Colorado pedestrian accidents climb after dark: what to do if you're hit by a car

What happened in Colorado Springs?

A man was killed Monday night, November 9, when a vehicle hit him at Pikes Peak Avenue and Ruskin Drive. KRDO reports that police got the call around 9:45 p.m. and that he died at the scene. The driver stayed and cooperated with investigators. Police said impairment was not a factor, and the department’s Major Crash team is looking at whether speed played a part.

Our thoughts are with his family and loved ones. His death also fits a pattern Colorado safety officials have warned about for months: the short, dark days of fall and winter are the most dangerous time of year to be on foot.

Why are fall and winter the riskiest months for pedestrians?

Because more walking and driving happens in the dark. The Colorado Department of Transportation (CDOT) reported in September that nearly 60% of pedestrian deaths in the state over the past five years happened between September and February. October had more pedestrian deaths than any other month in that stretch.

The long-term trend is worse. CDOT says 131 pedestrians were killed on Colorado roads in 2025, more than double the 64 killed in 2015. From 2020 to 2025, the largest share of those deaths was along the Front Range:

• Denver: 140
• Adams County: 99
• El Paso County: 83
• Arapahoe County: 79
• Jefferson County: 58

There is some good news. CDOT said pedestrian deaths in 2026 were running about 24% below the same point last year. But daylight saving time has ended and evening commutes now happen in the dark, so the next few months call for extra care.

What makes a pedestrian crash more likely to be deadly?

Speed and darkness. CDOT has stressed that a person on foot is far more likely to survive a crash at a lower speed. At night, a driver who is speeding, distracted or not expecting someone in the road has less time to react, and dark clothing makes a person harder to see.

• If you are driving: slow down near crosswalks, bus stops and busy streets, and put the phone away. Since January 1, 2025, Colorado drivers may not hold or use a phone in their hand while driving, except in emergencies. Texting while driving was already illegal.
• If you are walking: cross at marked crosswalks when you can, wear something bright or reflective after dark, and make eye contact with drivers before you step off the curb.

Who pays if a driver hits you?

In most cases, the at-fault driver’s insurance company. Colorado is an at-fault state. The driver who caused the crash, through their insurer, is responsible for the other people’s injuries and losses. A claim can cover medical bills, lost wages, future care, and pain and suffering.

Drivers also owe duties to people on foot. Where there is no traffic signal, drivers must yield to a pedestrian crossing in a marked or unmarked crosswalk. (C.R.S. § 42-4-802)

What if you were partly at fault?

You may still have a claim. Colorado compares fault. You can recover if you were less than 50% at fault, but your award is reduced by your share of the blame (C.R.S. § 13-21-111). Crossing outside a crosswalk is a common example.

Insurance adjusters know this rule well, and they often try to shift blame onto the person who was walking. We cover the details in when a pedestrian is at fault for a car accident.

How long do you have to file a claim?

In Colorado you generally have 3 years from the date of a car, truck or motorcycle crash to file an injury lawsuit. (C.R.S. § 13-80-101(1)(n))

If the crash took a loved one’s life, a different deadline applies. A wrongful death lawsuit in Colorado generally must be filed within 2 years of the date of death. (C.R.S. § 13-80-102(1)(d)) Missing a deadline can end a claim, so do not wait to ask.

What should you do after a pedestrian accident?

Get medical care first, then protect the evidence. If you are able:

1. Call 911 and get checked. Head and internal injuries do not always show symptoms at first.
2. Get the police report number. The report records the scene, the driver and any citations.
3. Collect information. Get the driver’s name, insurance and plate number, plus contact details for any witnesses.
4. Take photos. Capture the intersection, crosswalk markings, lighting, traffic signals, the vehicle and your injuries.
5. Keep records. Save medical bills, receipts, and notes about missed work and how your injuries affect daily life.
6. Be careful with insurance calls. Avoid giving a recorded statement or signing anything before you understand your rights.
7. Talk to a lawyer early. Traffic camera and business security video can be recorded over, so it helps to ask for it quickly.

If you or someone you love was hit by a driver, our pedestrian accident lawyer page explains how these claims work. Talk to us for a free case review.