Denver Pedestrian Accident Injury Lawyer
The Colorado Department of Transportation (CDOT) notes that in 2021, 92 pedestrians were killed in traffic crashes in Colorado. In 2019 some 319 pedestrians were killed, according to a report issued by CDOT. Nationally, some 5,000 pedestrians are killed and 70,000 injured each year in traffic crashes. Often, drivers will be responsible for the injuries and related damages that result from a pedestrian accident, as drivers in large motor-driven vehicles generally have a duty to yield to persons on foot.
If you have been injured in a pedestrian accident, you may have the right to claim damages linked to your injuries, including medical bills, lost earnings, and in some instances, pain and suffering. To determine what your options are, an experienced pedestrian accident attorney from Ready Law is available to review your case.
When are Drivers at Fault for Pedestrian Accidents?
Drivers are responsible for driving safely, responsibly, and attentively while following the rules and laws governing the road. When a driver fails in their responsibility to drive safely and causes an accident, they will generally be liable for the resulting damages.
Common reasons that drivers are liable for pedestrian accidents include the following, although anytime a driver breaks a rule of the road, they will likely be liable for the damage they caused.
Drunk or Intoxicated Driving
In 2021 in Colorado, alcohol-impaired drivers were involved in 30% of all traffic fatalities, according to CDOT. Drunk drivers are incapable of responding to changes in road conditions and may be incapable of stopping when they fail to notice a light or when a pedestrian steps into a crosswalk. All drunk driving accidents are preventable, and all drunk drivers will be responsible for the damages they cause.
In 2020 alone, there were 3,142 persons killed on the road due to distracted driving, which is considered one of the most dangerous driving behaviors in the US. Distracted driving is engaging in any activity while driving that takes a driver’s attention away from the road.
Examples of distracted driving that would make a driver responsible for any damages you suffered as a result of an accident they caused include:
- Texting while driving
- Talking to passengers in the vehicle
- Eating while driving
- Playing with the center entertainment console in the vehicle
Any activity that takes a driver’s attention away from the road can lead to an accident, even if only briefly. Running a red light or failing to yield to a pedestrian with the right of way prior to making a right turn can all lead to a pedestrian being hit, which is why drivers must be attentive.
How Do I Prove What the Driver was Doing Before They Hit Me?
Understanding when a driver is legally liable for injuries caused by an accident does not mean that collecting full compensation after your pedestrian accident injuries will be effortless or automatic. You will need to prove the elements and factors supporting that conclusion. Was the driver distracted? Were they intoxicated? Were they well rested?
Determining what the driver was doing in the moments prior to the accident can be difficult, because more often than not people who were distracted do not simply admit that. That does not mean finding out is not possible, and it certainly doesn’t mean it is not important to your case. One of the main reasons to work with a Denver pedestrian accident lawyer is to have the benefit of your lawyer’s knowledge and experience in collecting evidence. Your lawyer will use legal instruments like requests for production, depositions, subpoenas, and other methods to gather evidence supporting your case.
How Much is My Pedestrian Accident Injury Worth?
You can only collect compensation for damages that you can prove, and to prove your damages you need evidence. Oftentimes this will come in the form of medical bills and pay stubs for short-term damages. In the long-term, opinions from medical and occupational experts are necessary to determine the full costs associated with your injuries. All of those are more or less damages a person can show receipts for, in some form. The primary value of your case may actually be in your personal experience of the injury, and we call those factors non-economic damages. The insurance company of the at-fault party will be working against you, seeking to reduce or deny your claim, and will almost certainly seek to ignore non-economic damages entirely. Working with an attorney of your own is the best way to protect your rights.
Your Pedestrian Accident Attorney Negotiates with the Insurance Company
When a driver causes an accident that leads to an injury, they will be liable for the damages that result. Your compensation does not come automatically, and after assembling all the evidence you need to submit a viable claim, you will still need to negotiate with the insurance company. Working with a Denver pedestrian accident lawyer as soon as possible after your accident will help to preserve valuable evidence and build the strongest case possible in your favor.
Connect with a Denver Personal Injury Attorney for Help With Your Pedestrian Accident
Being injured in a pedestrian accident that the driver caused will likely entitle you to compensation, but you are unlikely to actually get fair compensation just by asking for it. To collect damages, you will need to gather evidence to prove the driver was at fault, measure your present and future damages, draft a claim, then submit the claim and negotiate the outcome with the appropriate insurance company or companies. A lawsuit may be necessary if a fair settlement that covers the full costs of your accident cannot be reached.
Your initial consultation is free, and we get paid a percentage of what we recover for you. So we can meet and talk about your case at no cost or obligation to you. Even people who decide not to pursue a claim end up telling me our meeting helped them decide what to do, and helped them understand their options. During your initial consultation, we will collect some basic information about your case and, if it is a fit, we will go over exactly how our attorney-client relationship will work.
If you have been injured in a pedestrian accident, reach out to Ready Law by giving us a call at 303-339-8846, or visit our site to schedule a consultation.