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CGH Injury Lawyers represents pedestrian accident victims across Boulder, Colorado.
Boulder, Colorado

When a Driver Hits You in a Boulder Crosswalk, We Make Them Pay

If a car struck you while you were walking in Boulder, Colorado law was almost certainly on your side, even if the police report or an adjuster told you otherwise. We serve Boulder from our Denver office and fight to recover every dollar your injury is worth. No fee unless we win.

No fee unless we win
Call (303) 209-9395 Get my free pedestrian case review

It's More Than Money.

Get my free pedestrian case review

100% confidential. No fee unless we win.

Serving Boulder From Our Denver Office CGH Injury Lawyers 2701 Lawrence St., Suite 201 Denver, CO 80205 (303) 209-9395 Se habla espanol
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  • Every intersection in Boulder is a legal crosswalk. Under C.R.S. 42-4-802, drivers must yield to pedestrians at both painted and unmarked crossings, so "there were no lines" is not a defense.
  • You can still recover even if you were partly at fault. Colorado uses a modified comparative fault rule with a 50 percent bar (C.R.S. 13-21-111), so a driver's speed or distraction can outweigh a crossing mistake.
  • Your own auto policy may cover you on foot. Uninsured and underinsured motorist coverage often applies to pedestrian injuries when the at-fault driver has too little insurance or flees.

If a driver struck you while walking in Boulder, state law may put the fault squarely on the driver, even if an adjuster suggested you were jaywalking. CGH Injury Lawyers serves Boulder from our Denver office at 2701 Lawrence St., a straight shot down U.S. 36 from the city. We pull traffic camera footage, challenge incomplete police reports, and prepare your case for the 20th Judicial District in Boulder County when an insurer refuses to be fair. You pay nothing unless we recover for you.

The law that governs your case

Colorado pedestrian right-of-way law, C.R.S. 42-4-802, decoded for Boulder

Colorado Revised Statutes 42-4-802 is the cornerstone of pedestrian protection in the state. It sets out when and where a driver must yield to a person on foot, and it is the basis for most pedestrian accident liability claims in Boulder.

Under C.R.S. 42-4-802, a driver approaching a crosswalk must yield the right of way to any pedestrian who is in the crosswalk or so close to it as to be in danger. Once you have entered the crosswalk, drivers in every lane moving the same direction must stop and stay stopped until you have safely crossed, and they may not pass a vehicle that has stopped to let you cross.

  • The duty to yield applies at marked crosswalks with painted lines or signage and at unmarked crosswalks at intersections.
  • Pedestrians have duties too. C.R.S. 42-4-803 requires people crossing outside a crosswalk to yield to vehicles and to obey traffic signals when present.
  • Even when a pedestrian breaks one of those rules, it does not automatically end the right to compensation. Comparative negligence still applies.
The unmarked crosswalk trap

Why paint does not decide who is at fault in Boulder

One of the most common and costly myths in pedestrian cases is that a crosswalk only exists where there are painted white lines. That myth is how insurers deny valid claims by calling the victim a jaywalker.

In Colorado, every intersection where two roadways meet and sidewalks are present creates an implied crosswalk. That is true whether the intersection has traffic signals, stop signs, or no controls at all. The absence of painted stripes does not erase the crosswalk or the driver's duty to yield. This matters at quiet residential corners near the University of Colorado Boulder campus just as much as at busy junctions on 28th Street.

If a driver struck you at an intersection without painted lines, their insurance company will likely argue you were crossing illegally. By citing C.R.S. 42-4-802 and showing you were crossing at a legal unmarked crosswalk, your attorney can shift liability back to the driver who failed to yield.

Common scenarios

Common Boulder crosswalk scenarios and who is usually at fault

Pedestrian accidents happen in predictable patterns. Recognizing the pattern in your case helps explain who violated their duty under Colorado law.

  1. The left-hook turn

    A driver turning left watches oncoming traffic, never sees the person in the crosswalk, and turns into them. Colorado law requires turning drivers to yield to pedestrians, so the turning driver is usually at fault.

  2. The wave-through

    A car in the first lane stops to let you cross, then a car in the second lane that did not stop strikes you. C.R.S. 42-4-802 bars passing a vehicle stopped at a crosswalk, so the second-lane driver is typically at fault. This is common on multi-lane roads like 28th Street and Arapahoe Avenue.

