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What Happens If a Pedestrian Caused a Car Accident?

Over the past decade, the rapid population growth in Colorado has resulted in sidewalks and roadways overflowing with pedestrian and vehicular traffic. Thus, it is not uncommon for car accidents to involve both vehicles and pedestrians. Many people think a pedestrian cannot bear responsibility for a car accident. However, that is not the case. 

You may be wondering, What happens if a pedestrian causes an accident? If a pedestrian causes a car accident in Colorado, they may be liable for your injuries.

Our team at Sloat, Nicholson & Hoover, P.C., has years of experience navigating personal injury claims and securing favorable settlement agreements for our clients. Our skilled and experienced attorneys can help you obtain fair compensation for any damages you suffer due to an accident.

Who Is at Fault If a Pedestrian Causes an Accident?

Colorado is considered a fault-based state for purposes of car accident claims. In an at-fault state, a party injured in a car accident can sue the person who caused the collision to recover their losses. If the victim can prove the at-fault party caused the accident, you can recover fair compensation from their insurance provider.

A pedestrian can bear responsibility for a car crash, just like another driver. Liability in car accidents typically hinges on determining which party was negligent. A person is negligent when they:

  • Owe another person a duty of care to act as a reasonable person would in the same or similar circumstances,
  • Breach their duty of care, and
  • Injure another party as a result of their breach.

Pedestrians owe others using a roadway or sidewalk a duty to act as a reasonable person. A pedestrian may fail to act reasonably by:

  • Crossing the road without a crosswalk,
  • Walking in areas where pedestrians are prohibited,
  • Using a crosswalk against the walk signal,
  • Walking on a poorly lit roadway, or
  • Running out in front of an oncoming vehicle.

So, regardless of whichever party was driving or walking, under Colorado law, if a party fails to exercise reasonable standard of care causing harm to another party, then they can be deemed negligent. Therefore, if a pedestrian neglects to exercise the expected level of care and an unfortunate incident unfolds, the pedestrian might find themselves legally responsible.

In these situations, a pedestrian may breach their duty of care and cause the accident due to their negligence. The attorneys at Sloat, Nicholson & Hoover can help you hold the negligent party responsible and allow you to recover compensation. Contact us today.

Nikki Nicholaou was incredibly helpful and responsive. I felt very comfortable with my case in her hands, which was a great decision because she won me a settlement before we had to go to court
Veronica Blake
Veronica Blake
Highly recommended.
Andy B
Andy B
One day in June, 2019, our world was turned upside down. My husband was nearly killed by a motorist while riding his bicycle. He was lucky to come away from the accident with “only” a neck broken in 5 places, facing surgery and a long two-year recovery period. His extreme pain, our anger, and the total shock of the event overwhelmed us. We decided to focus all our energy on his healing. Dealing with the insurance company was more than we could handle. So, a little investigation brought us to Sloat & Nicholson. During the first phone conversation, Randy Nicholson explained that we could not only file a claim against the driver’s insurance, but also against our Underinsured Motorist insurance. Randy also explained that it was likely that he would have to fight Mike’s health insurance which would certainly ask to be totally reimbursed for their expenses. We’d learned that it was a bigger issue than we’d expected, but we knew we had found someone who could help us, and that has a great relief. After that first call, and in the subsequent months of meeting with Randy and his team, we knew we’d made the best possible decision. Randy got the full claim against the driver’s insurance. He convinced our health insurance that they had no standing in filing a claim against us. We didn’t have to pay them anything. And he negotiated with our Underinsured Motorist insurance and got the full claim against them as well. It was not easy, and Randy worked hard. He completely relieved us of a ton of stress. He kept us informed each step of the way. Every time we worked with him and his team, we became more and more convinced that we’d made the right decision. We were so glad we found Sloat and Nicholson. After the accident, we felt like the world was against us. The court system totally dropped the ball, and we constantly had to fight back our anger at the driver and the judge. But we had Randy Nicholson and his team on our side, and we are forever grateful to all of them.
midge castillo
midge castillo
I was in a car accident and needed legal advice. Robert Hoover was both professional and informative! He was so helpful, and I would recommend him to anyone. I also appreciated his Christian perspective!
colleen G.
colleen G.
I was a case form many years ago Gerald handled everything completely professionally there is not one thing I would do differently My case was complicated but the end result was everything that I was entitled to! If your case is in his practice area I highly recommend a phone call consultation or visit to his office. You won't be disappointed his years of experience knowledge and fair treatment of his clients would not be more apparent!
Adam Townson
Adam Townson
Jerry Sloat and his staff treated our family with great respect and helped us to receive compensation for the injuries, pain and suffering we incurred during a car accident. We owe him so much and are truly grateful that we stopped trying to deal with the insurance company and allowed Jerry and his wonderful team of professional to take care of everything for us.
Leonard Romano
Leonard Romano
Gerry Sloat was amazing, after my car wreck I was at a loss on what was going on. I didn't know the process or what to even expect. I turned to him because he was the only one willing to take the time and speak with me to answer all my questions. My insurance company wouldn't even call me back to answer my question of what was happening. Gerry took quite a bit of time explaining the different aspects of the insurance and the other driver and the county issues that I didn't even know where separate, he really set my mind at ease with my mind running with all of the "what ifs" I now know where I stand and what to expect going further and can now make informed decisions on what I need to be prepared for what lies ahead! Thank you again Mr Sloat!
landa raddon
landa raddon
Gerry Sloat was a very skilled and helpful attorney when I needed one to negotiate a settlement for many, many medical bills resulting from a head on collision. What impressed me most was his fair handedness in dealing with us, but also with dealing with the other parties involved. Further, since the accident a half dozen years ago, he has been more than helpful in answering questions about all matters of the law, and seems to genuinely enjoy hearing from me when I call. A stellar human and an outstandingly thorough attorney.
Bonnie Carol
Bonnie Carol
Ever since I started working with with Robert Hoover it's been more like working with family he's taking the time to get to know me and my family on a personal level the office staff know by name and they are the best
Jason Swartz
Jason Swartz

