When most people think about pedestrian accidents, they assume the driver is automatically responsible. Cars are larger, faster, and far more dangerous than someone walking across the street, so it’s natural to think that drivers should bear the blame. However, in Colorado, pedestrians can sometimes share responsibility for an accident, and in certain cases, they may even be found primarily at fault. Understanding how liability works in these situations is essential for anyone who has been injured while walking near or across a roadway.

Understanding Colorado’s Shared Fault Laws

Colorado uses a modified comparative negligence rule to determine fault in personal injury cases. This means that more than one person can share responsibility for an accident, including the pedestrian. When this happens, each party’s percentage of fault is determined, and any compensation is adjusted accordingly. For instance, if a pedestrian is awarded $100,000 but found 25% at fault, the final recovery would be $75,000. If the pedestrian is found 50% or more responsible, they would not be able to recover any compensation at all.

This rule is critical in pedestrian accident claims because many cases involve a combination of poor visibility, distracted behavior, or confusion at intersections. Pedestrians who ignore signals or step into the road outside of a crosswalk may share fault, but that doesn’t necessarily mean the driver is blameless. Determining fault requires reviewing all available evidence, including witness statements, camera footage, police reports, and accident reconstruction findings. A clear understanding of the facts is the foundation of any successful injury claim in Colorado.

Common Situations Where Pedestrians May Be at Fault

While drivers have a duty to watch for pedestrians, there are specific actions or behaviors that can make a pedestrian partially or fully liable for an accident. Below are some of the most common examples:

• Crossing the street outside of a marked crosswalk or intersection
• Ignoring traffic signals or crossing against a “Do Not Walk” sign
• Suddenly stepping into the roadway without giving drivers enough time to stop
• Walking on highways or restricted roads where pedestrian access is prohibited
• Using a phone, wearing headphones, or otherwise being distracted while crossing
• Walking under the influence of drugs or alcohol

Each of these scenarios can contribute to an accident, but the level of fault assigned depends on the surrounding circumstances. For instance, if a pedestrian crossed against the light but the driver was also speeding or texting, both parties could share responsibility. It’s important to remember that being partly at fault doesn’t eliminate the right to compensation. The outcome depends on the overall percentage of fault determined by investigators or the court.

How Drivers Can Still Be Responsible

Even when pedestrians make mistakes, Colorado law still expects drivers to exercise reasonable care. This includes obeying traffic laws, maintaining a safe speed, and staying alert to their surroundings. Drivers must yield to pedestrians in marked crosswalks and be cautious in areas where people are likely to walk, such as near schools, parks, and shopping centers.

A driver can still be found mostly or entirely at fault if their negligence caused the accident. Examples include speeding, running red lights, texting behind the wheel, or driving under the influence of alcohol or drugs. In these situations, even if the pedestrian was distracted or crossing outside a crosswalk, the driver’s reckless actions may outweigh the pedestrian’s contribution to the accident.

Evidence is critical in determining responsibility. Traffic camera footage, dashcam recordings, and physical evidence such as skid marks can help show whether a driver tried to stop or was acting carelessly. Witness testimony can also be extremely valuable in confirming how the crash occurred. The more evidence available, the clearer the picture of who truly caused the accident becomes.

Why You Need a Pedestrian Accident Attorney

Pedestrian accident claims are rarely straightforward. Insurance companies often attempt to place some or all of the blame on the pedestrian to reduce or deny compensation. Without strong legal representation, injured pedestrians may struggle to prove that the driver’s negligence was the main cause of the accident. This is why it’s vital to work with an experienced attorney who understands Colorado’s comparative negligence laws and how to build a persuasive case.

At Bell & Pollock, we know how to deal with insurance companies that use unfair tactics to minimize payouts. Our pedestrian accident attorneys focus on gathering solid evidence, consulting with experts, and ensuring that injured pedestrians are treated fairly under the law. We fight to recover compensation for medical expenses, lost wages, pain and suffering, and other damages caused by negligent drivers. Our legal team works closely with clients to make sure their stories are heard and their rights are protected throughout the process.

Steps to Take After a Pedestrian Accident

Knowing what to do immediately after a pedestrian accident can make a major difference in your ability to recover compensation. The moments following a crash can be chaotic and stressful, but taking the right steps helps protect your physical health and your legal rights. Here’s what you should do:

• Seek medical attention right away, even if you think your injuries are minor. Some injuries may not show symptoms immediately.
• Report the accident to the police so there is an official record of what happened.
• Collect the driver’s information, including their name, license number, and insurance details.
• Gather contact information for any witnesses who saw the collision.
• Take photos of the accident scene, including crosswalks, signals, skid marks, and your injuries.
• Avoid admitting fault or discussing the details of the accident with the driver’s insurance company.
• Contact a qualified personal injury attorney before speaking with insurance adjusters or signing any documents.

Following these steps helps preserve crucial evidence and gives your attorney the best possible foundation for your case. It also prevents insurance representatives from using your words or actions against you later in the claims process.

Get Help from Bell & Pollock

If you’ve been injured in a pedestrian accident in Colorado and someone is trying to blame you for what happened, don’t face it alone. You deserve an experienced legal team that will stand up for your rights and hold negligent drivers accountable. At Bell & Pollock,, we understand how devastating these accidents can be and how important it is to recover fair compensation for your injuries and losses.

Our team will review the details of your case, gather the evidence needed to prove liability, and handle communication with the insurance companies while you focus on healing. Whether you were crossing a busy Denver intersection or walking through a quiet neighborhood, we’re here to help you understand your rights and pursue justice. To speak with a lawyer about your situation, contact us today. We’re ready to fight for you and help you move forward with confidence.