Pedestrian Accidents in Denver

When a car hits a pedestrian, injuries are often serious, and insurers often blame the person on foot. This page explains Colorado’s right-of-way rules in plain English, how comparative negligence works, which insurance may pay, what deadlines apply, and the exact steps to protect your claim. Need help now? Call 303-762-9500 or request a free consultation.

On this Page

• Why Pedestrian Cases are Different
• Right-of-Way Rules (Crosswalks & Signals)
• Crossing Outside a Crosswalk (and Unmarked Crosswalks)
• Comparative Negligence in Colorado (the 50% Rule)
• Drivers’ Duty of Due Care Toward Pedestrians
• Evidence that Proves Liability
• Damages we Pursue
• Insurance Sources (BI, UM/UIM, MedPay)
• Colorado Deadlines & Special Notices
• What to Do Right Now (Checklist)
• FAQs

Why Pedestrian Cases are Different

Pedestrian collisions happen at busy intersections like Colfax and Speer, along I-25 and I-70 corridors, and in dense neighborhoods where turning drivers miss people in the crosswalk. Injuries can include concussions/TBI, fractures, spinal injury, and scarring. Fault is often contested—so clear, early evidence and a firm grasp of Colorado rules make a big difference.

Right-of-Way Rules (Crosswalks & Signals)

Colorado law requires drivers to yield to pedestrians in crosswalks when traffic signals are absent or not working. Drivers may not pass a vehicle that’s stopped at a crosswalk to let someone cross. Pedestrians, in turn, shouldn’t suddenly step into the path of a close vehicle. These basics apply at both marked crosswalks and unmarked crosswalks at intersections. When signals are operating, drivers turning on green—or following a green arrow—must yield to pedestrians lawfully in the crosswalk. Pedestrians must obey pedestrian-control signals and other devices that apply to them (e.g., WALK/DON’T WALK). Takeaway: Crosswalks are for people—drivers must yield. Pedestrians should follow signals and avoid stepping into an immediate hazard.

Crossing Outside a Crosswalk (and Unmarked Crosswalks)

Between signalized intersections, pedestrians generally must not cross mid-block except in a marked crosswalk. If you cross at another point, you must yield to vehicles—but that does not automatically end your case; it simply becomes a fault-sharing analysis (see comparative negligence below). Note: unmarked crosswalks exist at many intersections, so a crossing can be lawful even without painted lines.

Comparative Negligence in Colorado (the 50% Rule)

Colorado uses modified comparative negligence. If you’re less than 50% at fault, you can still recover—your damages are reduced by your percentage of fault. If you are 50% or more at fault, recovery is barred. This is why factual development and reconstruction matter so much in pedestrian cases.

Drivers’ Duty of Due Care Toward Pedestrians

No matter what, drivers have a statutory duty to exercise due care to avoid hitting pedestrians, to warn with the horn when necessary, and to take extra precautions around children or anyone who appears confused or incapacitated. Violating this duty is a traffic infraction and can support civil liability.

Your Own Car Insurance may cover you and pay your money if you are the Pedestrian…Really!

If you are injured by a car, your own car insurance may cover you, even if you are a pedestrian.  Harding will give you a free consultation to see if your own car insurance can help you recover more money.  We know you were a pedestrian and not in your car, but most all car insurance you have will cover you if you are injured by a vehicle. You may also have medical payment coverage on your car insurance which can pay for medical bills. You need to know that if the accident is not your fault, your car insurance cannot raise your rates, lower coverage or cancel you, so putting in this claim and getting more money for your settlement from your own uninsured/underinsured coverage costs you nothing.

Evidence that Proves Liability

We build leverage by documenting:

• Video & images: Doorbell/retail cameras, transit footage, traffic-cam clips, bystander phone video.
• Scene forensics: Impact points, debris field, skid marks, signal timing/phase, and vehicle damage patterns.
• Witness & officer info: Names, numbers, call-back permission; 911/CAD logs.
• Medical proof: ER/urgent-care notes, imaging, specialist opinions, future-care plans.
• Work impact: Pay stubs, gig history, employer letters, and vocational analyses.
• Visibility factors: Lighting, weather, clothing/reflectivity, obstructions.

Damages We Pursue

• Medical expenses (past, present, and future), rehabilitation, and assistive devices
• Lost wages and reduced earning capacity (including gig workers)
• Pain, suffering, impairment, and loss of enjoyment
• Scarring/disfigurement and household services
• Property damage (phone, glasses, mobility aids)

Insurance Sources (BI, UM/UIM, MedPay)

• At-fault driver’s liability (BI) insurance.
• Your UM/UIM if the driver fled or carried too little insurance (or if there’s a dispute over fault). We’ll analyze your policy and coordinate with the UM/UIM framework described on our site.
• MedPay and health insurance to handle immediate bills (coordination matters).

Colorado Deadlines & Special Notices

• Motor-vehicle injury lawsuits: generally 3 years from accrual for torts arising out of the use or operation of a motor vehicle. Some other personal injury actions are 2 years—another reason to act quickly.
• Claims implicating a public entity (e.g., city vehicle, signal timing, roadway defect): Colorado’s Governmental Immunity Act typically requires a written notice of claim within 182 days of discovering the injury. Missing this notice can bar the claim—contact counsel immediately.

We manage the calendar and policy-notice requirements so you don’t miss crucial deadlines.

What to Do Right Now (Checklist)

• Get medical care and follow your treatment plan.
• Call police and keep the report/incident number.
• Collect evidence: photos/video, witness contacts, store or doorbell camera locations.
• Preserve clothing/footwear: they can show visibility and impact.
• Avoid recorded statements to the other side’s insurer.
• Bring your auto policy (for MedPay/UM) to your consult.
• Call Harding & Associates at 303-762-9500 or request a free consultation.

FAQs: Denver Pedestrian Accidents

I wasn’t in a marked crosswalk—do I still have a case?Often, yes. Colorado recognizes unmarked crosswalks at intersections, and even outside a crosswalk it becomes a fault-sharing analysis under comparative negligence. Facts and evidence control. The driver says I “darted out.” How is fault decided?Pedestrians shouldn’t suddenly step into the path of a close vehicle—but drivers still owe a duty of due care to avoid collisions. Liability usually turns on scene evidence, timing, and visibility. Who pays my medical bills before settlement?Often MedPay under your auto policy (if you have it) and/or health insurance; final allocation is addressed in settlement. We help coordinate benefits and lien issues. What if the driver fled the scene?We’ll pursue leads and, if necessary, open a UM claim under your policy; see our UM/UIM page for how this works.  How long do I have to file?Most motor-vehicle injury suits must be filed within three years; some actions are two years, and public-entity claims require 182-day notice. Don’t wait—talk to a lawyer now.

If you were hit while walking on Colfax, Speer, or anywhere in Denver, Aurora, Arvada, Lakewood or along I-25 / I-70, get clear answers and a plan today. Call 303-762-9500 or request a free consultation now.

*This information is for general education only, not legal advice, and does not create an attorney-client relationship. Every case is different; coverage and deadlines depend on specific facts and policy terms.