How a Denver Personal Injury Lawyer Can Assist You After a Pedestrian Accident
Request Free ConsultationPedestrian deaths are up by more than 80% in the United States–an alarming fact that unfortunately has been reflected in Denver and across Colorado in recent years.
For every death, many more pedestrians are injured by negligent drivers. Several pedestrian accident survivors are left with permanent debilitating injuries that not only cause physical pain and emotional suffering but severe financial hardship as well.
If a negligent driver injured you or a loved one, or if your life has been turned upside down by the accidental death of a close family member, an experienced Denver personal injury lawyer can assist you after a pedestrian accident.
While they won’t be able to undo all the damage that has been done or restore your life to the way it was before your accident, they can help you obtain the compensation you deserve to help you recover and move forward.
How Can a Denver Personal Injury Lawyer Help You After a Pedestrian Accident?
Pedestrian accidents can lead to devastating injuries due to the lack of a protective barrier between pedestrians, vehicles, and the ground. Many people injured in pedestrian accidents have never filed a personal injury claim before or have had to take legal action to pursue compensation for the medical expenses, lost wages or income, and more.
Knowing what help is available and how to start is a good step forward. Contacting a personal injury lawyer is one of the best things you can do to protect your rights and safeguard your future.
Free Case Evaluation
Most personal injury law firms offer a free case evaluation to assess whether or not you have a viable claim. If you do, they will generally offer you a free consultation with one of their personal injury lawyers who will review your case in more detail, discuss it with you, address your concerns, and answer any questions you may have. If you and your lawyer agree to move forward, they will explain your best legal options, including filing a personal injury claim against the at-fault parties.
Investigating the Accident
A thorough investigation is essential to building a strong case. Your lawyer will gather key evidence such as police reports, witness statements, and any available video footage of the accident. If necessary, they may also work with accident reconstruction experts to clarify exactly how the accident occurred. This step is critical in establishing liability and strengthening your claim.
Documenting Your Injuries and Losses
Your pedestrian accident lawyer will collect all medical records and bills related to your injuries. These include current treatment costs as well as projected future medical needs. They will also document other losses, such as lost wages due to missed work and the emotional and physical toll of your injuries. By compiling a comprehensive record of your damages, your attorney ensures that every aspect of your suffering is accounted for in your claim.
Negotiating with Insurance Companies
Insurance companies often attempt to minimize payouts by offering low settlements or disputing claims. Your lawyer will handle all communication with the insurance adjusters, protecting you from tactics designed to undervalue your claim. With experience in negotiating fair settlements, your attorney will advocate for the full compensation you deserve so that the financial recovery you may obtain aligns with the severity of your injuries and losses.
Proving Negligence
To recover compensation, your Denver personal injury lawyer must establish that the at-fault party acted negligently. Proving negligence involves establishing four key elements: duty of care, breach of duty, causation, and damages. This process involves gathering evidence to show that the driver had a duty to operate their vehicle safely, failed to do so by engaging in reckless or careless behavior such as speeding, distracted driving, or driving under the influence, and that this breach directly caused your injuries and resulting damages. Demonstrating negligence is a key part of securing a fair settlement or court verdict in your favor.
Representing You in Court
If the insurance company refuses to offer a fair settlement, your lawyer should be fully prepared to take your case to trial. An experienced legal team will build a personal injury lawsuit on your behalf that makes a compelling case for your pedestrian accident injuries, present. They will also provide evidence to support your claim, and argue on your behalf before a judge or jury. With the right representation, you can fight for the justice and compensation you deserve after a pedestrian accident.
Pedestrian Accidents in the Mile High City
Colorado hit a record-high number of pedestrian deaths in one recent year, reflecting a growing national trend and a troubling public safety crisis. Despite the emergence of vehicles with crash avoidance technologies, the number of motor vehicle accidents involving pedestrians continues to climb.
According to the Colorado Department of Transportation, 115 of Colorado’s 764 fatal auto accidents involved a pedestrian in a recent year. Smart Growth America reports that 271 pedestrians were killed in the Denver-Aurora-Lakewood area in one recent five-year period, up 25% from the previous five-year period.
Many pedestrian accidents happen on busy urban arterial roads like Colfax, Lincoln, and Broadway, where high-speed traffic makes crossing dangerous. Studies show that nearly half of all fatal crashes in Denver occur on just 5% of city streets, mostly in historically underfunded neighborhoods with poor pedestrian infrastructure.
