Pedestrian Accident Lawyer in Castle Rock
When a car hits a person walking, there is no crumple zone. There is only the human body.
The reason for such severe personal injury as a result of pedestrian accidents is due to the fact that an automobile, when it strikes a pedestrian, will transfer its momentum with a speed of approximately 30 mph directly into the pedestrian’s body. This results in an impact which equates to the effect of a person falling from a three story building onto concrete. Since the vehicle does not have any of the features which are intended to reduce the amount of force absorbed by the human body, such as crumple zones, air bags, seat belts, or a steel cage, the pedestrian absorbs 100 percent of the force of the impact. As a result of this type of force being applied to the pedestrian’s body, serious injury may include traumatic brain injuries, pelvic fractures, spinal cord damage, and internal organ trauma. In comparison, the same force that could cause significant damage to a pedestrian would likely cause little to no damage to a car involved in a car-on-car accident.
Rampart Injury Lawyers has handled pedestrian cases, seen the injuries, and fought for our clients when they were struck as a pedestrian by a motor vehicle. We handle cases all over Colorado, including from Denver to Colorado Springs. If you or someone you know was hit as a pedestrian, reach out for a free consultation.
Colorado pedestrian accident law requires drivers to yield the right of way to pedestrians in crosswalks under C.R.S. § 42-4-802 and to exercise due care to avoid striking any pedestrian on any roadway under C.R.S. § 42-4-805. Colorado’s modified comparative negligence rule under C.R.S. § 13-21-111 applies to pedestrian cases. A pedestrian who is 50% or more at fault recovers nothing. The statute of limitations is 3 years under C.R.S. § 13-80-101.
Along the I-25 corridor, pedestrian crashes cluster near commercial areas where wide, high-speed roads intersect with retail destinations that generate foot traffic. The Outlets at Castle Rock. The Powers Boulevard corridor in Colorado Springs. The Park Meadows area near Lone Tree. These are places where people walk, and where drivers are not paying enough attention to the people walking.
The Physics of a Pedestrian Collision
Speed determines survival. This is not a metaphor. The relationship between vehicle speed and pedestrian fatality risk has been studied extensively, and the data is unambiguous.
Source: AAA Foundation for Traffic Safety, Impact Speed and a Pedestrian’s Risk of Severe Injury or Death.
| Vehicle Speed at Impact | Risk of Severe Injury | Risk of Pedestrian Death or Severe Injury |
|---|---|---|
| 20 mph | Moderate | ~5% |
| 30 mph | High | ~40% |
| 40 mph | Very High | ~80% |
| 50+ mph | Near-certain | ~90%+ |
Speed limits in urban areas can be as low as 30 mph. A pedestrian hit by an automobile traveling 30 mph has a 40% chance of death or serious injury, while one hit by an automobile traveling 40 mph has an 80% chance of death or serious injury. The reason for this large difference in fatality rates is because the kinetic energy of a vehicle is directly proportional to the square of its speed. Thus, a car going 40 mph is carrying about 4 times as much kinetic energy as a car traveling 20 mph. Unlike crashes involving vehicles, there is no structure, like a hood, that reduces the amount of force transmitted to the pedestrian.
Pedestrian collisions often produce a specific injury pattern. The initial impact, usually to the lower extremities, causes pelvic fractures and knee ligament tears. The pedestrian is then thrown onto the hood and windshield, causing head and spinal injuries from the secondary impact. The third impact occurs when the pedestrian hits the ground. Three separate trauma events from a single collision. This is part of the reason why pedestrian injuries are often more severe than car-occupant injuries at the same speed.
Colorado Pedestrian Laws: Who Has the Right of Way
Drivers Must Yield to Pedestrians in Crosswalks
Under C.R.S. § 42-4-802, when a pedestrian is in a crosswalk, marked or unmarked, the driver of any vehicle must yield the right of way. The driver must slow down or stop to allow the pedestrian to cross safely. This applies at every intersection in Colorado, whether or not there is a painted crosswalk. An unmarked crosswalk exists at every intersection by default under Colorado law. The driver’s duty to yield is not optional. It is statutory.
