Do I Need a Pedestrian Accident Attorney?

If a negligent driver struck and injured you while you were crossing the street, walking along a sidewalk, or having an evening jog, you’re likely still trying to process what happened—how quickly it all changed, how much it hurt, and what comes next. One question that’s often at the forefront of an injured pedestrian’s mind as the recovery process begins is: Do I need a pedestrian accident attorney?

The good news is that Colorado law allows injured pedestrians like you to pursue compensation for your injuries and losses under several circumstances. And you’re not alone in that struggle. What happened to you is far more common than most people realize.

Colorado has recently seen a sharp rise in traffic deaths involving pedestrians. According to the Colorado Department of Transportation (CDOT), vulnerable road user fatalities, especially pedestrians, rose nearly 80% compared to a decade ago. This troubling trend continues in Denver and throughout Colorado.

The numbers are disturbing, but behind each one is a real person who deserved better. If you were injured while crossing the street, walking through a parking lot, or standing at a corner, it may help to know your legal rights and whether it’s time to talk to someone who can help.

Schedule A Free Consultation

Key Takeaways: When Hiring a Lawyer Protects Your Pedestrian Injury Claim

• Minor symptoms can mask moderate and serious injuries that don’t appear until days later.
• Insurance companies often contact pedestrians early in an effort to settle quickly and cheaply.
• Colorado follows a comparative fault law that could reduce or eliminate compensation.
• A pedestrian accident lawyer helps establish fault, build medical evidence, and deal with aggressive insurers.
• Hiring legal help early can preserve your rights, strengthen your case, and prevent preventable mistakes.

When Fault Isn’t Clear, a Lawyer Can Make the Difference

Pedestrian crashes often happen in a matter of seconds, but the question of who’s at fault can linger for weeks or longer. Drivers, witnesses, and insurance adjusters may all tell different stories about who had the right of way.

Colorado law requires drivers to yield to pedestrians at crosswalks and intersections, including if the crosswalk isn’t marked. But even when drivers are clearly at fault, their insurance company might still try to reduce your payout by blaming you. They may claim you crossed mid-block, wore dark clothing, or stepped into traffic without looking.

These arguments, whether true or not, can significantly affect the value of your case. Under Colorado’s modified comparative negligence law (C.R.S. § 13-21-111), you can still recover damages as long as you were determined to be less than 50% at fault for the accident, but your compensation is reduced by your percentage of fault.

In a pedestrian injury claim, fault can shape how the insurer values your losses to whether you receive compensation at all. Getting it right from the start can make the difference between a dismissed claim and a meaningful recovery.

An experienced pedestrian accident lawyer in Colorado will investigate cases involving alleged shared fault and present a comprehensive picture of what happened. They can reconstruct the crash, preserve witness statements, and push back when insurers try to use the law to their advantage.

The goal is to make a fair fault determination that minimizes your share of blame and maximizes your compensation, whatever the circumstances.

Insurance Companies Act Fast, And You Should Too

After a pedestrian crash, insurance adjusters often reach out quickly—sometimes within days. They may seem friendly or helpful, but their questions are designed to collect statements that can reduce your claim’s value.

Questions like “Were you in a crosswalk?” or “Were you wearing headphones?” may sound routine but are often used to shift blame onto you.

Insurance companies are legally obligated to investigate claims, but they are not going to work in your best interests. Their job is to protect their bottom line, and they do that by minimizing their payouts. The earlier you speak to a pedestrian injury lawyer, the sooner you have someone protecting your interests.

Building a Stronger Pedestrian Accident Case with Skilled Legal Support

You don’t need a lawyer just because you’re upset or injured. You need one because the legal and medical issues that follow a pedestrian crash are often more complicated than they appear. And once you accept a settlement, you cannot go back and ask for more if your injuries worsen or lead to unexpected expenses. A pedestrian accident will:

• Preserve evidence before it disappears (video footage, eyewitnesses, road conditions)
• Document your medical injuries, including delayed symptoms like concussions or internal trauma.
• Calculate damages for lost income, future care needs, and pain and suffering
• Negotiate with the insurer, so you don’t have to handle calls, paperwork, or strategy alone
• File a lawsuit if the insurer refuses to pay a fair settlement

Most importantly, they help level the playing field. Without legal representation, insurance companies may sideline you or offer you a minimal amount to settle. The conversation changes when a lawyer becomes involved. They back your claim with legal authority and prepare to take your case to trial if the insurer refuses to make you a fair deal.

Who Pays in a Colorado Pedestrian Crash?

When a pedestrian is hit, the first question many people ask is: Who pays for your damages?

The answer depends on the specific facts of your case. In many Colorado crashes, the at-fault driver’s auto insurance is the primary source of compensation. This includes liability coverage for medical bills, lost income, and pain and suffering.

But that’s not the only possibility. A pedestrian accident lawyer will explore other options, including:

• Uninsured/underinsured motorist coverage (if you or someone in your household has auto insurance)
• Umbrella or excess liability policies held by the driver
• Multiple-party liability, if the crash involved other vehicles or poorly maintained roadways
• Dram shop claims, if the driver was driving under the influence after being overserved at a bar or restaurant

Without legal help, most pedestrians don’t realize all the possible sources of recovery. That could leave thousands of dollars or more on the table.

