Denver Pedestrian Accident Attorneys
Driver negligence is the leading cause of Denver pedestrian accidents. Drivers owe pedestrians a duty of care to ensure an accident does not happen. Drivers will act recklessly, break the law and overestimate their abilities and surroundings. Drivers do not realize they are putting those around them in danger. One simple mistake from a driver can end the life of a pedestrian.
When you are walking and a car strikes you, you need a Denver pedestrian accident lawyer from Varner Faddis Elite Legal.
Our legal team has secured compensation for many clients, including $1,130,000 for a personal injury and $750,000 for a wrongful death. The compensation you receive will vary since each case has obstacles and challenges, but we can advise you whether you have a case and what it might be worth. Call us today.
Table of Contents
- Causes of pedestrian accidents
- Who is liable for a Denver pedestrian accident?
- Speak With Varner Faddis Elite Legal, LLC’s Pedestrian Accident Lawyers
Causes of pedestrian accidents
The most common pedestrian accident involves a motor vehicle, but a pedestrian accident can involve other objects and modes of transportation, from trucks to bicycles.
The most common driver errors in pedestrian accidents are:
- Texting: There are many easy ways a driver can be distracted on the road, but the main one is texting. On average, it takes 4.6 seconds for a driver to check one message. Those few seconds away from the road are enough to cause catastrophe.
- Speeding: Speed limits work to keep drivers and others safe, and when drivers do not obey the speed limit, they cannot safely maneuver on the road. When the driver notices a pedestrian crossing, they do not have enough time to stop, and speed can worsen the injuries.
- Running stop signs and red lights: Red means stop, and green means go. It is a simple concept that most everyone understands and follows on the road. When a driver blatantly disregards the glaring red light or stop sign, they also disregard the safety of others. They are also making a traffic infraction.
- Illegal turns: There is a time and place for everything, and turning is no different. Drivers must wait until it is safe to turn, which means they cannot make a turn when there is a pedestrian crossing. Most turning accidents happen when a driver makes a left, and the pedestrian is already in the crosswalk.
- Drugs and alcohol: The top reason for any accident is driving while using drugs or alcohol. These substances highly affect drivers’ reflexes, judgment, and decision-making.
- Failure to yield: Denver has the specific right of way laws, and all drivers must obey them. When a Denver driver fails to yield to a pedestrian in the crosswalk, they will strike the pedestrian and cause severe injuries.
- Vehicle size: While the size of a vehicle is not the primary cause of an accident, it makes pedestrian accidents much worse. Streets work best for smaller passenger vehicles. Vehicle manufacturers are constantly making larger and larger vehicles for the road. While these vehicles keep drivers and occupants safe, everyone else on the road, especially pedestrians, is in grave danger. A bigger car causes more damage and injury compared to a smaller vehicle. When there is no clear crosswalk or sidewalk, larger vehicles will inadvertently cause pedestrians injury simply by driving.
These driver errors are preventable, and drivers should be liable if they participate in these reckless actions. While the primary cause of pedestrian accidents is driver error, there are a few others to be aware of, like improper crosswalk design and lack of pedestrian passageway. In these circumstances, the driver is not the only responsible party.
Three of every four pedestrian deaths were at night. Darkness does cause issues with visibility, but drivers should take extra precautions at night and not drive recklessly.
Who is liable for a Denver pedestrian accident?
While the primarily liable party for a pedestrian accident is the negligent party, other parties can also bear responsibility. Colorado is an at-fault state, so any Denver collision requires a determination of fault. Once the court determines the responsible party at fault, they must pay for any expenses the victim suffers at their hands. To get
ermine who is liable for the Denver pedestrian accident, you must determine the cause.
The driver is the first at-fault party, but other possible parties are the City of Denver, a property owner, or a vehicle manufacturer. Third-party claims are uncommon, but they are possible.
