawyer must send a preservation demand before the vehicle leaves the collision repair shop. Once it does, there is no guarantee the EDR data still exists.
Cell phone records: App usage logs, GPS pings, text message metadata, and social media timestamps all establish whether the driver’s attention was on the road or on a screen in the seconds before impact. Under Colorado’s Hands-Free Law (C.R.S. § 42-4-239), holding a phone while driving is a statutory violation. Subpoenas for carrier records must be issued before the carrier’s retention period expires.
Do Not Give a Recorded Statement to Any Insurance Company
The adjuster representing the driver who hit you will call within days. They will sound friendly and want to “help resolve this quickly.” What they are actually doing is locking in your version of events before you know the full extent of your injuries, before imaging is complete, before a surgeon has determined whether surgery is needed, and before anyone has calculated 18 months of physical therapy costs. Anything you say in a recorded interview can be used by the defense to reduce or deny your claim. You are not required to provide one. Decline politely and tell them your attorney will be in touch.
Attend Every Medical Appointment
Missing follow-up medical visits creates gaps in the record that defense counsel will argue were reasonable opportunities for you to mitigate your damages. Missing scheduled physical therapy sessions creates similar gaps. The chain connecting your injuries to the crash and documenting the full cost of recovery includes every physician visit, every imaging study, every specialist referral, and every therapy session. Keep every appointment. Document every symptom. The medical record is the spine of your damages case.
Call Rampart
You did not cause this accident. You were walking somewhere — to your car, to the store, across the street, through a parking lot — when a driver who was not paying attention struck you with a machine weighing approximately two tons. The legal system exists to hold that responsible party accountable and to compensate you fully for all injuries caused by their negligence. Experienced pedestrian accident lawyers change the trajectory of your case by ensuring evidence is preserved, medical documentation is complete, and the insurance company understands your case is prepared for trial — not just another demand letter from a lawyer who has never seen the inside of a courthouse.
Why Pedestrian Injuries Are Almost Always More Severe Than You Think
Insurance companies instinctively classify pedestrian accidents as “low-speed” events to minimize the severity of your injuries. The physics tell a different story. Every pedestrian struck by a vehicle experiences three distinct trauma events in one collision — a sequence that produces injuries disproportionate to the vehicle’s speed alone.
First Impact: Bumper to Lower Extremities
The front bumper strikes the pedestrian’s lower extremities — the exact point depending on vehicle height. Sedans hit at knee level; SUVs and pickups strike at the hip or pelvis. According to the Governors Highway Safety Association, SUVs and light trucks now account for 54% of all pedestrian fatalities nationally — a direct consequence of the greater forces these taller vehicles produce on the human body at the same impact speed.
Second Impact: Hood and Windshield
The pedestrian’s upper torso rotates onto the hood or windshield. The head and cervical spine absorb force against the hood, A-pillar, or windshield glass — the primary mechanism of traumatic brain injury and cervical spine fractures in pedestrian crashes. Even at low speeds, the rotational acceleration of the head against a solid surface produces coup-contrecoup forces and diffuse axonal injury — the widespread neural pathway damage responsible for memory loss, personality changes, and cognitive deficits.
Third Impact: The Ground
The pedestrian is thrown or slides from the vehicle and strikes the pavement. Head, shoulder, clavicle, wrist, and rib cage absorb the final impact — a second opportunity for brain injury, and the source of fractures, road rash, and internal organ injuries that compound the first two impacts. According to the AAA Foundation for Traffic Safety, a pedestrian struck at 30 mph faces approximately a 25% fatality risk. At 40 mph, that risk climbs to approximately 50%.
Three trauma events. One crash. No crumple zone. No airbag. The human body absorbs 100% of the kinetic energy.
Why the Insurance Adjuster Calls Fast and What They Are Actually Doing
Within days of the accident, the driver’s insurance company will call. The representative will appear sympathetic, inquire about your recovery, and may offer to help cover some medical expenses — or propose an advance settlement before you have seen any specialists.