  3. School zones

    Drivers carry a heightened duty of care near schools, where Colorado imposes reduced speed limits and stiffer penalties. A driver who speeds, gets distracted, or ignores a crossing guard bears significant liability when a child is struck.

  4. Parking lot crossings

    Liability in a parking lot can be complex because the rules differ on private property, but drivers still must watch for people on foot. A driver who speeds, backs up without looking, or is distracted is likely at fault.

  5. Mid-block crossings

    Under C.R.S. 42-4-803, a pedestrian crossing mid-block must yield to vehicles. Even so, a driver who saw you, or should have seen you, and had time to stop may share fault, and a speeding, texting, or impaired driver may carry most of it.

Partly at fault?

What if you were partly at fault for the accident?

Even if you made a mistake, crossing against a signal, stepping off a curb suddenly, or crossing mid-block, you may still be owed compensation under Colorado's modified comparative negligence rule.

The 50 percent bar rule (C.R.S. 13-21-111)

Colorado follows a modified comparative negligence system with a 50 percent bar. As long as you are less than 50 percent at fault, you can still recover, but your compensation is reduced by your share of fault.

  • Found 0 percent at fault, you recover 100 percent of your damages.
  • Found 20 percent at fault, you recover 80 percent of your damages.
  • Found 49 percent at fault, you recover 51 percent of your damages.
  • Found 50 percent or more at fault, you recover nothing.

Adjusters lean hard on the word jaywalking to push injured pedestrians toward a lowball offer. The truth is that a driver who was speeding, distracted, or careless can still bear most of the fault even when the pedestrian crossed outside a marked crosswalk. We use accident reconstruction, witness testimony, and traffic camera footage to show the driver had time and distance to stop.

Local Knowledge

Boulder roads. Boulder trauma care. Boulder County courts.

A Boulder pedestrian case lives in Boulder: the corridors where these crashes happen, the hospital that treated you, and the courthouse where your case may be filed. Here is the ground we work on.

Dangerous Corridors

28th Street and Arapahoe Avenue

28th Street carries U.S. 36 through Boulder, and its intersection with Arapahoe Avenue is among the city's highest-crash locations, with roughly 30 accidents reported at or near it in 2022. The 28th Street and Canyon Boulevard intersection ranks among the city's most dangerous as well. Boulder County recorded 22 traffic deaths in 2023, 19 in 2024, and 17 in 2025 through its Vision Zero program. State highways like Colorado 7, the Arapahoe Avenue extension, and Colorado 119, the Diagonal Highway to Longmont, add high-speed risk where people on foot have little protection.

Trauma Care

Foothills Hospital

After a serious Boulder pedestrian crash, severely injured patients are often treated at Foothills Hospital, part of Boulder Community Health at 4747 Arapahoe Avenue, the first verified Level II Trauma Center in Boulder County. Those medical records document the full scope of your injuries, including head trauma, fractures, and internal injuries, and become the backbone of your damages claim.

Courthouse

Boulder County Combined Court

Personal injury cases that arise in Boulder County are filed in the Boulder County Combined Court, the 20th Judicial District, at 1777 6th St. near the Pearl Street Mall, with an alternate location in Longmont at 1035 Kimbark St. Boulder civil procedure differs from Denver and the suburban courts, and the judges and opposing counsel either know your firm or they don't. We handle Boulder County cases directly.

Why CGH

Why Boulder pedestrian accident victims choose CGH Injury Lawyers

Trial-ready attorneys, bilingual help, and no fee unless we win. We do not publish pedestrian settlement figures, because every injury is different and a number on a page tells you nothing about your case. What we offer is the work, not a headline.

The Statute

C.R.S. 42-4-802

Drivers must yield to pedestrians at every Boulder crosswalk, painted or not. We cite the statute and the evidence to put the fault where it belongs.

Boulder, From Denver

A short drive down U.S. 36.

We serve Boulder from our office at 2701 Lawrence St. in Denver, a straight run on the Denver-Boulder Turnpike. You work directly with the attorney handling your case, not a call center.

No Lines, No Problem

Unmarked is still a crosswalk.

An intersection without paint is still a legal crosswalk. The driver's duty to yield does not vanish with the stripes.

