Boulder Pedestrian Accident Lawyer

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In 2023, 133 pedestrians lost their lives in motor vehicle accidents in Colorado, according to the state’s Department of Transportation. This was a 16% increase compared with the number of pedestrian fatalities in 2022. It also occurred at a time when the number of fatalities among other demographic groups declined.

Between 2016 and 2020, 206,429 pedestrians were injured on American roadways, according to the Colorado and U.S. Department of Transportation. Sadly, pedestrians are very vulnerable to being injured or killed when drivers behave carelessly on the roads. In these situations, walkers have rights. At Daniels & Scriven, PC., we provide representation to injured pedestrians and those whose loved ones were killed while walking. Our Boulder pedestrian accident lawyers fight hard for every client and it shows in our successful results, as we’ve recovered millions in compensation for clients over 40 years.

To learn more about how our personal injury lawyers can help, call (720) 903-4770 to schedule a free consultation today.

Where Boulder Pedestrian Accidents Often Occur

Boulder is home to more pedestrians than most cities in Colorado. You can see people walking every day near the University of Colorado campus, North Boulder, and Pearl Street Mall. While Boulder is a walkable city, it is also a frequent site of many pedestrian and bicyclist crashes.

The Colorado Department of Transportation conducted an in-depth Bicycle & Pedestrian Safety Study in which researchers analyzed traffic data from 836 bicycle and pedestrian crashes that occurred between 2015 and 2019. In its analysis of Region 4, where Boulder is located, researchers found:

92% of crashes occurred in urban areas.
89% of crashes occurred on roadways without bike lanes
82% of crashes occurred on roadways with four or more lanes of traffic.
81% of crashes occurred on roadways with an AADT greater than 15,000.
80% of crashes occurred at intersections or driveways.
78% of crashes occurred on a roadway classified as “Principal Arterial – Other.”
74% of crashes occurred on roadways with a shoulder of less than four feet in width.

Boulder roads that had an increased risk of accidents included:

CO 7 (Arapahoe Rd) from 75th Street to US 287
Boulder County Unincorporated US 36 (N Foothills Hwy) from St. Vrain Road to Boulder
CO 119 (Boulder Canyon Dr) From Chapman Dr to Betasso Link Trail
CO 119 (Boulder Canyon Dr) at Intersection w/ Fourmile Canyon Dr.

Common Causes Of Pedestrian Accidents

Various laws are in place to protect pedestrians from being injured in collisions with motorists. Drivers must use reasonable care to avoid hitting pedestrians and must always keep a lookout for them. Still, pedestrian accidents occur when drivers act carelessly by:

Speeding or driving too fast for road or weather conditions
Engaging in distracting activities, such as texting while driving, talking on cellphones, eating or drinking, engaging with infotainment systems, or inputting information into GPS units
Failing to yield the right-of-way of pedestrians
Passing other cars or failing to stop at crosswalks
Running red lights or stop signs
Not paying attention to the roadway or keeping a proper lookout for pedestrians
Driving while under the influence of illicit drugs, prescription medications, or alcohol

If you are injured in a pedestrian accident caused by another driver’s failure to exercise reasonable care, an experienced pedestrian accident lawyer at Daniels & Scriven, PC. can review your case. We can investigate if you have a valid personal injury claim and what compensation you might be entitled to.

Common Types Of Pedestrian Accident Injuries

Pedestrians lack the protections that vehicle occupants have, such as a steel frame, airbags, and seat belts. Therefore, when a car crashes into them, they are likely to suffer catastrophic, life-altering injuries, such as:

Brain trauma
Spinal cord injuries, including injuries that result in complete or partial paralysis
Severe road rash and skin abrasions
Broken bones
Soft tissue injuries that sever tendons and ligaments

These injuries can have a devastating effect on a victim’s life. You may have to quit school. These injuries may have left you with permanent disabilities, causing you to have to move to a less demanding and lower-paying line of work. You might be unable to ever work again.

These injuries can also have a significant toll on your relationships with loved ones. You may have to rely on loved ones for your basic care needs. Your intimate relations may also be affected. In addition to the emotional toll, these accidents can also have a significant financial toll on you. You may face exorbitant medical bills and an uncertain financial future while your ability to make a living is compromised.

A personal injury claim can help you pursue money to fairly compensate you during your next chapter of life. Our experienced legal team can help you demand compensation for expenses you have already incurred, permanent disabilities, future medical bills, emotional distress, and pain and suffering. Call us today to get started with a free case review.

