Common Causes of Pedestrian Accidents

Anything from environmental conditions to reckless drivers can cause devastating pedestrian accidents. Whether you have grounds for a claim will come down to the facts of your unique case, including the circumstances that ultimately led to the collision. To secure compensation for your injuries, you will have to present compelling evidence of either negligence or intentional misconduct, so hiring a pedestrian accident lawyer is recommended.

Some of the most common causes of pedestrian accidents in Boulder include:

  • Driving while intoxicated,
  • Distracted driving,
  • Excessive speeding,
  • Failure to yield,
  • Improper lane changing, and
  • Slippery roads in inclement weather.

What to Know Before Filing a Pedestrian Accident Claim

Statute of Limitations

When researching the claims process in general or, more specifically, pedestrian accident lawyers in Boulder, you may come across a few laws that influence the outcome of these kinds of claims. For example, Colorado’s statute of limitations for personal injury actions involving motor-vehicle collisions is three years. That means if settling is impossible and you choose to proceed with a lawsuit, you must file the case within three years of the date of the accident. Should you try filing your suit after this timeframe has passed, the judge will likely dismiss it, leaving you with no legal recourse. Turning to a pedestrian accident law firm soon after getting hurt helps your claim and prevents missing critical deadlines like this one.

Comparative Fault

If you feel you may have contributed to the accident, you’re probably wondering whether it’s even worth searching for a “pedestrian accident attorney near me” and proceeding with a claim. Generally speaking, Colorado doesn’t bar injured parties from taking action if they played a role in the incident. Under Colorado’s modified comparative fault rule, the plaintiff’s negligence will offset the defendant’s liability. However, as long as the plaintiff is not deemed 50% or more at fault, they are not prohibited from recovering compensation.

Recoverable Damages in Boulder Pedestrian Accident Cases

The Colorado tort (at-fault) law applies to victims of pedestrian accidents in Boulder, which means victims may seek economic and non-economic damages from those responsible for their injuries. Monetary damages tend to be easier to prove because they’re tangible. They include losses like:

  • Medical bills,
  • Rehabilitation costs,
  • Lost wages,
  • Loss of future earning capacity, and
  • Psychotherapy costs.

Non-economic damages include pain and suffering, shock, disfigurement, and loss of consortium. These damages are subjective and harder to prove, though a seasoned attorney should have a host of strategies for helping you gather compelling evidence of their existence.

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Faq

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A driver’s duty while on the road is to drive reasonably and responsibly. This duty extends to protect not only other drivers but also pedestrians. Likewise, pedestrians must adhere to certain laws, such as not crossing in the middle of the street. Colorado Revised Statutes Section 42-4-801-808 defines the duties of both pedestrians and automobile drivers.

When attempting to establish liability for a pedestrian accident, many factors need to be examined. The driver’s actions will be one of the most important factors, and a Boulder attorney can investigate the situation to prove that they were driving drunk, speeding, or did not have their eyes on the road when the crash occurred. In some cases, the driver does not need to have violated a traffic law to be found liable.

The pedestrian’s actions will be evaluated, as well. If the pedestrian is found partially responsible for the accident, damages may be reduced or denied.

Though the driver’s insurance company may compensate those whom they injure in an accident, the funds may not be enough to cover all expenses associated with injuries. An insurance company’s primary goal is to pay as little as possible, and they may use any excuse to blame the pedestrian for the collision. An experienced Boulder pedestrian accident attorney who knows how to challenge their tactics could be a valuable advocate in these cases.

​​When a pedestrian is hit by a driver who flees the scene, it adds a layer of complexity to the associated claim; however, the victim may still be able to recover compensation for injuries sustained. A pedestrian accident attorney in Boulder will leave no stone unturned in an effort to find all available evidence to identify the driver. This might include acquiring security camera footage that caught the driver on video and deposing eyewitnesses who can provide a physical description and license plate number. 

If you were injured by an uninsured driver or a driver without adequate coverage, there may still be ways to collect compensation. An experienced pedestrian accident attorney will be able to help you during this time.

Numerous factors go into determining what your personal injury case is worth. Examples include:

  • The extent of your injuries,
  • The liability of the negligent party,
  • The role you might have played,
  • Economic losses sustained,
  • Long-term injury vs. disability, and
  • Any pre-existing medical conditions.

Injured accident victims can often recover both economic and non-economic damages, including:

  • Medical expenses,
  • Long-term care expenses,
  • Future medical bills,
  • Lost wages,
  • Loss of future earnings,
  • Pain and suffering, and
  • Loss of companionship.

If you sustained injuries in a pedestrian accident, you may be entitled to compensation, and it’s wise to enlist help in seeking it. A pedestrian accident law firm can negotiate with insurance companies, investigate all evidence in your case, and help you recover fair compensation for your injuries. 

In some cases, it may be difficult to determine who was at fault for the accident without the help of an attorney, and the driver and their insurance company may want to blame you for not paying attention or for crossing the street improperly. A pedestrian accident lawyer in Boulder who has experience handling these complex insurance matters will protect your rights and recover the damages you need to heal from your injuries, both physically and emotionally. Call our firm today to set up an initial evaluation of your case.

Schedule a Free Consultation 303-442-0176