Some common causes of Denver pedestrian accidents that can cause third-party liability include:
- Sidewalk defects
- No pedestrian bridges
- Road hazards
- Malfunctioning traffic control signals
Third-party claims are challenging, so you must contact our Denver pedestrian accident lawyer to review your options. Varner Faddis Elite Legal, LLC will conduct a thorough investigation to determine the actual cause of your accident and name all negligent parties in your claim.
Injuries in a pedestrian accident
The car is the victor when a motor vehicle collides with a pedestrian. The pedestrian does not have enough protection against a motor vehicle. The vehicle driver will not sustain a severe injury, but a pedestrian will.
The most common injuries include:
- Lower extremity injuries
- Broken bones
- Road rash
- Loss of limb
- Facial injury and disfigurement
- Chest injuries
- Soft-tissue injuries
- Spinal cord damage
- Traumatic brain injuries
There are the initial injuries that a pedestrian will sustain from the vehicle’s impact, but there are also secondary injuries. You will sustain an injury when you first contact the car; a secondary impact will cause additional injuries. Upon landing on the pavement, the final impact will result. With so many possible injuries, it is clear why pedestrians do not fare well in these accidents. Speed and reckless driving will contribute to how severe the impact will be.
Colorado pedestrian laws
The state has made headway in protecting pedestrians from accidents by implementing specific laws for your safety. These laws ensure that drivers and pedestrians can use the roadways safely and separately.
The three primary laws are:
- Traffic control signals: These signals will indicate when it is safe for a pedestrian to cross and when vehicles need to stop. Traffic signals will say walk and not walk, so there is no confusion trying to decipher what the figure on the sign is trying to say.
- Right of the way inside crosswalks: Intersections and street crossings do not always have marked traffic control signals. When a vehicle approaches one of these interactions, pedestrians have the right of way. If the Denver pedestrian is already in the crosswalk, all cars must stop until the pedestrian crosses. When a vehicle is at a complete stop waiting for a pedestrian to cross, other cars cannot pass on the side. When a vehicle passes, it can cause a severe accident.
- Right of way outside crosswalks: Pedestrians must always use crosswalks whether they are marked or unmarked. When pedestrians cross any other section of the road, they do not have the right of way. While drivers should always be alert to their surroundings, that does not always happen, and they can collide with a crossing pedestrian.
While these laws specifically target pedestrians on the road, there are many other traffic rules that drivers must adhere to so that everyone stays safe. When drivers break traffic laws, even without injuring a person, they will be legally responsible for their actions. Remember, a pedestrian accident can happen anywhere and is not just exclusive to interstate, highways, and major roads. More accidents do happen in high-traffic areas around Denver.
Vision Zero in Denver
Pedestrian accidents are on the rise. Nationally, more than 7,000 pedestrian deaths resulted from traffic collisions for the latest reporting year (2020). Colorado accounted for 1,250 pedestrian accidents in the same year. Pedestrians are at a higher risk of dying when in a traffic accident. Data shows that pedestrians are 1.5 times more likely to die in motor vehicle accidents.
Denver took measures to reduce pedestrian accidents in 2016 by adopting the Vision Zero program. The program aims to reduce pedestrian accidents across the city to zero by implementing safety regulations and practices.
Vision Zero uses data analysis and requires collaboration between traffic planners, policymakers, engineers, and public safety to develop solutions that help the community. So far, the program has led to sidewalk and road improvements. There is still a lot of work to be done, but the program helps to curve these devastating tragedies from happening.
Driver negligence is still prevalent, which is lawmakers’ most significant hurdle. Many laws attempt to provide pedestrian equity, but drivers must also be responsible and follow these laws.
The program will go off without a hitch in a perfect world, and there would be no pedestrian deaths or accidents. Sadly, there is always the possibility of a pedestrian in an accident due to a driver’s negligent actions. When you are in a pedestrian accident, you need skilled representation. The driver’s insurance company will do anything possible to deny a pedestrian their rights to compensation. Wrongful death cases are incredibly challenging because victims are not here to speak for themselves.