Schedule A Free Consultation

Common Pedestrian Injuries That Require Immediate Attention

Pedestrians struck by vehicles often suffer injuries that go far beyond cuts and bruises. With no protection against the impact of a car, even a low-speed crash can lead to damage that affects every part of a person’s life—physically, financially, and emotionally.

Some of the most common pedestrian accident injuries in Colorado include:

• Traumatic brain injuries (TBI), including concussions, brain bleeds, or long-term cognitive issues
• Spinal cord injuries that can result in mobility loss, chronic pain, or paralysis
• Broken bones, especially in the pelvis, legs, arms, and facial structure
• Internal injuries to the lungs, liver, kidneys, or spleen, which may not show immediate symptoms
• Soft tissue injuries like torn ligaments, nerve damage, and deep tissue bruising
• Facial trauma and dental injuries
• Mental health impacts like PTSD and other psychological and emotional trauma, especially for children or elderly victims, are often unaddressed

These injuries often require extended recovery periods and, in cases involving severe injuries, sometimes a lifetime of care. Victims may face surgeries, physical therapy, job loss, and mounting medical debt. The more serious the injuries, the more likely the insurer is to push back or undervalue the actual cost of the recovery.

The value of your claim should not be just a tally of medical bills. Your case should reflect the full scope of what was taken from you and all the ways the accident affects your life now and possibly for years to come.

What to Do After a Pedestrian Accident in Colorado

If you’ve already received medical care or are in the middle of treatment, you’ve taken the most important first step. But even after you’ve been checked out or admitted, there are still critical things you can do to protect your claim and support your recovery.

And if you haven’t been evaluated yet, it’s not too late. Symptoms from pedestrian injuries can take hours or even days to fully surface. Getting checked out now not only protects your health, it also creates the documentation you’ll need if you decide to pursue compensation.

Here are the most important next steps:

• Hire a pedestrian accident lawyer. A lawyer can step in immediately to preserve evidence, handle the insurance company, and start building your case while you focus on healing.
• Attend all medical appointments. Gaps in care can weaken your case. Sticking with your treatment plan shows that your injuries are serious and that you’re doing everything you can to recover.
• Document your recovery. Keep a written or video journal of your symptoms, pain levels, mobility struggles, and emotional impact. These real-time records can powerfully support non-economic damages.
• Save everything. Hold onto hospital records, discharge instructions, receipts for out-of-pocket expenses, photos of your injuries, and any communication with insurance adjusters.

Even small details can have a big impact on the outcome of your claim. The more you do now to preserve your story, the stronger your legal position may be when it matters most.

Pedestrian Injury Claims Involving Children

When a child is hit by a car, the stakes change. Injuries can affect not just physical development, but also long-term cognitive and emotional health. In Colorado, children under 18 are not permitted to bring legal claims on their own behalf. That responsibility falls to the parents or guardians, and the process carries unique legal protections.

A pedestrian injury attorney can help parents:

• File claims on behalf of the child
• Secure ongoing medical coverage for growth-related complications
• Navigate structured settlements or court approval requirements
• Preserve the child’s right to future compensation

These cases require not just legal skill, but emotional care and patience. Fuicelli & Lee has helped families across Colorado handle the legal process while protecting their child’s future.

Pedestrian Crashes Involving Government or Commercial Vehicles

In Colorado’s cities and towns, it’s not uncommon for pedestrians to be injured by municipal buses, delivery vans, utility trucks, or municipal vehicles, especially in areas with high traffic volume or ongoing construction. These cases often involve multiple layers of responsibility, and the legal process can differ significantly from a standard insurance claim.

When a government employee, such as a city bus operator or a public works driver, causes a crash, you may need to file a claim under the Colorado Governmental Immunity Act (CGIA). This law sharply limits when and how injured pedestrians can recover damages from public entities, and it requires a formal notice of claim within just 182 days of the incident. If you miss that deadline, you may lose your right to recover altogether, even if the driver was clearly at fault.

Pedestrian injury cases involving commercial vehicles are also more complex. If you’re hit by a delivery driver, rideshare vehicle, or construction contractor, liability may extend to the employer, not just the driver. But sorting out who’s responsible often requires access to work logs, GPS data, employment records, or vehicle maintenance logs—documents the average person can’t easily obtain.

When larger companies or government agencies are involved, their legal teams move quickly. They may start internal investigations before you’ve even received a diagnosis. A skilled pedestrian accident lawyer can take immediate steps to secure evidence, request records, and meet the strict deadlines that apply in government or corporate claims.

FAQs: What Injured Pedestrians in Colorado Are Asking

You Deserve More Than a Quick Payout

After a serious pedestrian accident, you are likely overwhelmed by pain, medical bills, insurance questions, or just the feeling that no one’s really listening. This isn’t just a case to you. It’s your life, and you should have a legal team of personal injury lawyers behind you that treats it that way.

At Fuicelli & Lee Injury Lawyers, we represent injured pedestrians throughout Colorado with focus, care, and urgency. We never accept quick, cheap insurance offers for our clients. We build the kind of cases that can stand up in trial and position you for the best possible outcome.

If you’re ready for someone to lift the legal weight and stress from you, call (303) 444-4444 or contact us online. We’re here to help—no assumptions, no pressure, just clear guidance and real support. We offer free consultations, and you never have to pay us anything unless we obtain compensation for you.

Schedule A Free Consultation