When Can You Make A Pedestrian Accident Claim In Boulder?

Drivers often fail to pay careful attention to pedestrians or they engage in unsafe behaviors such as speeding that put walkers at risk. If a driver was at least 51% responsible for causing a pedestrian accident that harmed you, you can make a claim to hold them accountable.

This 51% rule is called a modified comparative fault rule and it differs from rules in some states that prohibit claims if you share any blame, or from rules in other states that always allow you to recover partial compensation even if you bore most of the blame.

The rule is established in Colo. Rev Stat. § 13-21-111. The same statute also limits your recovery to the percentage of fault attributed to the other driver. If the other driver was 70% responsible for causing the pedestrian accident, they’d have to cover 70% of the resulting loss.

Since pedestrian accidents typically involve injuries caused by motor vehicles, you also must comply with the statute of limitations set forth in Colo. Rev. Stat. § 13-80-101 which sets a three-year time limit for bringing your claim. This is a year longer than the time limit for most injury claims, as Colo. Rev. Stat. § 13-80-102(1) establishes a two-year limit for the majority of cases where harm results from negligence.

How To Make A Boulder Pedestrian Accident Claim

To make a pedestrian accident claim, you’ll need to show either intentional wrongdoing or negligence on the part of the driver who hit you.

Negligence is the most common reason for pedestrian crashes, and Perreira v. State, 768 P.2d 1198 (1989) explains that “To recover on a claim in negligence, the plaintiff must establish the existence of a legal duty, breach of the duty, causation, and damage.”

Motorists obviously have a duty to behave carefully behind the wheel and not hit pedestrians so you’ll need to show you experienced harm as a direct result of their decision to drive less safely than the average reasonable driver would have.

Evidence To Establish Your Pedestrian Accident Claim

Most pedestrian accidents occur because motorists violate applicable laws. A knowledgeable pedestrian accident lawyer can start establishing your claim by pointing to the legal duty that applied. This usually requires citing a particular traffic law, such as crosswalk laws.

Next, we allege that the defendant failed to use due care at the time of the crash. We gather evidence to show how the defendant caused the crash, such as:

Photos or videos of the accident scene
Medical records
Witness statements
Accident reports
Clothing
Vehicle parts and debris on the roadway
Cell phone records

Our experienced pedestrian accident attorneys know how to obtain evidence to show motorists were negligent and responsible for these crashes.

Finally, we demonstrate to the court or insurance company how your injuries have affected you. We may be able to provide documentation and other evidence to substantiate your demand for damages, such as:

Medical records, diagnostic tests, and prognosis reports
Medical bills
Receipts and insurance claims for medical devices
Check stubs and employment records indicating your lost income
Receipts for personal property that you had to replace, such as your phone
Journal entries regarding your pain and symptoms
Statements from coworkers, loved ones, or experts about how the accident has affected you

Compensation for a Boulder Pedestrian Accident

Pedestrian accidents can cause serious injuries because pedestrians have no protection when struck by a vehicle. Victims should be compensated for:

Medical costs
Lost wages and lost earning power
Pain and suffering
Emotional distress
Diminished quality of life

Non-economic damages including “pain and suffering, inconvenience, emotional stress, and impairment of the quality of life,” are capped by Colo. Rev. Stat. § 13-21-102.5 which imposes a limit on recovery that changes over time based on inflation. Colo. Rev. Stat. § 13-21-102 also limits punitive damages to three times actual damages and limits the circumstances when they are imposed, so it’s rare for punitive damages to be awarded in pedestrian accident claims.

Getting Help from a Boulder Pedestrian Accident Lawyer

A Boulder pedestrian accident lawyer at Daniels & Scriven, PC can help you if you or someone you love was hurt or killed in a pedestrian crash. Our compassionate Boulder pedestrian accident attorneys will listen to your story and understand the impact the accident has had on your life. Insurance companies will likely fight aggressively to limit damages, knowing the lifelong impact these injuries can have on you and your family. Our team can work with your healthcare providers to secure documentation of the full extent of your injuries and gather compelling evidence to establish fault. We want to help put you in the best financial position possible so that you can move on to the next chapter of your life with confidence and security.

Call us at (720) 903-4770 to learn how we can put our four decades of experience to work to help you get the compensation you deserve.