Compensation available for pedestrian accidents
When a driver acts in a reckless manner that causes you injury or harm, they must pay for their actions. As a pedestrian, you did not cause the accident but must now deal with the extensive medical bills and injuries the other person caused you. Pedestrians in Denver have the opportunity to obtain compensation for their losses. However, Denver pedestrian victims must prove a few key elements for a successful claim.
A Denver pedestrian accident attorney will need to prove that the driver had a legal duty to you; their negligent actions caused a breach of their duty which led to your injury. While it can seem simple to obtain compensation, the process is very contentious, even with the help of a pedestrian accident lawyer in Denver. Recovering compensation is critical to moving forward after a pedestrian accident.
You can obtain the following compensation for your injuries in a Denver pedestrian accident:
- Courts refer to special damages as economic damages; your attorney can calculate them by showing receipts and other documentation. Examples include:
- Prescription medication
- Lost income
- Transportation costs
- Emergency medical bills
- Out-of-pocket expenses
- Physical therapy and other rehabilitative treatment costs
- General damages are also non-economic and do not have receipts or tangible ways to calculate these expenses. These are unseen losses. While they are unseen, they still make an enormous impact on a victim’s life. Examples include:
- Loss of the pleasures of life
- Pain and suffering
- Emotional distress
- Loss of consortium
There are other specific types of compensation that you can get for your case. Calculating all of the damages for a pedestrian accident claim is no easy feat. You need a firm that has access to financial experts, medical teams, and economic experts to find the value of your claim. Your claim amount will vary depending on several factors like the severity of your injuries, the calculated total losses, and the insurance policy limits.
The future losses you will suffer will also make a difference in the amount of your claim. Depending on your claim’s complexity, getting the payment you need for your recovery will take some time.
Causes of Pedestrian Accidents
Human error is the number one cause of pedestrian accidents in Colorado and around the country. Motor vehicle drivers texting behind the wheel, driving drunk, speeding in school zones, and engaging in other reckless behaviors put walkers and joggers at serious risk of harm. Despite knowing the risks of these behaviors, hundreds of drivers still engage in them and cause pedestrian accidents every day. Other common causes include:
- Distracted pedestrians
- Confusing or poorly designed crosswalks
- Hidden or obscured stop signs
- Malfunctioning traffic/crosswalk lights
Determining the cause may take an investigation from a law group or insurance company. Never admit fault for a pedestrian collision. Instead, seek counsel from our attorneys before talking to insurance companies. You could risk your recovery by saying the wrong thing.
A driver, a fellow pedestrian, or the city could share fault for your recent pedestrian accident, depending on its proximate (main) cause. Fault and liability will depend on the factors leading up to your accident. Liability for your pedestrian accident may come down to the driver who struck you, the city for poor pedestrian pathway planning, or a product manufacturer for a defective stoplight. An investigation can help you determine who to name as a defendant in your claim.
Filing a Pedestrian Accident Claim
It is up to you to pursue compensation for your damages through the proper outlets. First, you can contact the at-fault driver’s insurance company and file a claim. The insurance company, however, may deny culpability or try to lowball your settlement amount. In either case, you will have better odds of securing recovery with a personal injury lawsuit. Generally, you have three years from the date of your collision to file a claim with the Colorado courts. After this, you’ll lose your right to file. A lawyer can help you with the claims filing process.
Speak With Varner Faddis Elite Legal, LLC’s Pedestrian Accident Lawyers
Take the necessary legal steps after a pedestrian accident right away, since Colorado Revised Statutes bars pedestrians from making claims three years after the injury date. While you might believe this is a long time, evidence can disappear quickly, damaging your chances of recovering any compensation.
Accidents involving pedestrians often result in life-altering injuries. Often, the outcome is the death of a loved one, which leaves the family aching for answers. The surviving family of a pedestrian accident victim can also file a wrongful death claim to hold liable parties responsible in Denver for their actions and receive payment for their losses. You have options after a pedestrian accident.
The attorneys at Varner Faddis Elite Legal, LLC strive to provide our clients with skilled legal representation with our combined 32 years of experience. Contact us for a consultation about your Denver pedestrian accident today at (720) 770-8335.
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