Being hit by a car is a terrifying experience, especially when it happens while you are on foot. Many pedestrians who are struck outside of a marked crosswalk immediately assume they have no legal options. If you were jaywalking at the time of the accident, you may worry that the driver is automatically off the hook and that you cannot recover compensation for your injuries.

In Colorado, that assumption is often wrong. Jaywalking does not automatically prevent you from filing a pedestrian accident claim. Colorado law allows injured pedestrians to pursue compensation even if they were partially at fault, as long as certain conditions are met. Understanding how fault is determined and how insurance companies evaluate these cases is key to protecting your rights.

What Does Jaywalking Mean Under Colorado Law?

Jaywalking generally refers to crossing a street outside of a marked crosswalk or against a traffic control signal. In Denver and throughout Colorado, pedestrians are expected to follow traffic laws, just like drivers. However, not every pedestrian accident that occurs outside a crosswalk is treated the same.

Colorado traffic laws recognize that pedestrians may cross streets at unmarked intersections and that drivers still have a duty to remain alert and avoid collisions. Whether a pedestrian was jaywalking is only one factor in determining fault, not the entire story.

Important details often considered include:

• Where the pedestrian crossed the road
• Traffic speed and visibility conditions
• Whether the driver was paying attention
• Whether the driver had time to react
• Whether alcohol, drugs, or distraction were involved

These details can significantly impact whether a pedestrian can pursue a claim and how much compensation may be available.

Colorado’s Comparative Fault Rules and Jaywalking

Colorado follows a modified comparative negligence system. This means that fault can be shared between multiple parties involved in an accident. A pedestrian can still recover compensation as long as they are found to be less than 50 percent at fault for the accident.

If a pedestrian is found partially responsible for jaywalking, their compensation may be reduced by their percentage of fault. For example, if you are found 20 percent at fault and your total damages are $100,000, you may still recover $80,000.

However, if a pedestrian is found to be 50 percent or more at fault, they may be barred from recovering compensation. This makes the investigation and presentation of evidence extremely important in jaywalking cases.

When a Driver May Still Be at Fault

Even if a pedestrian crossed outside a crosswalk, drivers still have a legal duty to exercise reasonable care. Many jaywalking accidents happen because drivers are speeding, distracted, or simply not paying attention to the road.

A driver may be considered negligent if they:

• Were speeding or driving too fast for conditions
• Failed to keep a proper lookout
• Were texting or using a phone
• Were impaired by alcohol or drugs
• Ignored traffic signals or signs

In some cases, a driver could have avoided the collision entirely but failed to take reasonable action. These factors can shift a significant portion of fault away from the pedestrian.

Common Injuries in Jaywalking Pedestrian Accidents

Pedestrians have little protection when struck by a vehicle, regardless of where the accident occurs. Injuries in jaywalking accidents are often severe and life changing.

Common injuries include:

• Traumatic brain injuries
• Spinal cord injuries
• Broken bones and fractures
• Internal organ damage
• Severe road rash and soft tissue injuries

These injuries often result in extensive medical treatment, lost income, and long-term physical limitations. Compensation in a pedestrian accident claim may include medical expenses, lost wages, pain and suffering, and future care needs.

How Insurance Companies Handle Jaywalking Claims

Insurance companies often use jaywalking as a way to minimize or deny pedestrian accident claims. Adjusters may argue that the pedestrian caused the accident or that the driver had no time to react. They may attempt to assign a high percentage of fault to the injured pedestrian to reduce payout or avoid liability altogether.

This is why it is important not to assume fault or give recorded statements without legal guidance. Even casual comments can be used to argue that you were more responsible than the evidence actually supports.

Strong pedestrian accident claims often rely on:

• Police reports
• Witness statements
• Traffic camera or surveillance footage
• Accident reconstruction
• Medical documentation

An experienced attorney can help gather and present this evidence effectively.

Why Legal Representation Matters in Jaywalking Cases

Jaywalking pedestrian accident claims are rarely straightforward. They often involve disputes over fault, conflicting witness accounts, and aggressive insurance tactics. Having legal representation can help level the playing field and protect your interests.

Working with experienced pedestrian accident attorneys allows you to focus on recovery while your legal team handles communication with insurance companies, investigates the accident, and fights for fair compensation.

An attorney can also help determine whether the driver’s actions outweighed any alleged pedestrian fault, which can make a significant difference in the outcome of your case.

What To Do After Being Hit While Jaywalking

If you are hit by a car while crossing outside a crosswalk, your actions immediately after the accident can affect your claim.

Important steps include:

• Seek medical attention right away
• Call the police and ensure a report is filed
• Get contact information from witnesses
• Avoid admitting fault at the scene
• Document your injuries and recovery

Even if you believe you may have been partially at fault, it is still important to protect your legal rights and explore your options.

You May Still Have a Valid Claim

Being hit while jaywalking does not automatically mean you lose your right to compensation. Colorado law recognizes shared responsibility, and many pedestrians successfully recover damages even when they were not crossing in a marked crosswalk.

Each case depends on the specific facts, and small details can have a large impact on fault and compensation. Understanding your rights and getting accurate legal guidance can help you make informed decisions during a difficult time.

If you were injured after being hit by a car while jaywalking in Denver or anywhere in Colorado, we are here to help. Contact us to discuss your situation and learn how we can help you pursue the compensation you deserve.