Many people choose to walk as a way to get to work, run errands, or simply get some fresh air. However, even if someone never steps foot in a car, they could still be at risk of serious injury.
A driver who is involved in an accident may find themselves pushed onto a sidewalk or through a crosswalk when a pedestrian is crossing the road. In other cases, a defendant’s failure to yield to a pedestrian when required or take appropriate precaution around pedestrians may lead to serious accidents.
If you were struck by a negligent driver, you should consider reaching out to an experienced personal injury attorney. A Colorado Springs pedestrian accident lawyer could work with you to hold the negligent driver accountable for your injuries and assist you in pursuing compensation.
All drivers assume a duty of care to drive responsibly and reasonably while behind the wheel of a car. They owe this duty to all other people and vehicles they may encounter while driving, including pedestrians.
For instance, Colorado Revised Statute §42-4-802 requires that all drivers yield the right of way to pedestrians who are attempting to cross the road. While a violation of this law is not a criminal offense, a conviction in traffic court for failure to yield to a pedestrian can serve as crucial evidence in a claim for damages.
However, drivers do not necessarily need to violate a specific traffic law to be found at fault for a pedestrian’s injuries. A Colorado Springs pedestrian accident attorney could review an injured pedestrian’s case to identify any negligent act a driver committed that could result in a claim for damages.
Drivers may not be the only negligent party in accidents involving pedestrians, as people walking on sidewalks also must adhere to certain laws and regulations. CO Rev. Stat. §42-4-802 also states that pedestrians may not suddenly walk off a curb, cross the road, or behave in any other reckless manner that could create an immediate hazard. Additionally, all pedestrians should take appropriate care to check their surroundings before crossing at an intersection.
Defendant drivers and their insurance companies may point to violations of these traffic laws as examples of comparative negligence. According to CO Rev. Stat. §13-21-111, courts must evaluate the actions of all parties involved in accidents to assign blame.
If the court believes that the injured pedestrian is partially responsible for an accident, that court may reduce or negate that plaintiff’s award at trial. A Colorado Springs lawyer who is familiar with pedestrian accidents could evaluate an injured party’s case and determine if they are at risk of receiving a reduced reward due to any part they may have played in causing or exacerbating their injuries.
A pedestrian struck by a vehicle may experience severe injuries even if the impact occurs at a relatively low speed. Fortunately, if you suffered traumatic injuries after getting hit by a car, you may be entitled to compensation.
A Colorado Springs pedestrian accident lawyer could help you file a claim and hold a negligent driver accountable. Contact an attorney today to discuss your case.