Pedestrian accidents are a pressing concern in cities like Denver, where busy streets and increasing traffic volumes create a higher risk for those on foot. In 2023, approximately 7,318 pedestrians were killed in the United States, according to the Governors Highway Safety Association (GHSA). This marked a slight decline from the previous year but remained over 14% higher than pre-pandemic levels in 2019.
Colorado, in particular, saw 47 pedestrian fatalities in the first half of 2024, a notable 24% decrease compared to the same period in 2023. However, even at lower speeds, pedestrian accidents often result in severe injuries or fatalities. Studies show that when a vehicle strikes a pedestrian at 40 miles per hour, the risk of fatality is 85%. Even at 20 miles per hour, the risk of severe injury remains significant.
Pedestrian accidents are not just statistics—they have a profound impact on the lives of victims and their families. Knowing what to do after such an accident can make a crucial difference in protecting your health, securing fair compensation, and ensuring that justice is served. This guide provides practical steps to take after a pedestrian accident in Colorado and explains why legal support is essential for navigating the recovery process.
Why Pedestrian Accidents Are So Dangerous
Pedestrian accidents are particularly severe because pedestrians lack the physical protections that vehicles provide their occupants. Unlike drivers and passengers, pedestrians are fully exposed to the force of a collision.
Key Statistics About Pedestrian Accidents:
- Pedestrians account for approximately 17% of all traffic fatalities in the U.S. annually.
- Colorado ranks among the states with rising pedestrian fatalities, with urban areas like Denver seeing significant increases.
- Vehicles traveling at 40 miles per hour result in a pedestrian fatality rate of 85%, compared to 10% at speeds below 20 miles per hour.
These statistics underscore the importance of vigilance and the need for immediate action after an accident.
Steps to Take After a Pedestrian Accident in Colorado
If you or someone you love has been involved in a pedestrian accident, taking the right steps is essential to ensure safety, recovery, and fair compensation.
1. Ensure Safety and Call for Help
Your first priority should be ensuring everyone involved is safe. If possible:
- Move to a safe location away from traffic.
- Call 911 to report the accident and request medical assistance.
- Even if injuries seem minor, seek medical attention immediately, as some injuries may not show symptoms until hours or days later.
2. Gather Information at the Scene
While waiting for emergency responders, collect as much information as you can, including:
- Driver Information: Name, contact details, license plate number, and insurance information.
- Witness Accounts: Contact information and statements from bystanders who saw the accident.
- Photographic Evidence: Take photos of the accident scene, including vehicle damage, road conditions, and any visible injuries.
This evidence can be invaluable when filing an insurance claim or pursuing a personal injury lawsuit.
Common Injuries in Pedestrian Accidents
Pedestrian accidents often lead to severe injuries due to the force of impact. Common injuries include:
- Head Injuries: Concussions, traumatic brain injuries (TBIs), and skull fractures.
- Spinal Cord Injuries: These can cause partial or complete paralysis.
- Fractures and Broken Bones: Common in the legs, arms, and pelvis.
- Internal Injuries: Damage to organs and internal bleeding.
- Soft Tissue Injuries: Cuts, bruises, and ligament tears.
The severity of these injuries highlights the importance of seeking immediate medical attention and documenting all diagnoses and treatments.
Why You Need an Attorney After a Pedestrian Accident
While Colorado law requires drivers to carry auto insurance, it’s important to understand that insurance companies often prioritize their bottom line over your recovery. They may attempt to deny claims, minimize payouts, or argue that the pedestrian was at fault.
How an Attorney Can Help:
- Evaluate Your Case: An experienced attorney will review the details of your accident, including medical records and evidence from the scene.
- Handle Insurance Negotiations: Personal injury lawyers understand insurance tactics and can fight for the compensation you deserve.
- Prove Negligence: They will build a case demonstrating that the driver’s negligence caused your injuries.
- Maximize Compensation: Attorneys can help you recover damages for medical expenses, lost wages, pain and suffering, and more.
Understanding Fault in Colorado Pedestrian Accidents
Colorado follows a comparative negligence rule, meaning that fault can be shared between the parties involved. If you are found partially at fault for the accident, your compensation will be reduced by your percentage of fault.
For example, if you are determined to be 20% at fault and your damages total $100,000, you will receive $80,000.
Common factors that may affect fault in pedestrian accidents include:
- Jaywalking or crossing outside designated crosswalks.
- Distracted walking (e.g., using a phone while crossing the street).
- Speeding or distracted driving by the motorist.
An attorney can help ensure that fault is fairly assigned and that your compensation reflects the driver’s negligence.
Tips for Avoiding Pedestrian Accidents
While drivers have a responsibility to watch for pedestrians, there are steps pedestrians can take to reduce their risk of being involved in an accident:
- Use crosswalks and obey traffic signals.
- Stay alert and avoid distractions, like texting, while walking.
- Wear reflective clothing or carry a flashlight when walking at night.
- Make eye contact with drivers before crossing to ensure they see you.
By practicing caution, pedestrians can improve their safety on Denver’s busy streets.
Filing a Personal Injury Claim After a Pedestrian Accident
To recover compensation for your injuries, you’ll need to file a personal injury claim. This involves:
- Contacting an Attorney: They will guide you through the claims process.
- Gathering Evidence: This includes medical records, police reports, and witness statements.
- Calculating Damages: Your attorney will help determine the value of your claim, including current and future medical expenses, lost wages, and non-economic damages like pain and suffering.
- Negotiating with Insurance Companies: Most claims are settled out of court, but your attorney will prepare for trial if necessary.
Frequently Asked Questions About Pedestrian Accidents in Denver
1. What Should I Do If the Driver Flees the Scene?
In the event of a hit-and-run, report the accident to the police immediately. Provide as much information as possible about the vehicle and driver. You may also be able to file a claim under your own uninsured motorist coverage.
2. Can I File a Claim If I Was Partially at Fault?
Yes, under Colorado’s comparative negligence laws, you can still recover compensation as long as you are less than 50% at fault for the accident.
3. How Long Do I Have to File a Claim?
Colorado’s statute of limitations for personal injury claims is three years from the date of the accident. Acting quickly ensures that evidence is preserved and deadlines are met.
Conclusion
Pedestrian accidents in Denver can have devastating consequences, but taking the right steps afterward can make all the difference. From ensuring safety to contacting an experienced pedestrian accident attorney, these actions can protect your rights and help you secure the compensation you deserve.
If you or a loved one has been injured in a pedestrian accident, don’t hesitate to seek legal guidance. Call Manning Law at 720-515-3191 for a free consultation today.