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.
In these situations, a pedestrian may breach their duty of care and cause the accident due to their negligence.
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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