Poor lighting, limited crosswalks, and wide intersections contribute to the risks pedestrians face daily. Efforts like the Vision Zero program aim to reduce these dangers, but experts say more work is needed to make Denver’s streets truly safe for pedestrians.
How Much Money Is My Denver Pedestrian Accident Case Worth?
If you are involved in a pedestrian accident in Denver, the compensation you can receive depends on various factors, including the severity of your injuries, the extent of your losses, and the circumstances surrounding the accident.
A Denver personal injury lawyer can work with you, your family, doctor, and others to calculate every dollar of compensation you are entitled to receive. Damages in a pedestrian accident case include:
Economic Damages
Economic damages are the tangible, out-of-pocket expenses you incur due to the accident. They include the following:
- Medical Expenses — This includes all medical costs, such as hospital bills, surgeries, medications, physical therapy, and future medical treatments related to the accident.
- Lost Income — If your injuries prevent you from working, you can claim compensation for the income you lost during your recovery period.
- Loss of Earning Capacity — If your injuries lead to a long-term or permanent disability that affects your ability to earn a living, you may be entitled to compensation for this loss.
- Property Damage — If any personal property, such as a cell phone or other personal items, was damaged in the accident, you can recover the repair or replacement costs.
Non-Economic Damages
These damages are more subjective and compensate you for the intangible repercussions of the accident. Common non-economic damages include:
- Pain and Suffering — This covers the physical pain and discomfort you experienced due to the pedestrian accident.
- Emotional Distress — Compensation for the mental anguish, anxiety, depression, or emotional trauma you suffered due to the accident.
- Loss of Enjoyment of Life — If the injuries prevent you from enjoying activities you once loved, you can seek compensation for this loss.
- Loss of Consortium — If the accident affects your relationship with your spouse or family, you may be eligible for damages for the loss of companionship and support.
Punitive Damages
In some cases, if the driver’s behavior was particularly reckless or malicious, you may be eligible for punitive damages. These damages are intended to punish the at-fault party and deter similar behavior.
Wrongful Death Damages
Losing a loved one in a pedestrian accident is devastating, and while no amount of compensation can replace them, a wrongful death claim can help ease the financial burden, giving you more time and space to process your grief. Families may be able to seek damages for medical expenses incurred before death, funeral and burial costs, lost financial support and benefits, and the emotional pain of losing a loved one.
Denver Pedestrian Accident Hotspots
In Denver, Federal Boulevard and Colfax Avenue are known as the most dangerous streets for pedestrians, with the intersection of East Colfax Avenue and Colorado Boulevard also being a high-risk area.
Below are some examples of the parts of Denver that pose the highest risks to pedestrians.
Busy Intersections
Intersections in Denver, especially in high-traffic areas like Colfax Avenue and Broadway, are common sites for pedestrian accidents. Drivers may fail to yield, run red lights, or turn without checking for pedestrians. Heavy foot traffic and vehicle congestion in these dangerous intersections increase the risk.
Crosswalks
Even at designated crosswalks, pedestrian accidents can happen if drivers are distracted or ignore traffic signals. Notable areas include intersections near attractions like Union Station and the 16th Street Mall, where drivers may be more focused on navigating traffic than watching for pedestrians.
School Zones
Areas near schools, such as those around East High School or South High School, see high pedestrian activity during drop-off and pick-up times. Despite lower speed limits, some drivers speed, use their phones, or fail to stop for crossing guards, putting students at risk.
Parking Lots
Parking lots near high-traffic areas like Empower Field at Mile High or Cherry Creek Shopping Center can be hazardous for pedestrians. Drivers backing out or rushing to find a spot may not see pedestrians, leading to collisions.
Public Transit Stops
Locations near RTD transit stations and bus stops, such as those along Speer Boulevard and Market Street, can be accident-prone. Drivers may not anticipate pedestrians crossing to or from transit stops, increasing the risk of crashes.
Residential Areas
Even in quieter neighborhoods like Capitol Hill and Sloan’s Lake, pedestrian accidents still occur. Speeding, failure to stop at signs, and lack of pedestrian-friendly infrastructure contribute to the dangers in these areas.
Nighttime Areas
Places with a vibrant nightlife, such as LoDo and RiNo, are particularly dangerous for pedestrians at night. Drivers under the influence, poor visibility, and heavy foot traffic increase the risk of accidents in these areas.