How Can You Prove a Pedestrian Caused an Accident?

You can show that a pedestrian is at-fault for an accident in the same way you can show another driver caused an accident. For example, you may find surveillance footage of the intersection or road where the accident occurred. A personal injury lawyer can use this footage to prove the pedestrian’s liability and secure a favorable settlement offer.

Alternatively, the accident report for your collision will likely outline law enforcement’s opinion of who caused the crash.

Additionally, the accident report can offer valuable information about potential eyewitnesses to the collision and its aftermath. Eyewitnesses to the collision can provide testimony about the pedestrian’s behavior and actions leading up to the crash. 

How Does Modified Comparative Negligence Affect Accidents Caused by Pedestrians?

Colorado uses a rule known as modified comparative negligence to assign responsibility after a car accident. Under this rule, the injured victim can recover their losses only if they were no more than 49% responsible for the accident.

The jury is tasked with determining the amount of compensation you would receive if you had not contributed to the accident in any way. Then, the jury will assign a percentage to each involved party based on their level of responsibility for the crash. Finally, your damage award is reduced by your percentage of fault. 

For example, consider that the jury awarded you $200,000 in damages after your car accident and determined that you bore 20% of the responsibility for the accident, while a pedestrian who jumped in front of your car bore 80% of the responsibility. That means your $200,000 award is reduced by 20%, so you would recover $160,000 in damages.

How Can a Personal Injury Lawyer Help with My Case?

Many victims injured in car accidents may attempt to file a car accident claim without the help of a car accident attorney. However, hiring a car accident lawyer gives you the best chance of obtaining full compensation for your losses.

A knowledgeable personal injury attorney can assist your case in multiple ways:

  • Advising you of your rights and options,
  • Explaining relevant law applicable to your claim,
  • Conducting additional investigation into the circumstances of your accident,
  • Collecting the police report for your accident,
  • Retrieving witness statements,
  • Consulting with expert witnesses to reconstruct your accident,
  • Negotiating with insurance representatives on your behalf, and
  • Preparing your case for trial, if necessary.

We will work with you to ensure you understand every step of the car accident claim process. Our team will research your car accident and locate any potential contributing factor. We will not rest until you receive fair compensation for your injuries. Whether you need an expert medical opinion or help negotiating with the opposing party, our team at Sloat, Nicholson & Hoover is here to assist you.

Did a Pedestrian Cause Your Car Accident in Colorado? Contact a Personal Injury Lawyer

When an accident caused by a pedestrian leads to severe or fatal injuries, it is time to contact a personal injury attorney. Our attorneys at Sloat, Nicholson & Hoover have more than 100 years of combined experience handling car accident claims. We will take the time to get to know you and the details about your case so we can tailor a strategy to your situation. You can focus on recovering from your injuries while we handle the complexities of your lawsuit. 

Sloat, Nicholson & Hoover has recovered over a hundred million dollars for our clients injured in car accidents. Additionally, one of your attorneys, Gerald Sloat, has received the highest possible rating in both legal ability and ethical standards by a national rating service and been named a Colorado “Super Lawyer.”

If you or a loved one suffered injuries in a car accident, contact Sloat, Nicholson & Hoover right away to schedule a free consultation.

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