Colorado Springs: Pedestrian Accident Attorney
Pedestrian safety is just as important as motor vehicle safety. According to recent reports, pedestrian deaths across the nation are at an all-time high. The Governors Highway Safety Association’s latest preliminary report on pedestrian deaths in 2022 shows 7,508 people were killed while walking. This is the second-highest death rate of pedestrians since 1981, when 7,837 pedestrians were killed.
Throughout the state of Colorado, pedestrian deaths have also ticked up. So far, in 2023, state records show that there have been 37 pedestrians killed following a motor vehicle accident.
Colorado Department of Transportation’s campaign, Left Behind, aims to boost awareness of pedestrian safety so that pathways throughout the state remain safe places for pedestrians to use.
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What is a pedestrian accident attorney?
A pedestrian accident attorney is a legal professional who specializes in working with and offering legal representation to individuals injured during an accident involving a motor vehicle while they were walking.
Pedestrian accident attorneys may also represent individuals like bicyclists and other individuals who use sidewalks and pedestrian-designated pathways. Generally, anyone, even those on bicycles, rollerblades, and scooters, is protected under pedestrian laws as well.
Working with a pedestrian accident attorney in Colorado Springs allows you to work with a professional who is well-versed in the laws and regulations pertaining to pedestrian safety. These lawyers will work diligently to ensure that victims receive fair compensation for their injuries, medical expenses, lost wages, and emotional distress resulting from the accident.
What does a pedestrian accident attorney do?
As with any skilled lawyer, a pedestrian accident attorney will work diligently to ensure your rights are protected and represented to the fullest extent of the law. These attorneys will offer a range of services to help you build a robust case. This can include but is not limited to the following:
- Conducting thorough investigations: This can include gathering evidence such as witness statements, surveillance footage, and police reports to help you build a robust case
- Documentation: Documentation is important in any personal injury case. An experienced pedestrian accident attorney will assist in gathering and organizing all necessary documentation to help you build a robust case. This can include medical records, bills and invoices related to your injuries, and accident reports.
- Provide legal counsel: An experienced attorney will provide legal advice and guidance, explaining a victim’s rights and the legal options available
- Negotiation: A pedestrian accident attorney will negotiate with insurance companies and at-fault parties to secure a fair settlement on your behalf. As expert negotiators, they can ensure you are not taken advantage of, and you recover the compensation you deserve.
- Litigation: While a majority of pedestrian accident cases are resolved through settlement, if necessary, a pedestrian attorney can represent you in court, ensuring your case is presented compellingly
Do I need a pedestrian accident lawyer?
You may want to consider working with a pedestrian accident lawyer if you have suffered significant injuries, were the victim of a hit and run, or feel that the involved parties are not taking your rights seriously.
Whether or not you need a pedestrian accident lawyer depends on the specifics of your situation. Generally, you should consider hiring an attorney if any of the following exist in your case:
- If you feel you’re not getting fair compensation from the insurance companies or other parties involved, a pedestrian accident attorney can help you stand up for your rights
- If the other party denies fault or if there is a dispute about who is responsible for the accident, an attorney can help gather evidence to prove liability. Often, pedestrian accidents boil down to he-said-she-said arguments. An experienced attorney can pull together critical evidence like witness statements and surveillance footage that can prove your claims.
- Finally, if you have sustained severe injuries that require long-term medical care or have resulted in a disability, seeking out an attorney can prove invaluable. An attorney can ensure you recover compensation for future medical expenses and loss of earning capacity.
In severe pedestrian accidents, victims may be entitled to damages, including economic and non-economic losses. These losses can include but are not limited to the following:
- Lost wages because of your inability to work following the accident
- Loss of earning capacity
- Property damage
- Cost of medical treatment and other medical bills
- Pain and suffering
What are Colorado pedestrian laws?
Like most states, pedestrians have the right of way in most situations. Still, Colorado law details that pedestrians have the duty to actively avoid danger. Of course, this duty may change depending on the pedestrian’s age and ability. For example, this duty holds more weight with full, non-disabled adults than it may with children or adults who cannot fully understand how to protect their safety on pedestrian paths actively. General pedestrian laws in Colorado include:
- Pedestrians who are crossing intersections must do so on marked crosswalks
- If there is no crosswalk, pedestrians must yield the right of way to traffic
- Pedestrians are required to follow “walk” and “don’t walk” signals at intersections
- Pedestrians should never place themselves in the path of a vehicle when they don’t have enough time to cross safely
- It is illegal for a pedestrian to cross a roadway to a parked or stopped vehicle on the opposite side of the road except on local 2-lane streets
There are many other pedestrian laws on the books in Colorado. You can learn more about these laws under Colorado’s revised statutes § 42-4-801 – § 42-4-808. Generally speaking, if an individual does not follow these laws, they may have failed in their duty to actively avoid danger and may be unable to hold another party accountable for their injuries.
This is where the expertise of a pedestrian attorney is invaluable. An attorney can help determine the events that unfolded and who may be liable for your injuries.
When should I hire a lawyer?
Ideally, you should hire a pedestrian accident attorney as soon as possible after the accident. This prompt action allows the attorney to gather evidence while it’s still fresh. Your attorney will still be able to speak with witnesses, track down evidence like surveillance footage, handle communications with insurance companies, and much more. The sooner you have legal representation, the stronger your case is likely to be.
Work with a Colorado Springs lawyer at Bachus & Schanker
If you are searching for a ‘pedestrian accident attorney near me,’ turn to the team at Bachus & Schanker. Our experienced pedestrian accident attorneys have a thorough understanding of pedestrian laws throughout Colorado Springs and the state of Colorado as a whole. Working with our experts ensures you get the full representation you deserve following an accident.
Sources:
Fatality Facts 2021 Pedestrians. (2023).
Information for Pedestrians. (2023).
Pedestrian Traffic Fatalities By State: Latest Preliminary Report. (2023).
Related Pedestrian Accidents Resources
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Written and Legally Reviewed By: Kyle Bachus
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Kyle is a member of the Colorado and Florida Bar associations and has served on the Board of Directors of the Colorado Trial Lawyers Association for more than twenty years in total. Over the years, Kyle has achieved justice for many clients. He has served on numerous committees and repeatedly won recognition from his peers at both the state and national level. He is proud of the role he has played in the passage of state and national legislation to protect consumers and is a frequent speaker and guest lecturer.