Common Causes of Pedestrian Accidents in Denver
Pedestrian accidents in Denver often result from driver negligence, leading to severe injuries or fatalities. Here are common examples of driver negligence that frequently result in serious injuries:
Distracted Driving
One of the leading causes of pedestrian accidents is distracted driving. Drivers texting, talking on the phone, eating, or adjusting the radio can easily miss seeing pedestrians.
Speeding
Driving over the speed limit reduces the driver’s reaction time and increases the severity of accidents. Speeding can be especially hazardous for pedestrians in residential areas and school zones.
Failure to Yield
Many accidents occur when drivers fail to yield the right-of-way to pedestrians at crosswalks or intersections. This can be especially dangerous in tourist-heavy spots, leading to serious accidents, as drivers may not be familiar with the area or the high volume of foot traffic.
Running Red Lights or Stop Signs
Ignoring traffic signals and stop signs is a common cause of pedestrian accidents, especially at busy intersections in downtown Denver and the surrounding metro area. Drivers running red lights or stop signs can collide with pedestrians who have the right-of-way.
Driving Under the Influence
Alcohol and drugs impair a driver’s judgment, coordination, and reaction time. Denver, unfortunately, is one of the worst cities in the U.S. for drunk driving. The Mile-High City has more craft breweries and microbreweries than most American cities as well as a diverse and vibrant nightlife scene.
Poor Weather Conditions
Rain, fog, and poor lighting can make it difficult for drivers to see pedestrians. However, driver negligence, such as not using headlights properly or driving too fast for conditions, increases the risk.
Left-hand Turns
Many pedestrian accidents occur when drivers make left-hand turns. Drivers often focus on oncoming traffic and may not notice pedestrians crossing the street. Busy intersections near popular venues, such as the Superdome, are common sites for these accidents.
Injuries in Denver Pedestrian Accidents
Victims of pedestrian accidents in Denver can suffer a range of serious injuries due to the vulnerability of being on foot when a vehicle strikes them. These injuries often require extensive medical treatment and long recovery periods. Here are some of the most common injuries and medical treatments typically needed:
- Traumatic Brain Injuries (TBIs)
- Fractures and Broken Bones
- Spinal Cord Injuries, partial or full paralysis
- Internal Injuries, including organ damage and internal bleeding
- Soft Tissue Injuries, such as sprains, strains, and tears.
- Lacerations and Abrasions
- Emotional and Psychological Injuries
Denver Pedestrian Accident FAQs
What is the statute of limitations for filing a pedestrian accident claim in Colorado?
In Colorado, the statute of limitations for personal injury claims, including pedestrian accidents, is generally two years from the date of the accident. However, if a motor vehicle was involved, the deadline extends to three years. Failing to file within this timeframe may result in losing your right to seek compensation.
Can I still recover compensation if I was partially at fault for the accident?
Yes. Colorado follows a modified comparative negligence rule. This means you can still recover compensation as long as you were less than 50% at fault. However, your total compensation will be reduced by your percentage of fault.
What should I do if the driver who hit me fled the scene?
If you were injured in a hit-and-run pedestrian accident, report the crash to the police immediately and seek medical attention. You may still be able to recover compensation through uninsured motorist coverage or other legal avenues with the help of a personal injury attorney.
How long does it take to settle a pedestrian accident claim?
The timeline for settling a claim varies based on the complexity of the case, the severity of injuries, and whether the insurance company offers a fair settlement. Most cases settle within a few weeks or months, while others may take a year or longer, especially if a lawsuit is necessary.
Do I need a lawyer to handle my pedestrian accident case?
While you are not required to have a lawyer, working with a Denver personal injury attorney significantly increases your chances of recovering maximum compensation. An attorney will handle negotiations with the insurance company, gather evidence, and represent you in court if necessary.
Contact an Experienced Denver Pedestrian Accident Lawyer Right Away
If you recently sustained injuries in a pedestrian accident in Denver or elsewhere in Colorado, call Fuicelli & Lee Injury Lawyers Injury Lawyers can help. Our team of experienced Denver personal injury lawyers is dedicated to helping clients overcome some of the darkest and most challenging times of their lives.
We know how much you have at stake and we are ready to help. Call us today at (303) 444-4444 for a free case evaluation. Learn how you can obtain top-tier legal representation through our contingency fee arrangement so you don’t have to spend a dollar of your own money.
You can also schedule a free consultation using our online contact form.