Drivers Must Exercise Due Care at All Times
Even when the pedestrian is outside a crosswalk, C.R.S. § 42-4-805 requires every driver to exercise due care to avoid colliding with any pedestrian on any roadway. This is a universal duty. It means a driver who strikes a pedestrian outside a crosswalk is not automatically absolved. The driver must still demonstrate they were exercising due care. Were they watching the road? Were they traveling at a safe speed? Were they distracted by a phone? The due care statute keeps the driver accountable regardless of where the pedestrian was walking.
Pedestrians Have Duties Too
Under C.R.S. § 42-4-803, a pedestrian crossing a roadway at any point other than within a marked or unmarked crosswalk must yield the right of way to all vehicles. This is the statute insurance companies cite when they argue the pedestrian was jaywalking. But there is a critical distinction: the pedestrian’s failure to use a crosswalk does not eliminate the driver’s duty of due care. Both duties operate simultaneously. The question becomes one of comparative fault, not an all-or-nothing defense.
Comparative Fault in Pedestrian Cases: The 50% Bar Still Applies
This is the section most pedestrian accident pages on the internet skip. Pedestrians are not exempt from Colorado’s comparative negligence law. Under C.R.S. § 13-21-111, if a jury finds the pedestrian was 50% or more at fault for the collision, the pedestrian recovers nothing. The bar is set at 50%. If the pedestrian is deemed to be less at fault than the other driver, their recovery is reduced proportionally to the pedestrian’s fault percentage. So, for example, if the pedestrian was 30% at fault, their recovery is reduced by 30%.
The battle over fault in many pedestrian cases is the whole case. The insurance company will try to get the pedestrian’s percentage of fault to 50% or higher so they can deny the claim completely. To successfully defend against their attempt to increase your client’s percentage of fault by as much as possible, it may be essential to present evidence such as cell phone records, dash camera video, video from street or business surveillance cameras, speed calculations based upon EDR data, analysis of road design, and studies regarding the amount of lighting. Pedestrian cases are probably not something you should be handling alone.
Types of Pedestrian Accidents in Colorado
Crosswalk Collisions
The pedestrian was within the confines of the crosswalk. The driver did not yield to the pedestrian while he or she was using the crosswalk. This is the most dangerous type of liability case for the driver because once a pedestrian enters the crosswalk as provided by statute under C.R.S. § 42-4-802, the driver has an absolute duty to stop the vehicle before entering the crosswalk. Typical variations include the failure of a right-turning driver to look into the crosswalk for pedestrians, the failure of a left-turning driver to see a pedestrian crossing in a crosswalk that is perpendicular to the oncoming traffic, and the failure of a driver to scan the intersection prior to accelerating through a yellow light. These types of accidents occur most frequently at busy intersections near shopping areas and schools located along the I-25 corridor.
Parking Lot Pedestrian Accidents
Parking lots are private property, which means standard traffic statutes may not apply in the same way. But the driver’s common law duty of care still applies, and the due care statute under C.R.S. § 42-4-805 extends to any roadway. Backing accidents are particularly dangerous in parking lots because the driver’s field of vision is severely limited, even with backup cameras. Children and elderly pedestrians are disproportionately struck in parking lot incidents because they are smaller, move unpredictably, and are harder to see in mirrors.
Hit-and-Run Pedestrian Accidents
The driver who runs into a pedestrian and then leaves the area has violated C.R.S. § 42-4-1601, the duty to stop. If the pedestrian suffered serious bodily injury, the driver can be charged with a Class 4 felony. Likewise, if the pedestrian died as a result of being struck by the driver, the driver may be charged with a Class 3 felony. Evidence that the driver left the accident scene may also be used as evidence of the driver’s consciousness of guilt in the pedestrian’s civil lawsuit.
