Understanding Your Rights for Accident Compensation As a Pedestrian in Colorado Springs
Most people walk every day, whether it’s to get fresh air or as a commute to work. However, despite the convenience and health benefits, pedestrians face significant risks, especially when sharing the road with vehicles.
Pedestrian accidents are common in Colorado Springs, with victims suffering from minor bumps and bruises and serious injuries that may change their lives. Understanding your rights regarding accident compensation as a pedestrian in Colorado Springs is paramount for ensuring justice and proper support.
This article explores the rights pedestrians have in terms of vehicle accidents in Colorado Springs.
Legal Framework for Pedestrian Accident Compensation in Colorado Springs
The local ordinances in Colorado Springs and the state’s law provide a legal framework to protect pedestrians in case of accidents. The fundamental idea is that cars must drive carefully to avoid injuring pedestrians.
For instance, the Colorado Springs government website states drivers should always yield to pedestrians in crosswalks. They should also stop behind the crosswalks to allow other vehicles to see the pedestrians trying to cross the road. Furthermore, since there might be a pedestrian crossing, they are not permitted to pass any car that has stopped at a crosswalk.
When this duty is breached due to negligence or recklessness, the driver may be liable for the pedestrian’s injuries and related damages.
Even new efforts are being made to improve pedestrian safety in Colorado Springs, which were disclosed recently. According to a KRDO article, the efforts were revealed after the recent death of a 78-year-old Colorado Springs woman. It was said that a year-long, federally-funded program would study the intersections to determine if more pedestrian safety measures are required.
The city has also recently installed signs at the busy intersections of Colorado and Nevada avenues. These signs inform drivers that right turns are prohibited when traffic lights are red and pedestrians are on the road. While this is already a law, the signs are installed to remind drivers of it.
Despite all the efforts, pedestrian accidents occur, most likely by cars. Springs Law Group emphasizes hiring a local lawyer for such events. Attorneys can help you file a lawsuit, assess damages, negotiate with the insurance company, and get you the right settlement amount. Hiring a lawyer works both ways, as there is a chance that a pedestrian made some error that led to the collision.
In both cases, hiring a Colorado Springs auto accident attorney is advised. You can focus on healing from your injuries and have peace of mind knowing that you have the right attorney by your side.
Common Causes of Pedestrian Accidents
Numerous factors can lead to pedestrian accidents, such as:
- Distracted driving: Drivers who text, chat on the phone, or engage in other diversions may fail to detect pedestrians.
- Speeding: Going above the speed limit affects a driver’s response time and increases the severity of pedestrian accidents.
- Neglecting to yield: At crosswalks and intersections, drivers sometimes neglect to yield to pedestrians.
- Intoxication: When under the influence of drugs or alcohol, a driver’s reaction time to pedestrians is significantly decreased.
- Poor visibility: Inadequate street illumination, inclement weather, or obscured vistas can make it harder for cars to spot pedestrians.
Legislators must assess these causes and take precautionary measures as pedestrian accidents increase in Colorado. According to Denver7 News, Colorado traffic deaths have dropped, but pedestrian and bicyclist fatalities have increased. The Colorado Department of Transportation (CDOT) reported 133 pedestrian deaths in 2023, a 16% increase compared to the previous year.
Types of Compensation Available to Injured Pedestrians
Injured pedestrians in Colorado Springs may be eligible for a range of benefits, such as:
- Medical expenses: They include coverage for medical treatment, hospitalization, surgery, medication, rehabilitation, and other healthcare-related costs resulting from the accident.
- Lost earnings: Compensation for money lost due to missing work caused by the accident, such as wages, salaries, bonuses, or other perks.
- Discomfort and suffering: These are non-economic damages designed to compensate for bodily discomfort, emotional misery, mental agony, and loss of enjoyment of life caused by an accident.
- Property damage: Payment for replacing or repairing any clothing, electronics, or other personal property damaged in an accident.
- Wrongful death: In the terrible case of a pedestrian death, the surviving family members may seek compensation. Financial compensation for funeral costs, loss of support, and emotional distress may be awarded in a wrongful death lawsuit.
Understanding Comparative Negligence in Colorado
Because Colorado has a modified comparative negligence system, you can seek partial compensation even if you played some part in the accident. According to Nolo, comparative negligence allows pedestrians to receive compensation even in cases where they have some degree of fault. On the other hand, the amount granted will correspondingly decrease your level of fault.
Many states follow comparative negligence law, but there are some states where pure contributory negligence is applicable. This law prevents victims from claiming compensation if they contributed even in the slightest bit to the accident.
Frequently Asked Questions
What Must I Do Right Away Following a Pedestrian Accident?
After ensuring your safety, seek medical assistance for any injuries. Photograph the accident site, get witness accounts, and file a police complaint. These measures might help enhance your compensation claim.
What Sorts of Compensation Might I Seek After a Pedestrian Accident?
In the event of a pedestrian accident, damages such as property damage, lost wages, pain and suffering, and other related losses may be granted as compensation. The types of compensation that are available differ based on the specifics of the incident and the extent of your injuries.
Even if I Had Some Part of the Accident’s Fault, Can I Still Get Compensation?
Colorado has a modified comparative negligence law, which means you can seek compensation even if you were somewhat at fault. However, your payout might be lowered in line with your degree of responsibility.
In summary, pedestrian accidents can result in severe outcomes such as physical harm, psychological distress, and financial difficulties. Understanding your rights regarding accident compensation as a pedestrian in Colorado Springs is crucial for obtaining the support and justice you deserve.
You can seek professional help to navigate the complex aftermath of pedestrian accidents. Remember, you don’t have to face this challenging situation alone—help is available to guide you through every step of the way.