This call has two objectives: (1) lock you into a recorded statement describing the accident in the least severe terms while your injuries are still unclear, and (2) close the file with the lowest possible payment before your full medical picture develops.
A concussion described as “okay” in the ER can produce disabling post-concussive symptoms weeks later. Pelvic fractures considered manageable can require surgery and months of no weight-bearing. Spinal injuries that seemed like back pain can become herniated discs compressing a nerve root. The adjuster’s goal is to issue a check before any of this becomes clear — while the ambulance bill seems like the biggest number on the table, and before you have any idea what surgery, 18 months of physical therapy, and lost wages will actually cost.
Do not provide a recorded statement. Do not accept a premature settlement. The first offer is not their best offer — it is their test offer to see if you will accept before you hire a lawyer. Contact an attorney before you sign anything.
Who Pays: The Insurance Layers in a Colorado Pedestrian Accident Case
The Driver’s Liability Insurance
Colorado requires minimum liability coverage of $25,000 per person / $50,000 per accident for bodily injury. In a catastrophic pedestrian injury case, the minimum policy is grossly inadequate. Many drivers carry higher limits, and commercial vehicles — delivery vans, trucks, rideshare drivers on the clock — frequently carry $1 million or more in liability coverage. Identifying all applicable policies and all potential defendants is one of the first tasks your attorney performs.
Your Own UM/UIM Coverage
If the driver fled the scene or carried insufficient insurance, your own uninsured/underinsured motorist (UM/UIM) policy provides coverage — even though you were not in a vehicle at the time of the crash. Under C.R.S. § 10-4-609, UM coverage extends to pedestrians insured under a Colorado auto policy. This is a critical recovery pathway that many pedestrian victims do not know exists. NHTSA data shows that 1 in 4 pedestrian fatalities nationally involves a hit-and-run driver. See our pages on hit-and-run accidents and UM/UIM claims.
Health Insurance and Subrogation
Your health insurance may pay your medical bills initially, but if you recover a settlement or verdict from the at-fault driver, your health insurer may assert a subrogation lien — a right to be repaid from your recovery. Negotiating subrogation liens is a critical part of maximizing the net amount you actually take home. An experienced pedestrian accident lawyer negotiates these liens aggressively, because every dollar the health insurer accepts in reduction is a dollar that stays in your pocket rather than being returned to the insurer.
Comparative Fault: How “You Should Have Been Watching” Gets Used Against You
The defense’s first move in nearly every pedestrian case is to shift blame to the pedestrian. “You were crossing outside a crosswalk.” “You were wearing earbuds.” “You were looking at your phone.” “You should have been watching.” Under Colorado’s modified comparative negligence rule (C.R.S. § 13-21-111), you can still recover as long as your fault does not reach 50%. At 30% fault, you recover 70% of total damages. At 49%, you still recover 51%. The defense’s entire strategy is built around pushing that percentage to the 50% threshold.
The counterargument is built on evidence, not emotion. The driver’s speed establishes whether they had time to stop. Cell phone records establish whether they were watching the road. The sight lines at the intersection establish whether you were visible. Crosswalk markings — or the absence of them — establish whether you were where you were supposed to be. Even outside a crosswalk, the driver owes a duty of due care to avoid striking any pedestrian under C.R.S. § 42-4-807. The crosswalk is not a switch that turns the driver’s duty on and off. See our crosswalk accident analysis for a deeper look at how negligence per se strengthens these cases.
Frequently Asked Questions: Hit by a Car While Walking in Colorado
What if the driver who hit me left the scene?
A hit-and-run is a criminal offense under C.R.S. § 42-4-1601. On the civil side, your own auto insurance UM/UIM coverage applies to pedestrian hit-and-run claims under C.R.S. § 10-4-609, even though you were not in a vehicle. Law enforcement investigation using surveillance footage, license plate readers, and vehicle debris may also identify the driver. See our page on hit-and-run accidents in Colorado.