If the pedestrian does not have information about who the driver was when he or she ran into them, the pedestrian may use their own uninsured motorist coverage through their auto insurance company. According to C.R.S. § 10-4-609, the unknown driver involved in a hit-and-run incident will be considered an uninsured driver for purposes of using the pedestrian’s UM coverage. The UM coverage provided by the pedestrian’s auto insurance policy will apply to injuries sustained while the pedestrian was walking on foot, so it does not matter if the pedestrian was driving a vehicle at the time. This is one of many areas where most people are unaware of how the laws surrounding automobile insurance apply to them. In fact, the UM coverage that is part of your auto insurance policy will follow you as a pedestrian and provide coverage if you are injured in a hit-and-run incident, as long as you have it on your policy.
Distracted Driver Pedestrian Accidents
A driver looking at a phone screen cannot see a pedestrian stepping into a crosswalk. Colorado’s Hands-Free Law, C.R.S. § 42-4-239, prohibits drivers from holding a phone while operating a vehicle. A violation of this statute is negligence per se. Combined with the failure to yield at a crosswalk, a distracted driver who strikes a pedestrian faces two independent statutory violations supporting the civil claim. Cell phone records and app usage data from the moments before impact are critical evidence.
Drunk Driver Pedestrian Accidents
An impaired driver has reduced reaction time, degraded peripheral vision, and impaired judgment about speed and distance. Pedestrian collisions involving impaired drivers frequently occur near bars, restaurants, and entertainment districts after dark. When impairment is established, the pedestrian may recover exemplary damages under C.R.S. § 13-21-102, and if the driver was over-served at a bar, dram shop liability under C.R.S. § 44-3-801 may provide an additional claim against the establishment.
Pedestrian Accident Injuries: Why They Are More Severe
The typical three-impact sequence of a pedestrian collision, bumper strike to the lower body, hood or windshield strike to the upper body, and ground impact, often produces a specific pattern of injuries that are more severe than same-speed vehicle occupant injuries. There is no exact calculation of how much these injuries are worth, though, because it depends on the nature of the injuries, treatment, recovery, liability factors, and applicable insurance coverage. For more information about your case specifically, please contact Rampart Injury Lawyers for a free consultation.
Pedestrian Danger Zones Along the I-25 Corridor
Pedestrian crashes are not evenly distributed. They typically cluster where there is a higher level of foot traffic, particularly if those same areas are also surrounded by wide, higher-speed roads. More specifically along Rampart’s I-25 corridor from Denver to Colorado Springs, these are the locations that produce the most pedestrian cases.
Park Meadows / Lincoln Avenue (Lone Tree / Greenwood Village)
The Park Meadows retail area generates heavy pedestrian traffic crossing multi-lane arterials designed primarily for vehicle throughput. Lincoln Avenue, Yosemite Street, and the surrounding intersections prioritize vehicle speed over pedestrian safety. Crosswalks exist, but the distance between refuge points is long, and drivers making right turns on red frequently fail to check the crosswalk.
Castle Rock Outlets / Meadows Parkway
The Outlets at Castle Rock generate pedestrian traffic crossing Meadows Parkway, a road designed for interstate interchange traffic, not foot traffic. For drivers passing through, the grade changes near the I-25 interchange limit sight distance, which could lead to pedestrian collisions. Weekend and holiday shopping periods produce the highest pedestrian exposure.
Powers Boulevard Corridor (Colorado Springs)
Powers Boulevard is an extremely fast and wide arterial in the heart of Colorado Springs’ retail area. Retail areas exist on both sides of the street, which causes pedestrians to have to cross a very wide highway that is designed to move traffic at speeds as high as 55 mph, not to protect walkers. The Woodmen Road and Dublin Boulevard intersections are among the most hazardous.
