Injury Lawyer Serving Boulder, Longmont, Broomfield & Surrounding Areas in Colorado
In the state of Colorado, especially in Boulder County, the law states that pedestrians have the right-of-way over vehicles. This means that when a pedestrian approaches a crosswalk or an area specifically designated for them, vehicles are expected to stop and allow them to proceed.
However, many drivers ignore and disobey this law, which can lead to horrible accidents, severe injuries, and even wrongful death.

If you or a family member suffered a pedestrian accident and believe it was due to the negligence of the driver, you have legal options. Please contact Jeffress Law, PC today for a free case review. Our lead attorney, Christopher W. Jeffress, has 25 years of experience helping the injured seek justice and compensation for their suffering.
Pedestrian Accident Injuries
Any time that a pedestrian and a vehicle collide, it is doubtful that the pedestrian won't suffer horrific injuries. Oftentimes, these injuries can lead to the need for lifelong care and can be very expensive and difficult to endure. These types of automobile accidents can result in any or all of the following injuries:
- Scrapes
- Fractures
- Back and neck injuries
- Spinal cord injuries
- Brain injuries
- Burn injuries
- Paralysis
Whatever injuries you're suffering from, our attorneys can help you prove that it was due to the negligence of the driver. Whether the driver wasn't paying enough attention, was driving drunk, or simply ignored the law that pedestrians have the right-of-way, an attorney will help you prove that you weren't in the wrong.
Common Causes of Pedestrian Accidents
In most cases, pedestrian accidents are caused by inattentive or otherwise negligent drivers. Motorists are required to obey traffic laws and exercise reasonable care while driving. When they fail to do so, devastating collisions may occur.
Here are some common forms of driver negligence that can cause pedestrian accidents:
- Speeding
- Driving under the influence
- Distracted driving
- Failing to stop or yield
- Making a right turn on a red light in front of a crossing pedestrian
That said, pedestrians must also take responsibility for their own safety. Traffic laws are broken so frequently that pedestrians should always look both ways before crossing, even when they have the right of way.
Do Pedestrians Always Have the Right of Way in Colorado?
In Colorado, it's important to understand that pedestrians do not always have the right of way. If a pedestrian does not use a crosswalk, walks at an inappropriate time according to a street light walking signal, or impedes traffic, they do not have the right of way.
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Pedestrian Accident Cases vs. Other Personal Injury Claims
Pedestrian accident cases often involve more severe injuries than other personal injury claims due to the lack of physical protection for pedestrians. These cases also typically center around traffic laws and right-of-way rules.
Unlike vehicle-on-vehicle accidents, proving negligence may require a detailed analysis of the driver's behavior, the pedestrian's conduct, and the road conditions. Liability can become complex, too, especially if the pedestrian was not in a marked crosswalk.
Insurance companies sometimes attempt to shift blame to reduce payouts. This makes it crucial to work with an attorney who is familiar with the specific dynamics of pedestrian injury law in Colorado.
Proving Liability in Pedestrian Accident Cases
Proving liability in a pedestrian accident case involves showing that the driver acted negligently and that this negligence caused your injuries. Several types of evidence can aid in this process, including:
- Police reports
- Traffic citations
- Eyewitness statements
- Dashcam or surveillance footage
- Accident reconstruction
- Medical records that tie your injuries directly to the accident
- Cellphone records
- Toxicology reports
A lawyer can assist with gathering and organizing this evidence to establish the driver's fault and strengthen your claim against the insurance company or in court.
The Effect of Colorado's Comparative Negligence Law on Pedestrian Accident Claims
Colorado follows a modified comparative negligence rule. This means you can still recover compensation in a pedestrian accident claim even if you were partially at fault, so long as you are less than 50% responsible. However, your compensation will be decreased in proportion to your percentage of fault.
For example, say you are awarded $100,000 but are found to be 20% at fault. In that case, your final recovery would be $80,000.
Insurance companies often attempt to assign partial blame to minimize payouts. Having a lawyer who can push back with solid evidence is important for protecting your claim.
Compensation You Can Receive in Pedestrian Accident Cases
Compensation for pedestrian accident cases will vary from case to case. Typically, victims of pedestrian accidents can be compensated for the following:
- Medical bills
- The cost of prescription medications
- The cost of recovery from injury, such as physical therapy
- Property damage
- Pain and suffering
- Mental health damage
- Lifestyle changes
- Disability and disfigurement
In certain pedestrian accident cases, some victims may be able to collect punitive damages if the defendant's motive for the accident can be proven to be reckless or backed by ill intent toward the victim. These types of punitive damages are more commonly collected for victims of drunk driving or hit-and-run accidents.