Does my health insurance pay if I’m hit by a car while walking?
Your health insurance typically covers initial medical treatment regardless of how the injury occurred. However, your health insurer may assert a subrogation lien against any settlement or verdict you recover from the at-fault driver. Colorado’s MedPay coverage, if included in your auto policy, can also cover medical expenses regardless of fault. An attorney who understands the interplay between health insurance, MedPay, liability coverage, and UM/UIM maximizes your net recovery after all liens are resolved.
Can I recover if I was crossing outside a crosswalk?
Yes. Even outside a crosswalk, the driver owes a duty of due care to avoid striking any pedestrian under C.R.S. § 42-4-807. C.R.S. § 42-4-803 requires pedestrians outside crosswalks to yield to approaching vehicles, which may contribute to a comparative fault finding — but comparative fault reduces recovery proportionally, it does not eliminate it unless your fault reaches 50% or more under C.R.S. § 13-21-111.
What if the car that hit me was a commercial vehicle?
Commercial vehicles — delivery vans, box trucks, tractor-trailers, rideshare vehicles — carry substantially higher liability insurance limits than personal vehicles, often $1 million or more per occurrence. The commercial entity (the employer, the trucking company, the rideshare platform) may also be independently liable under respondeat superior or negligent hiring theories. For truck-specific analysis, see our Colorado truck accident lawyers page.
What if I was hit while jogging and wearing earbuds?
Wearing earbuds while jogging is not illegal in Colorado and does not bar recovery. The defense may argue it contributed to your inability to hear the approaching vehicle, which could factor into the comparative fault analysis. But the driver’s duty under C.R.S. § 42-4-807 requires them to exercise due care to avoid striking any pedestrian — regardless of what the pedestrian is wearing or listening to. The driver’s speed, attention, and sight lines are the primary liability factors, not the pedestrian’s headphones.
How much is my case worth if I was hit by a car while walking?
Every case depends on injury severity, permanence, available insurance coverage, and the credibility of the trial threat. Colorado’s noneconomic damages cap under HB 24-1472 is $1.5 million for personal injury and $2.125 million for wrongful death (C.R.S. § 13-21-102.5). Economic damages have no cap. For a detailed analysis, see our page on pedestrian accident settlements in Colorado. Past results do not guarantee future outcomes.
What is the statute of limitations for a pedestrian accident case in Colorado?
Three years from the date of injury under C.R.S. § 13-80-101. Two years from the date of death for wrongful death claims under C.R.S. § 13-21-204. If a government entity may be liable, a separate 182-day notice deadline applies under C.R.S. § 24-10-109. Evidence preservation deadlines are measured in hours, not years — camera footage and EDR data begin disappearing within 24–72 hours of the crash.
Related Resources
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Related Pedestrian Sub-Topics
- Crosswalk Accident Lawyer Colorado
- Parking Lot Pedestrian Accidents
- Distracted Driver Pedestrian Accidents
- Pedestrian Accident Settlements in Colorado
- Drunk Driver Hits Pedestrian Colorado
- Child Pedestrian Accident Lawyer Colorado
- Pedestrian Hit by Car at Night Colorado
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You Were Hit by a Car While Walking. That Is Not Your Fault.
You were walking — to your car, to the store, across the street, through a parking lot. A driver who was not paying attention, going too fast, or looking at a phone hit you with a two-ton machine. Now you are dealing with hospital bills, missed paychecks, pain that wakes you up at 3 a.m., and an insurance company telling you their offer is “fair.”
It is not fair. It is the lowest number the adjuster thinks you will accept before you hire a lawyer.
Call Rampart Injury Lawyers at (303) 766-8766. Free case evaluation. No fee unless we recover compensation for you. We handle pedestrian accident cases along the entire I-25 corridor from Denver to Colorado Springs.
