When a motor vehicle strikes a pedestrian, the results are often devastating. Pedestrian accidents can result in catastrophic injuries because pedestrians have little protection against these powerful vehicles. According to the Colorado Department of Transportation, about 5,000 pedestrians die and 70,000 are injured in motor vehicle crashes throughout the country each year.
If you or a loved one was injured in a pedestrian accident in Colorado Springs, an experienced personal injury attorney from Dulin McQuinn Young can evaluate your legal options during a free case review.
Contact us today to get started.
How a Colorado Springs Pedestrian Accident Lawyer Can Help
At Dulin McQuinn Young, our personal injury lawyers focus on representing individuals who have been seriously injured and grieving families who have lost loved ones in pedestrian accidents. We know that pedestrian accidents often have catastrophic effects. Our attorneys fight tirelessly to secure maximum compensation to cover your future medical and financial needs.
Our Colorado Springs injury law firm will help by:
- Reviewing the specific details of your case and advising you of your legal options during a free case review
- Conducting an in-depth legal investigation into the accident to determine its cause and who is responsible for it
- Gathering evidence to establish fault and the full extent of your damages to support your personal injury claim for maximum compensation
- Preparing spoliation of evidence letters and issuing subpoenas to gather additional information to support your claim
- Managing your claim paperwork and communications with insurance companies
- Handling settlement negotiations with insurance companies
- Advising you whether a settlement offer is fair or if you should pursue compensation through a personal injury lawsuit
Our compassionate attorneys know that you and your family need to focus on healing. We can pursue the compensation you deserve while you do just that. Contact us today to arrange a free consultation.
What Is a Pedestrian Accident Claim?
A pedestrian accident claim is a legal demand for compensation based on a driver’s negligence in causing an accident with a pedestrian. If the driver of a motor vehicle is responsible for causing an accident, Colorado law allows the victim to pursue compensation for the losses they suffered.
Many pedestrian accident claims can be resolved through a settlement with the at-fault driver’s liability insurance provider. However, insurance companies may try to deny responsibility for these high-value claims or minimize injuries to avoid paying fair compensation. In such situations, it may be necessary to sue to pursue the compensation the pedestrian accident victim deserves.
What Is the Deadline to File a Pedestrian Accident Lawsuit in Colorado Springs?
In Colorado, the statute of limitations to file a personal injury lawsuit involving the operation of a motor vehicle is three years.
This period begins from the accident date. If you don’t file a lawsuit or otherwise resolve your case before this timeline, you can lose your right to recover compensation for your injuries.
What Compensation Can I Recover in a Pedestrian Accident Claim?
Pedestrian accidents can result in devastating consequences. Accident victims may require extensive medical treatment followed by ongoing medical care for the rest of their lives. They may be unable to work or enjoy life as they once did. They may have physical and emotional pain and suffering that disrupts their lives.
Through a personal injury claim, they can seek compensation for their economic and non-economic losses, including:
- Medical bills
- Future anticipated medical expenses
- Lost wages and earning capacity
- Pain and suffering
- Mental health harm and emotional anguish
- Permanent disability and disfigurement
- Pain and suffering
An experienced attorney can meticulously build your claim to account for the full extent of your damages.
How Is My Compensation Affected If I Contributed to the Accident?
Even if you were jaywalking or did not have the right-of-way at the time of the accident, you may not be found completely at fault for the accident. Pedestrians are in a vulnerable position, and motorists are required to keep a proper lookout for them and other potential hazards.
Colorado’s modified comparative negligence rule allows you to recover compensation for accident victims who contributed to as long as they are 50% or less responsible for the accident. However, your financial compensation is reduced by your degree of fault.
Suppose you were distracted at the time of a pedestrian accident that happened when the driver ran a stop sign. If you’re found to be 10% at fault for the accident, your damages would be reduced proportionately by 10%. So, if you had damages of $100,000, your damages would be reduced by $10,000 or 10% since that is the proportion you are responsible for.
