Englewood Pedestrian Accident Lawyer

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What Are Pedestrian Accidents?

Multiple types of vehicles can strike pedestrians, including cars, trucks, motorcycles, and bicycles. Any accident between a motorized or non-motorized vehicle and a pedestrian is classified as a pedestrian accident. 

 

Can Injured Pedestrians In Englewood File Claims?

Anyone injured in a pedestrian accident can consider filing a pedestrian accident claim. Establishing the at-fault party’s negligence is the basis for filing a claim. You must demonstrate the following:

  • Duty of care: The at-fault party had a responsibility to conduct themselves in a way that ensured the safety of others.
  • Breach of duty: The at-fault party did not conduct themselves in a way that ensured people’s safety.
  • Causation: The at-fault party’s breach of duty caused you harm you would not have experienced if they had conducted themselves in a way that ensured people’s safety.
  • Damages: The harm you suffered has caused you to suffer financially and personally.

Pedestrian accident claims may be the most straightforward because motorists have insurance; however, it is still possible to sue a bicyclist who causes an accident. Accident victims may recover damages from a bicyclist’s homeowner’s insurance or assets.

What Damages Can Injured Pedestrians Seek? 

Pedestrians can seek economic and non-economic damages for the financial and personal costs caused by the accident. 

Economic damages can include any expense you incurred because of the accident, including:

  • Childcare bills
  • Home maintenance costs
  • House cleaning bills
  • Job retraining
  • Lost wages
  • Medical expenses
  • Property damage costs
  • Transportation costs

Non-economic damages cover personal costs, such as emotional pain and impact on your relationships. Grounds for non-economic damages include the following:

  • Anxiety
  • Depression
  • Grief
  • Loss of consortium
  • Loss of quality of life
  • Pain and suffering
  • Post-traumatic stress disorder
  • Scarring or disfigurement

Punitive damages may apply to some pedestrian accident claims. You can seek punitive damages if the person responsible for your accident was guilty of gross negligence. Gross negligence involves making deliberate choices likely to cause harm, such as racing through a construction zone.

Average Pedestrian Accident Settlements

The severity of the injuries and whether the claimant can seek punitive damages affect their settlement amounts. A pedestrian who suffers treatable injuries and will make a full recovery in a few months may receive less than $20,000, while a pedestrian who suffers permanent, life-altering injuries may receive several times that amount. 

Reasons Pedestrian Accidents Occur In Colorado

The common causes of pedestrian accidents in Colorado include the following:

  • Aggressive driving
  • Distracted driving
  • Driver’s lack of experience
  • Driving under the influence
  • Fatigue
  • Road conditions
  • Speeding
  • Vehicle issues, such as a blown tire or faulty brakes
  • Weather conditions

Common Pedestrian Accident Injuries

Pedestrians are vulnerable because they do not have anything to absorb the impact when hit by a vehicle. Consequently, they often suffer severe injuries. Common pedestrian injuries include the following:

  • Broken bones
  • Disfiguration
  • Lacerations
  • Loss of limbs
  • Organ damage
  • Scarring
  • Soft tissue injury
  • Spinal cord injury (SCI)
  • Traumatic brain injury (TBI)

Having a medical professional perform an exam after your accident is crucial. You should complete all recommended medical tests to identify all accident injuries and ensure you receive prompt medical treatment. 

How Bachus & Schanker Can Help With Your Englewood Pedestrian Accident Claim 

Our Englewood pedestrian accident lawyers will provide crucial legal assistance, helping you protect your rights and receive justice after your accident. We will help you by completing the following tasks:

  • Investigate: We will visit the accident scene, gather evidence, and interview witnesses. 
  • Establish fault: We will verify the at-fault party and ensure you seek damages from the at-fault party.
  • Calculate damages: We will help you calculate the damages to seek, ensuring you include all valid grounds for economic and non-economic damages. 
  • Complete legal paperwork: We’ll file your claim and court paperwork.
  • Negotiate: We will represent you in settlement negotiations, using details from our investigation and pedestrian accident case precedents to fight for you to receive fair compensation. 

We will represent you in court if we cannot secure a fair settlement during negotiations. 

Our Englewood, Colorado, pedestrian accident lawyers talk to you about your accident, answer your questions, and explain your legal options. We’ll assist you through the entire process until we resolve your case.

FAQ

Pedestrians must obey applicable traffic laws. It is illegal to jaywalk, and pedestrians may be partially or fully responsible for their accidents if they jaywalk.

Most claims are settled out of court. However, if your case goes to trial, our Englewood lawyers are ready to present evidence in court to support your claim and fight for you to receive compensation. 

Sources:

Fatality Facts 2022: Pedestrians. (2024). 

Fatality Facts 2022: State by State. (2024). 

Lee, C. (2024). Are Bicyclists Ever At Fault for Traffic Accidents?

Pedestrian Traffic Fatalities By State: 2023 Preliminary Data (January – June). (2024).

You Deserve Fair Compensation

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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.