At Jeffress Law, PC, a personal injury firm that has recovered millions of dollars for its clients, we know that determining responsibility in these situations is not always straightforward. It depends on the actions of both the driver and the pedestrian.
If you’ve been involved in such an incident, understanding how fault is established is crucial to protecting your rights and securing compensation.
How Fault Is Determined
Fault in a pedestrian accident is usually based on negligence. Negligence involves someone failing to exercise reasonable care, leading to harm.
Determining fault involves examining the driver and the pedestrian’s behavior:
- Driver’s Negligence: Drivers can be held liable if they:
- Were speeding
- Were distracted (e.g., texting)
- Failed to yield at crosswalks
- Ran a red light
- Drove recklessly
- Pedestrian’s Negligence: Pedestrians may also be found responsible if they:
- Jaywalked
- Crossed against traffic signals
- Walked while distracted (e.g., using a phone)
- Entered the street unexpectedly
In some cases, the fault may be shared. Colorado follows a modified comparative negligence law. This reduces compensation based on each party’s assigned percentage of responsibility.
If a pedestrian is found 20% at fault, their payout will be reduced by 20%. If they are found to be 50% or more at fault, they cannot recover any funds.
Why Determining Fault Matters
Establishing fault is critical because it directly impacts your ability to recover compensation, which may include:
- Medical expenses
- Lost wages
- Pain and suffering
Insurance companies often dispute liability to minimize payouts. They may claim the pedestrian was negligent or try to shift blame altogether.
Working with a personal injury attorney like Christopher W. Jeffress, who has in-depth knowledge of insurance company operations, can significantly affect your case’s outcome.
Get Legal Help Today
If you’ve been injured in a pedestrian accident, you don’t have to face this battle alone. At Jeffress Law, PC, we have the expertise to navigate complex liability issues and fight for the monetary relief you deserve.
Contact us today to schedule a consultation. Call us at 303-993-8685, text us at 303-993-8685, or send us a message. We serve clients in Boulder, Longmont, Broomfield, and the surrounding areas.