Partly At Fault

Jaywalking is not the end.

Under the 50 percent bar in C.R.S. 13-21-111, a careless driver can still owe you most of your damages.

Trial-Ready

Prepared for the 20th Judicial District.

Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates. When attorneys are genuinely ready to try a case in Boulder County, insurers respond differently to a demand.

Bilingual

Hablamos espanol.

Spanish-speaking staff and attorneys serve Boulder's Spanish-speaking community.

No Win, No Fee

Contingency only.

You pay nothing out of pocket for legal fees. We advance costs and collect only from a settlement or verdict.

One honest thing we will tell you up front: we do not take pedestrian cases we cannot honestly stand behind. If the facts and the evidence genuinely put you over the 50 percent fault line under C.R.S. 13-21-111, we will say so in the free review rather than sign you up and let the case stall. When the law is on your side, we fight hard. When it is not, you deserve to hear that early, for free.

After the Crash

What to do after a pedestrian accident in Boulder

Take care of your health first, report the crash, protect the evidence, then call before you talk to the insurer. Here is the path we walk with you.

  1. Get medical care

    Seek treatment even if you feel fine. Injuries like internal bleeding or a traumatic brain injury may not be obvious at the scene. Foothills Hospital on Arapahoe Avenue treats serious trauma in Boulder. Get examined, and keep every record.

  2. Call 911 and report

    Report the crash and request police and medical response. The police report starts the official record, even if its preliminary fault call is incomplete or wrong.

  3. Document the scene

    If you are able, photograph the scene, the vehicle, your injuries, and any signals or crosswalk markings. Get the driver's insurance information and the names and contact details of any witnesses.

  4. Call before insurance does

    The driver's insurer may call quickly. Do not give a recorded statement or accept any offer before speaking with us. Call (303) 209-9395.

  5. We preserve the evidence

    Traffic camera footage can disappear in 30 to 90 days. We request it immediately, locate witnesses, and bring in accident reconstruction when speed or visibility is disputed.

  6. Negotiate or litigate

    Most cases settle. When insurers refuse a fair offer, we file in the Boulder County Combined Court and try your case.

Compensation

What compensation can you recover after a Boulder pedestrian accident?

Colorado law lets injured pedestrians recover two broad categories of damages: economic losses you can document with bills and records, and non-economic losses for the human cost of a serious injury.

Economic damages

  • Medical expenses, past and future
  • Lost wages and lost income
  • Lost earning capacity
  • Rehabilitation and assistive devices
  • Property damage to personal items
  • Out-of-pocket costs tied to the crash

Non-economic damages

  • Pain and suffering
  • Emotional distress, anxiety, and PTSD
  • Loss of quality of life
  • Disfigurement and scarring
  • Loss of consortium for a spouse

Colorado caps non-economic damages such as pain and suffering at $1.5 million for claims accruing on or after January 1, 2025 under C.R.S. 13-21-102.5, with inflation adjustments beginning in 2028. Compensation for physical impairment or disfigurement is not capped, and economic damages such as medical bills and lost wages are never capped. When a pedestrian accident takes a life, surviving family members can pursue a wrongful death claim under Colorado law for funeral and burial expenses, loss of financial support, and loss of companionship and guidance.

Insurer defenses

Defenses insurers use against Boulder pedestrians, and how we answer them

Insurers reach for the same handful of arguments to cut a pedestrian's recovery. Knowing what each one actually requires under Colorado law is how we keep a valid claim alive.

  1. "You were jaywalking"

    This is the defense insurers reach for first, and it usually rests on the myth that a crosswalk needs paint. Under C.R.S. 42-4-802, the driver's duty to yield applies at unmarked crosswalks at intersections too. Even when you were crossing mid-block under C.R.S. 42-4-803, the 50 percent bar in C.R.S. 13-21-111 still lets you recover when the driver's share of fault is greater than yours.

  2. "The pedestrian darted out"

    Drivers and their insurers often claim there was no time to stop. Accident reconstruction, the point of vehicle damage, and the location of your injuries can show the driver actually had time and distance to brake, or was speeding or distracted when it counted.

  3. "The police report blames you"

    An officer arriving after the fact often makes a preliminary fault call from limited information. A police report is not the final word. We challenge an incorrect one with traffic camera footage, independent witnesses, and biomechanics analysis.

