A pedestrian may be at fault for a car accident when they ignore traffic laws or fail to exercise reasonable care while crossing the street. In many cases, however, both the pedestrian and driver share fault.
Colorado law doesn’t automatically give pedestrians the right of way in every situation. Understanding how fault works can affect your ability to recover compensation for medical bills, lost wages, and pain and suffering. If you are unsure how fault applies, speaking with a Denver car accident lawyer can help clarify your options.
How is fault determined in Colorado pedestrian accidents?
Fault in Colorado pedestrian accidents is determined by negligence, meaning each party’s actions are evaluated to see whether they acted reasonably under the circumstances. Both drivers and pedestrians are responsible for paying attention and following the rules of the road, and fault depends on who contributed to the accident.
In real-world cases, investigators and insurance companies look at the full picture. They consider whether the pedestrian followed the signal, whether the driver followed traffic laws, and what was happening at the time of the crash. This comes up a lot in busy parts of Denver, like along Colfax Avenue or near Union Station, where there’s a steady mix of foot traffic and vehicles.
They also look at whether either person acted carelessly, like stepping into traffic without looking or driving while distracted.
Colorado follows a modified comparative negligence system under C.R.S. § 13-21-111. A pedestrian can recover damages if they are less at fault than the other party (49% or less), but their compensation is reduced by their share of fault. If they are equally or more at fault (50% or more), they cannot recover damages. Fault is determined based on each party’s actions, including compliance with pedestrian right-of-way laws under C.R.S. § 42-4-802.
Crossing outside a crosswalk and shared responsibility
A pedestrian who crosses outside a crosswalk may share fault, but that alone does not make them fully responsible for an accident. In Colorado, pedestrians generally have the right of way in marked crosswalks and at intersections. Outside those areas, they are expected to yield to vehicles.
That said, crossing mid-block (jawywalking) doesn’t automatically mean the pedestrian is to blame. Fault still depends on whether each person acted reasonably. For example, if a pedestrian is visible and crossing carefully, a driver who is speeding or distracted may still share responsibility.
On the other hand, a pedestrian who steps into traffic without looking or ignores a nearby crosswalk may be found partially at fault. In a lot of cases, both the pedestrian and driver share responsibility, and fault is divided based on each person’s actions.
Can a pedestrian be mostly at fault?
Yes, there are situations where a pedestrian can be mostly at fault for an accident. This usually happens when their actions create a clear and immediate danger that a driver could not reasonably avoid.
For example, a pedestrian may be found primarily responsible if they cross against a traffic signal or red light, walk into traffic while distracted, or suddenly enter the roadway from between parked cars. A pedestrian who is impaired and steps into active traffic lanes may also be found to have failed to exercise reasonable care.
When can a driver still be responsible?
Even if a pedestrian made a mistake, that does not automatically mean the driver is off the hook. Drivers still have a duty to remain alert and take reasonable steps to avoid collisions whenever possible.
For instance, if a pedestrian is already in the roadway and clearly visible, a driver who fails to slow down or react may still be held responsible. This is especially true if the driver was speeding, distracted, or otherwise not paying attention.
We often see situations where both parties contributed to the accident, but the driver’s actions played a larger role. Determining negligence in car accident cases involving a pedestrian requires a careful look at everything that happened in the moments leading up to the crash.
How do insurance companies evaluate pedestrian accident claims?
Insurance adjusters typically review police reports, witness statements, photos or videos, and medical records. They also focus heavily on whether the pedestrian contributed to the accident. In many cases, the insurance company will try to assign a higher percentage of fault to the pedestrian to reduce what they have to pay.
What should you do if you were hit by a car in Denver?
If you were injured in a pedestrian accident, the steps you take right after the accident can have a big impact on your recovery and your claim. Start by getting medical attention as soon as possible, even if your injuries do not seem severe at first. Some conditions take time to appear, and having proper documentation is important. You should also report the accident and make sure a police report is created.
If you can, gather evidence at the scene. This can include photos, witness information, and details about the traffic signal or roadway conditions. It is also important to be cautious when speaking with the insurance company and avoid making statements that could be interpreted as accepting blame.
Talk to a Denver car accident lawyer about your pedestrian injury case
Pedestrian accident claims often depend on how fault is divided. Small details, like where you were crossing or whether a driver had time to react, can affect the outcome.
A Denver car accident attorney at Zara Injury Law can help evaluate your case, handle insurance companies, and pursue compensation. Call (866-823-8288 to schedule a free consultation and discuss your situation.