Academy Boulevard (Colorado Springs / Security-Widefield)
Academy Boulevard serves military base traffic, commercial traffic, and residential neighborhoods simultaneously. The road is wide, fast, and hostile to pedestrians. Bus stops located on Academy Boulevard force transit riders to cross the road at locations with inadequate pedestrian infrastructure.
How Rampart Builds Pedestrian Accident Cases
Evidence Collection
Surveillance footage from nearby businesses may be the most valuable evidence in a pedestrian case, and it disappears fast. Gas stations, banks, retail stores, and parking lot cameras may have captured the collision from an angle that shows exactly what the driver and the pedestrian were doing in the seconds before impact. We often send preservation demands within hours of being retained. We might also obtain CDOT and municipal traffic camera footage, cell phone records and app usage data for the driver, EDR data from the vehicle, 911 recordings, and police body camera footage.
Accident Reconstruction
In disputed fault cases, we can retain accident reconstruction engineers who calculate the vehicle’s speed at impact using physical evidence such as tire marks, damage patterns, and the throw distance of the pedestrian. Throw distance analysis, in particular, is a scientifically established method for calculating vehicle speed in pedestrian collisions. This is when the reconstructionist measures and compares where the initial impact was compared to the pedestrian’s final rest position. Combined with visibility analysis, how far could the driver see the pedestrian and was there adequate lighting, reconstruction evidence can move the fault allocation dramatically.
Road Design and Infrastructure Analysis
Some pedestrian crashes are caused not just by driver negligence but by road design that is hostile to pedestrians. Missing crosswalks, inadequate lighting, absence of pedestrian refuge islands, signal timing that does not give pedestrians enough time to cross, and road geometry that prioritizes vehicle speed over pedestrian safety are all potential contributing factors. When road design contributed to the crash, a separate claim may exist against the municipality or CDOT, subject to the 182-day CGIA notice requirement under C.R.S. § 24-10-109.
If your pedestrian accident was caused in part by a road design defect, no crosswalk, no lighting, or inadequate signal timing, a claim against the municipality or CDOT may exist. But the Colorado Governmental Immunity Act requires a 182-day notice of claim under C.R.S. § 24-10-109. Missing this deadline kills the government claim entirely.
Damages in Colorado Pedestrian Accident Cases
Pedestrian cases frequently produce damages that approach or exceed policy limits because the injuries are so severe. Economic damages, medical bills, lost wages, and future care costs, have no cap in Colorado. Noneconomic damages, pain, suffering, loss of enjoyment of life, and disfigurement, are capped at $1,500,000 under C.R.S. § 13-21-102.5. Consult with an attorney, though, because these caps may change depending on when your collision occurred. For wrongful death cases, the cap is $2,125,000 under C.R.S. § 13-21-203. These caps apply per claim, and the court may increase them upon a showing of clear and convincing evidence.
Because the minimum liability coverage of an at-fault driver in Colorado is limited to $25,000 for each person injured according to C.R.S. § 10-4-619, a victim of a pedestrian accident may have to combine, or stack, several potential coverage sources: the at-fault driver’s liability insurance coverage, the pedestrian’s own UM/UIM coverage, the at-fault driver’s umbrella coverage if available, as well as any dram shop or governmental liability claims.
Frequently Asked Questions: Pedestrian Accidents in Colorado
Can I Recover Compensation if I Was Jaywalking When I Was Hit?
Yes, in some cases. Being outside a crosswalk does not bar your claim by itself. Under C.R.S. § 42-4-805, the driver still had a duty to exercise due care to avoid hitting you. Colorado’s comparative fault law under C.R.S. § 13-21-111 allows recovery as long as your fault is less than 50%. Your recovery is reduced by your fault percentage. A pedestrian found 30% at fault still recovers 70% of the damages.
Does the Driver’s Insurance Cover Me if I Was Walking, Not Driving?
Yes. The at-fault driver’s auto liability insurance covers injuries to pedestrians. You do not need to have been in a vehicle to file a claim against the driver’s insurance. If the driver was uninsured or underinsured, your own UM/UIM coverage may apply even though you were a pedestrian at the time.
