Colorado Springs Pedestrian Accident Lawyer

Colorado Springs is a beautiful town to explore on foot, but unfortunately, pedestrian accidents are all too common here, and a pedestrian accident is more likely to be deadly than a car accident. After suffering an injury in a pedestrian accident, a victim may have to endure lifelong pain in addition to mounting medical expenses.

At Wilhite Law Firm, our Colorado Springs personal injury lawyers represent pedestrian accident victims seeking compensation from the driver who caused the accident.

We believe victims should not have to pay for an accident they did not cause. Contact our firm now for a free consultation with a Colorado Springs pedestrian accident lawyer about your pedestrian accident claim.

How Do We Help Colorado Springs Pedestrian Accident Victims?

Most victims choose to hire a pedestrian accident lawyer because the legal process is complex and daunting to navigate alone. They want the best shot at maximum compensation without dealing with the burden of pursuing a legal action on their own.

While a victim is recovering from the physical and emotional trauma of a pedestrian accident, our law firm can work to ensure their legal rights and financial interests remain protected. At Wilhite Law Firm, our Colorado Springs, Colorado pedestrian accident lawyers handle our clients’ cases from beginning to end. A few of the many services we provide include:

  • Providing legal advice and conducting research
  • Investigating the accident and gathering critical evidence
  • Drafting and filing legal documents
  • Negotiating with insurance companies
  • Presenting a solid case at trial

What Damages Can Be Recovered For A Colorado Springs Pedestrian Accident?

Damages for a pedestrian accident can include economic and non-economic damages. Some of the most common types of damages an injury victim may be able to recover include:

  • Past and future medical expenses
  • Past and future lost wages
  • Incidental costs related to the accident
  • Loss of earning capacity
  • Loss of enjoyment of life
  • Pain and suffering
  • Emotional distress
  • Loss of consortium, if a spouse loses the care and comfort of their spouse in an accident

For especially reckless or intentional behavior that endangers pedestrians’ safety, the court may also award punitive damages. Punitive damages are meant to punish the at-fault driver and deter future wrongdoing by others.

How Is Liability Determined in a Traffic Accident Involving a Pedestrian in Colorado?

Holding a party liable for an accident requires proving they were negligent. While the at-fault party in a pedestrian accident is often the driver who hit the pedestrian, liability can be shared among multiple parties.

To prove a party was negligent, the victim must prove:

  • The defendant owed the victim a duty of care.
  • The defendant breached that duty.
  • The victim suffered harm.
  • The defendant’s breach caused that harm.

In a pedestrian accident, both drivers and pedestrians owe a duty of care to exercise caution on the road. If a driver fails to yield the right-of-way to a pedestrian, a lawyer may be able to show that this failure was a breach of the driver’s duty of care, which caused the victim’s injuries.

Liability may be shared with other drivers and even the municipality or government agency responsible for the roadway in some instances.

Who Has the Right-of-Way in Colorado Springs?

Under C.R.S. § 42-4-807, drivers must exercise due care to avoid hitting a pedestrian. This statute creates a duty for drivers to sound their horns to warn pedestrians, if needed and creates a special rule for drivers to look out for children or incapacitated people on the road.

Under C.R.S. § 42-4-802, pedestrians have the right-of-way at crosswalks. If there is a pedestrian signal in place, the pedestrian must adhere to the directions on the signal. If there is no signal, or if it is out of operation, the driver must yield the right-of-way to the pedestrian crossing the roadway when the pedestrian is on the half of the roadway the vehicle is crossing, or if the pedestrian is approaching from the other side such that the pedestrian would be in danger.

Pedestrians can also be negligent in causing the accident. If a pedestrian violates a traffic signal or otherwise negligently crosses the road, they may be found partially at fault for the accident.

Dealing with Insurance Companies After a Pedestrian Accident in CO

Negotiating with insurance companies is often one of the most difficult parts of recovering from a pedestrian accident. Not only may there be multiple insurance policies – and companies – involved, but insurers usually try to offer a lower settlement than the victim is entitled to. When someone is recovering from an injury, they may be more inclined to accept an insurance company’s first offer in order to receive a payout more quickly and move on with their lives. Once you accept a settlement, you lose the opportunity to seek more compensation if additional expenses arise.

An experienced Colorado Springs pedestrian accident attorney can help a victim understand the full value of their claim and represent them in the back-and-forth negotiations with an insurance company. The attorneys at Wilhite Law Firm have years of experience negotiating with insurance companies and fighting for our clients’ right to receive the compensation they are owed.

Causes of Pedestrian Accidents

Some of the potential causes of pedestrian accidents in Colorado Springs include:

  • Distracted driving
  • Drunk driving
  • Speeding
  • Jaywalking
  • Failure to yield to pedestrians in a crosswalk
  • Vehicles attempting to pass other vehicles stopped at a crosswalk

Common Injuries Caused by Pedestrian Accidents

Pedestrians can suffer a wide range of injuries when they are hit by a car. Some common pedestrian accident injuries include:

  • Spinal injuries
  • Internal injuries and bleeding
  • Death

When Do You Need to Contact a Colorado Springs Pedestrian Accident Lawyer?

attorney Hagen consulting with clientIt is often in a victim’s best interest to contact a Colorado Springs pedestrian accident attorney as soon as possible after the accident for help with getting compensation. The sooner a victim can file a claim, the sooner they can receive the compensation they need to cover their medical bills and expenses.

The Colorado attorneys at Wilhite Law Firm believe in fighting for justice for accident victims, and we’ve been helping injured pedestrians for years. Contact our office today for a free consultation with one of our experienced pedestrian accident lawyers.