What Is the Value of My Colorado Springs Pedestrian Accident Claim?
Various factors can affect your claim’s value, beginning with the nature and severity of your injuries. If you suffered serious injuries, your compensation could be greater to account for the higher cost of your medical expenses, the long-term impact of the injuries on your ability to work and the quality of your life, and the more intensive pain and suffering you endure.
The circumstances surrounding the accident can also affect the value of your claim. For example, who caused the accident and their insurance coverage can directly impact the compensation available for your claim. Whether you contributed to the accident can also be a relevant factor.
An experienced attorney can conduct a thorough investigation into your case to determine your claim’s value. We can analyze your case, collect evidence to support your damages, and aggressively pursue maximum compensation for your claim.
What Should I Do After a Pedestrian Accident?
It can be difficult to determine what to do after you’ve been injured in a pedestrian accident. If possible, take the following steps or ask for help completing these steps to protect your health and legal rights:
- Get immediate medical treatment so your injuries are properly diagnosed, treated, and connected to the accident.
- Get the driver’s information, including their name, contact information, and insurance information.
- Ask witnesses for their names and contact information, too.
- Don’t speak to the insurance company alone. They only want to minimize your claim to protect their bottom line.
- Contact a personal injury lawyer as soon as possible. They can give you advice about the next steps involved in your personal injury claim and handle communications with the insurance company.
Who Has the Right of Way in Colorado?
Many pedestrian accident cases involve determining who had the right of way when the accident occurred. The right of way is the legal right to proceed before other road users in a particular situation.
Colorado law requires pedestrians to obey all traffic control devices, including “Don’t Walk” signs. Another law requires motorists to yield the right of way to pedestrians lawfully in a crosswalk.
Even if the driver had the right-of-way, this may not conclusively end the legal evaluation. This is because motorists have a duty to keep a proper lookout for hazards, including pedestrians. All drivers have a legal duty to avoid colliding with vulnerable pedestrians, regardless of who had the right-of-way.
It may be possible that the driver and the pedestrian shared responsibility. In such situations, Colorado’s modified comparative fault rules apply. Under these rules, accident victims can pursue compensation as long as they were not 50% or more at fault for their injuries. However, their compensation is reduced by their proportion of fault.
Common Causes of Pedestrian Accidents in Colorado Springs
Pedestrian accidents typically occur when a motorist acts negligently by doing any of the following:
- Driving under the influence of alcohol or drugs
- Speeding
- Driving distracted or not paying attention
- Backing out of driveways or parking spaces without looking
- Failing to yield when turning
- Ignoring right-of-way rules
- Running red lights or stop signs
An experienced Colorado Springs pedestrian accident lawyer from our law firm can explain your legal rights and options, review the details of your case, and offer customized legal advice based on your particular situation.
Common Pedestrian Accident Injuries
Pedestrian accidents result in some of the most serious injuries of all motor vehicle collisions. The force of impact can cause fatal or life-threatening injuries. At Dulin McQuinn Young, we have experience representing individuals who have suffered serious and catastrophic injuries. We can help if you have suffered any injury in a pedestrian accident, including:
- Traumatic brain injuries
- Spinal cord injuries
- Neck and back injuries
- Crush injuries
- Internal organ damage
- Broken and dislocated bones
- Damage to soft tissues
- Road rash and severe burns
- Wrongful death
When you have suffered severe injuries of this nature, you need a strong legal advocate on your side who can protect you against insurance companies that will try to minimize your injuries and prevent you from recovering the compensation you deserve.
Contact an Experienced Colorado Springs Pedestrian Accident Lawyer for a Free Consultation
If you sustained injuries or lost a loved one in a pedestrian accident, Dulin McQuinn Young can help. We can use our decades of experience dealing with similar accidents and negotiating with insurance companies for maximum compensation so you can focus on healing.
Contact our law firm today for a free and confidential consultation with a compassionate Colorado Springs pedestrian accident lawyer.