What Is the Statute of Limitations for a Pedestrian Accident in Colorado?
Three years from the date of the accident for personal injury under C.R.S. § 13-80-101. Two years for wrongful death under C.R.S. § 13-21-204. If a government entity is involved, such as a road design defect or city vehicle, the 182-day CGIA notice deadline applies.
What If the Driver Who Hit Me Left the Scene?
If the driver who hit you left the scene, you may file a claim under your own uninsured motorist coverage. Under C.R.S. § 10-4-609, an unidentified hit-and-run driver is treated as an uninsured motorist. Put another way, your UM coverage applies even though you were a pedestrian, not a vehicle occupant, as long as it is on your policy.
Can I Sue the City if the Crosswalk Was Missing or the Lighting Was Inadequate?
Potentially. If a road design defect contributed to the accident, a claim against the municipality or CDOT may exist under the Colorado Governmental Immunity Act. But you must file a notice of claim within 182 days under C.R.S. § 24-10-109. These claims are complex and time-sensitive, so consult with an attorney immediately if you think this applies to you.
How Much Is My Pedestrian Accident Case Worth?
Pedestrian accident cases tend to produce higher values than vehicle-occupant cases because the injuries are more severe. The available insurance coverage is often the limiting factor. Other factors include the injuries, the treatment, the recovery, the liability facts, and the claims involved.
What Should I Do Immediately After Being Hit by a Car as a Pedestrian?
When it is reasonable to do so, dial 911. Do not attempt to move if you believe that you have suffered spinal injuries. Obtain the driver’s license number, first and last names, and insurance provider from the at-fault party. Also obtain the contact information of any potential witness. Take photos of the accident scene, the damaged vehicles, and any visible injuries that you may have sustained as soon as possible. Seek immediate medical attention. Refrain from giving a video or audio taped statement to the at-fault party’s insurance company.
Does Colorado’s Hands-Free Law Apply to Pedestrian Accidents?
Yes. If the driver was holding a phone at the time of impact, they violated C.R.S. § 42-4-239. That violation is negligence per se in the civil case. Combined with the failure to yield or the failure to exercise due care, a Hands-Free Law violation strengthens the pedestrian’s case on liability and may shift the fault allocation significantly.
What If I Was Hit in a Parking Lot?
Parking lot accidents are covered by the driver’s common law duty of care and the due care statute under C.R.S. § 42-4-805. Backing accidents are particularly common and dangerous in parking lots. The driver’s liability insurance covers pedestrian injuries in parking lots the same way it covers injuries on public roads.
Can I Recover Damages for Disfigurement from a Pedestrian Accident?
Yes. Disfigurement is a recognized category of damages in Colorado. Colorado Pattern Civil Jury Instructions chapter 6, especially 6:1, specifically allows for physical impairment damages or disfigurement. This is a separate category from economic and non-economic damages. These are typically for the more severely injured clients, and Rampart Injury Lawyers deals with these types of damages for our clients quite a bit. Although there is no formal legal definition of what a physical impairment or disfigurement is and every case is different, our experienced team of trial attorneys and staff will present these damages to the jury in cases where it is necessary. Pedestrian accidents may cause visible scarring, road rash, skin graft sites, and surgical scars that are permanent and disfiguring. These injuries affect the person’s self-image, confidence, and daily life, and they may carry significant value in front of a jury.
Hit by a Car While Walking? Call Rampart.
You were crossing the street. You were in the crosswalk. You were doing nothing wrong. Or maybe you were outside the crosswalk, and the insurance company is using that to deny your claim. Either way, you have a body full of injuries and a stack of medical bills that did not exist before this.
Rampart Injury Lawyers handles pedestrian accident cases across the I-25 corridor from Denver to Colorado Springs. The consultation is free. There is no attorney’s fees unless we recover money for you. And the earlier you call, the more evidence we can preserve to fight the insurance company’s fault arguments.
