Arvada Pedestrian Accident Lawyers Who Shift Fault Back to the Driver

An Arvada pedestrian accident lawsuit that exceeds the county-court jurisdictional limit is filed at Jefferson Combined Court (District Court), 100 Jefferson County Parkway, Golden, CO 80401, in the First Judicial District. Jefferson County is the primary county for Arvada; a small portion of Arvada also falls within Adams County, and the county where the crash occurred determines which court handles the case. Most pedestrian claims settle before a lawsuit is filed, but venue affects the local rules and jury pool. CGH handles Jefferson Combined Court cases directly.

No. Pedestrians have the right of way in marked and unmarked crosswalks at intersections, but they must yield to vehicles when crossing mid-block, and they must obey traffic signals when present (C.R.S. 42-4-802 and C.R.S. 42-4-803). Even when a pedestrian breaks one of those rules, the driver still has a duty to use reasonable care to avoid striking them, so an Arvada driver who was speeding or distracted can still bear most of the fault.

Often, yes. In Colorado, an intersection where two roadways meet and sidewalks are present creates an implied, unmarked crosswalk, and the driver's duty to yield under C.R.S. 42-4-802 applies there just as it does at a painted crossing. Insurers commonly argue that the absence of stripes makes you a jaywalker. We answer that by citing the unmarked crosswalk rule and showing you were crossing legally.

Often, yes. Colorado follows a modified comparative negligence rule (C.R.S. 13-21-111). You can recover as long as your share of fault is less than 50 percent, and your award is reduced by your percentage of fault. If you are found 50 percent or more at fault, you recover nothing. A driver's speed, distraction, or intoxication can shift the majority of fault to the driver despite a crossing mistake, and we use reconstruction and witnesses to prove it.

It can. If you carry uninsured or underinsured motorist (UM/UIM) coverage, it applies even when you are on foot and can provide compensation when the at-fault driver has too little insurance or flees the scene. This matters most in hit-and-run cases and when the at-fault driver carries minimal limits. Colorado UM/UIM claims are governed by C.R.S. 13-80-107.5 under Pham v. State Farm, 2013 CO 17.

In most cases you have three years from the date of the crash to file a lawsuit for injuries arising out of the use or operation of a motor vehicle (C.R.S. 13-80-101), which covers a driver who hits a pedestrian. If a city of Arvada vehicle, an RTD bus, or another government agency was involved, or a road or signal defect contributed, you must also provide written notice within 182 days of discovering the injury (C.R.S. 24-10-109(1)). Because evidence on corridors like Wadsworth Boulevard degrades quickly, do not wait to consult an attorney.

RTD and the City of Arvada are public entities subject to the Colorado Governmental Immunity Act. Claims against a government entity require a written notice of claim filed within 182 days of discovering the injury (C.R.S. 24-10-109(1)); missing that deadline bars the claim entirely, regardless of how serious the injuries are. RTD's G Line runs through Arvada with stations at Olde Town Arvada, Arvada Gold Strike, and Arvada Ridge/Ward Road, generating vehicle and pedestrian conflict near station areas. Call us immediately if a public vehicle was involved so the notice deadline is met.