Why Choose Jeffress Law After Your Pedestrian Accident?
After suffering an injury in a pedestrian accident, it is in your best interest to speak to a personal injury lawyer right away. An attorney can help determine fault, determine fair damages, and work with insurance companies on your behalf.
With decades of combined experience, Christopher Jeffress and Lisa M. Ritter provide compassionate and aggressive representation for injured pedestrians. Their Boulder-based team is recognized for its personalized attention, strong negotiation skills, and trial-ready advocacy, helping clients recover fair compensation.
FAQs
Other behaviors, such as walking while intoxicated, wearing dark clothing at night, and using electronic devices, can also come into play when determining fault. Our pedestrian accident attorney will investigate your incident and discuss these considerations if they are relevant to your case. Never assume that you cannot recover compensation without speaking to a lawyer first.
Pedestrians crossing the street in marked crosswalks always have the right of way. All motorists are legally required to stop for pedestrians who are crossing in their half of the road at a crosswalk.
Boulder has flashing yellow lights at most crosswalks, where pedestrians are required to activate them; failure to do so can result in a $50 fine. Drivers must stop and wait for pedestrians to finish crossing, or they will receive a $125 fine and have four points added to their driving record.
The at-fault driver's auto insurance company is likely going to be responsible for the medical expenses related to your pedestrian accident. It is often up to your medical insurance company to collect reimbursement.
Your best course of action, however, may be to bring a lawsuit to collect fair compensation. The insurance company could attempt to delay, devalue, or deny your claim. A lawsuit helps you fight back against these tactics. A car accident lawsuit can also include additional damages such as pain and suffering.
You should contact our attorneys about opening a case as soon as possible after being injured in a pedestrian accident. They will provide you with a reasonable timeframe for moving forward with legal action, based on the details of your incident.
The time it takes to settle your case depends on several factors. These factors include the severity of your injuries and whether the insurance company shows bad faith.
If negotiations do not result in a fair settlement, it may be advisable to pursue the case in court. Our attorney will provide you with estimated timelines as well as regular updates on the progress of your case.
Not always. There may be instances where the brakes of a car were defective, in which case, the auto shop or automobile company may be partially at fault. If proof shows that street signs or street lights have malfunctioned or were not placed in the proper areas where the accident occurred, the city may be at fault. If a driver was intoxicated at the time the accident took place, the establishment or business that sold them the alcohol or substance may also be responsible. Each defendant may vary depending on your case.
If you were hit by a driver who does not have mandatory car insurance, your uninsured/underinsured (UM/UIM) coverage may compensate you for your losses. UM/UIM coverage is optional in Colorado. Your own insurance policy may also pay you directly under certain circumstances.
It is in your best interest to work with a lawyer who has the training to get you a fair payment for your uninsured motorist claim. You may also be entitled to file a lawsuit to seek compensation.
You should report the incident to the police immediately and provide as many details as possible, such as the vehicle's make, model, color, and license plate, if known. Law enforcement may also use nearby surveillance cameras or witness accounts to identify the driver.
In the meantime, you might be able to file a claim under your uninsured motorist coverage if you have it. An attorney can assist with both the legal investigation and dealing with your insurance provider.
Yes, you can pursue a pedestrian accident claim even if the incident happened at night or during poor visibility. These conditions don't excuse driver negligence, especially if the driver failed to use headlights, drove too fast, or wasn't paying attention.
Liability often depends on whether both parties exercised reasonable caution. Wearing dark clothing or crossing in an unmarked area may be raised as factors, but they don't automatically bar your claim. A lawyer can help analyze the circumstances and fight back against attempts to place all the blame on you.
Contact Jeffress Law for Help in Boulder, CO
At Jeffress Law, we take pride in helping injured parties obtain the coverage and care they deserve. Contact us today to discuss your pedestrian accident case. We will review your case at no cost, and we operate on a contingency-fee basis, so you don't have to worry about paying a dime unless we secure an award or settlement for you.
You can fill out your information on our contact form, call us at 303-993-8685, or text us at 303-225-9101. We serve clients in Boulder, Fort Collins, Longmont, and Loveland, CO.