While fatalities for motor vehicle occupants have consistently declined for the past several years, pedestrian fatalities have increased by 53 percent from 2009 through 2018. Deaths from all other traffic accidents have increased by just two percent during the same period. The higher number of SUVs on the roads, unsafe driving, and a lack of protection from injuries make pedestrians susceptible to catastrophic injuries or fatal injuries when struck by a motor vehicle.
Our Denver pedestrian accident lawyers want to help. If a negligent motorist has injured you, contact the Bendinelli Law Firm for a free consultation with one of our Denver pedestrian accident attorneys.
There are many reasons why a pedestrian accident occurs. Most of the factors that contribute to the cause of a pedestrian accident are related to human error and negligence. Common causes of pedestrian accidents include:
Typically, when a pedestrian is involved in a motor vehicle crash, the injuries can be severe. Pedestrians can sustain injuries, including broken bones, internal bleeding, damage to internal organs, traumatic brain injury, and spinal cord injuries. The doctor visits, physical therapy, medical bills, physical and emotional pain, lost wages, and permanent impairments can result in substantial damages.
The experienced Denver pedestrian accident attorneys at the Bendinelli Law Firm can help you recover compensation for your economic and non-economic damages.
States and cities around the country have worked diligently to reduce pedestrian accidents, and the best way to do this is by redesigning roadways and enforcing pedestrian/vehicle laws. One specific program that has been implemented around the country is called Vision Zero. In Denver, this is a program to reduce pedestrian accidents.
The goal is to have zero traffic-related pedestrian deaths or serious injuries by the year 2030. However, we are still a ways off from reaching this goal in Denver. When you go to the Vision Zero dashboard, you can see that there have been a substantial number of traffic deaths in Denver over the last few years, but that does not make the overall goal any less worthy.
When we look at Colorado Section 42-4-802, we can see that drivers are required to yield the right of way to pedestrians if a pedestrian is entering the roadway inside of a crosswalk. Pedestrians are required to yield the right of way to vehicles that are legally inside of a lane, and they should not suddenly leave the curb to put themselves inside of a vehicle’s path. Drivers and pedestrians are required to adhere to “Walk” and “Don’t Walk” signs.
When there is a pedestrian crosswalk or intersection with traffic signals, pedestrians must use the marked areas. In other words, jaywalking is not allowed. If there is a pedestrian crossing outside of a marked crosswalk, the pedestrian must yield to all vehicles that have the right of way.
Drivers must also yield to pedestrians if there is a stop sign or flashing red light, regardless of whether or not the traffic signals are working incorrectly. Additionally, if a vehicle does stop to allow a pedestrian to cross the roadway, whether or not there is a crosswalk, other drivers are not allowed to pass or go around the stopped vehicle until the pedestrian has reached the other side of the road.
There could be various parties held liable for pedestrian accidents, but these incidents usually involve the negligent actions of a driver. All too often, drivers neglect their duty of care to others around them. Some of the most common causes of pedestrian accidents include distracted or impaired driving, operating too fast for conditions, failing to yield the right of way or at a stop sign, and fatigued driving.
However, there could certainly be other parties held liable aside from the driver. This is particularly true if crosswalks were improperly marked or if crossing signs or signals were not functioning or in disrepair. Additionally, pedestrians do have responsibilities on and around the roadway. This includes following traffic signals and only crossing when they have the right of way to do so. Failing to do this could result in the pedestrian sharing some of the liability for the incident.
After a pedestrian accident occurs, liability will be examined. In cases of shared liability, Colorado’s modified comparative negligence law will be examined to determine how much compensation should be paid to a pedestrian victim.
Individuals injured in a pedestrian accident are entitled to recover compensation for their damages from the at-fault driver. You must prove that the motorist acted in error or was negligent in causing the accident to receive money for your injury claim. However, once you prove fault and liability, you could receive compensation for damages including:
The value of your pedestrian accident claim depends on the facts of your case. However, your compensation could be reduced if you are partially at fault for the cause of the accident.
Pedestrians usually have the right of way, but they must obey traffic laws. If the insurance company proves that your conduct contributed to the cause of the accident, you cannot recover full compensation for your claim.
Insurance companies may try to blame the victim for causing his or her injury. It is a common insurance tactic used to undervalue claims. If you are accused of causing a pedestrian accident, contact our Denver pedestrian accident lawyers immediately. Call 1-800-ATTORNEY to schedule a free consultation with one of our experienced lawyers.
If you are struck by a car, call 911 to report the accident and request emergency medical services. Remain at the accident scene until the police officers arrive. If possible, ask eyewitnesses and bystanders for their names and contact information. When the driver denies that he is responsible for causing the accident, eyewitness testimony could be the key piece of evidence that proves fault.
Seek medical treatment immediately after the pedestrian accident. If you do not go to the emergency room from the accident scene, you should see your physician as soon as possible. You could have sustained injuries that were not immediately identifiable after the accident. Only a physician can diagnose your injuries accurately and develop a treatment plan.
Receiving prompt medical care is also important for your pedestrian accident claim. Insurance companies claim that delays in medical treatment prove that the accident did not cause your injuries or you are exaggerating your injuries.
Avoid discussing your injuries or the accident with an insurance claims adjuster. Do not agree to provide a statement for the insurance company. Providing a statement to the insurance company before talking to an attorney could hurt your case.
The claims adjuster works for the insurance company. He protects the insurance company’s best interest. Requesting written and recorded statements from accident victims is a tactic used to gather evidence the company can use to deny or undervalue your injury claim.
Instead of dealing with the insurance provider, contact the Bendinelli Law Firm to discuss your case with one of our Denver pedestrian accident lawyers. We are here to answer your questions about pedestrian accident claims and provide legal advice to help you protect your best interests.
At the Bendinelli Law Firm, we believe that injury victims deserve fair and just compensation for their injuries. Our Denver injury lawyers are passionate about helping accident victims and have the resources and experience necessary to fight for you. We are prepared to pursue all legal avenues, and ready to go to trial, if that is in your best interest.
Call 1-800-ATTORNEY for your free consultation with a pedestrian accident attorney in Denver. Let us put our skills and experience to work for you.