Winning a pedestrian case takes more than pointing to the statute. It takes evidence that shows what happened and who broke their legal duty. We move fast because some of that evidence disappears within weeks. We request traffic camera footage immediately, interview independent witnesses while memories are fresh, and use accident reconstruction to recreate the collision from physics, vehicle damage, and road conditions.

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Who pays

Insurance coverage for Boulder pedestrian accidents

Many pedestrian accident victims are surprised that more than one policy may cover their injuries, not just the at-fault driver's policy.

  • The at-fault driver's liability coverage is the primary source. Colorado requires drivers to carry minimum liability coverage of $25,000 per person for bodily injury, and a driver with higher limits gives you more to recover against.
  • Your own uninsured and underinsured motorist coverage can apply even though you were on foot. It adds compensation when the at-fault driver has no insurance, too little insurance, or flees the scene. Colorado UM/UIM claims are governed by C.R.S. 13-80-107.5 under Pham v. State Farm, 2013 CO 17.
  • Health insurance and any MedPay coverage on an auto policy can pay early medical bills. Health insurers often hold subrogation rights, and we negotiate those liens so you keep more of your recovery.

Insurance companies, including your own, are businesses built to minimize payouts. Before you give a recorded statement, sign a medical authorization, or accept a fast settlement, talk to an attorney who can handle those conversations for you.

Questions

Boulder pedestrian accident, frequently asked questions

Do pedestrians always have the right of way in Boulder?

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. Even when a pedestrian breaks one of those rules, the driver still has a duty to use reasonable care to avoid striking them under C.R.S. 42-4-802.

What if I was hit in a crosswalk on 28th Street?

If a driver struck you in a crosswalk, the driver is typically at fault for failing to yield under C.R.S. 42-4-802. The 28th Street and Arapahoe Avenue area is among Boulder's highest-crash locations, and multi-lane roads create the wave-through pattern, where a stopped car in one lane hides you from a driver in the next. You may be owed compensation for medical expenses, lost wages, pain and suffering, and other damages. Document the scene, get witness information, and consult an attorney who can preserve evidence.

Can I recover if I was crossing outside a crosswalk?

Yes. Even if you were crossing outside a designated crosswalk, you can still pursue a claim under Colorado's modified comparative negligence rule (C.R.S. 13-21-111). As long as you are less than 50 percent at fault, you can recover a portion of your damages. A driver's speed, distraction, or intoxication can shift the majority of fault to the driver despite your crossing outside the lines.

Does my own car insurance cover me as a pedestrian in Boulder?

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. Check your policy declarations page or contact your insurer to confirm your limits. Colorado UM/UIM claims are subject to C.R.S. 13-80-107.5 under Pham v. State Farm, 2013 CO 17.

How long do I have to file a pedestrian accident claim in Colorado?

You generally have three years from the date of the accident to file a lawsuit for injuries arising out of the use or operation of a motor vehicle (C.R.S. 13-80-101(1)(n)). If the at-fault driver is a government employee, such as an RTD bus driver, you may need to file a written notice of claim within 182 days under the Colorado Governmental Immunity Act (C.R.S. 24-10-109). Different rules can apply when the injured person is a minor. Consult an attorney as soon as possible to protect your rights.

Where is a Boulder pedestrian accident lawsuit filed?

Personal injury cases that arise in Boulder County are filed in the Boulder County Combined Court, the 20th Judicial District, at 1777 6th St. in Boulder near the Pearl Street Mall, with an alternate location in Longmont at 1035 Kimbark St. Most pedestrian claims settle before a lawsuit is filed, but where a case would be filed affects the local rules, the jury pool, and which adjusters and defense firms you face. We handle Boulder County cases directly.

The driver's insurer says I am at fault. Does that end my case?

Not automatically. Colorado uses a modified comparative negligence rule with a 50 percent bar (C.R.S. 13-21-111). As long as your share of fault is less than the driver's, you can still recover, with your compensation reduced by your percentage. Adjusters often overstate a pedestrian's fault to justify a lowball offer. We use accident reconstruction, witness testimony, and traffic camera footage to show the driver had time and distance to stop.

What should I do right after a pedestrian accident in Boulder?

Seek medical attention first, even if you feel fine, since injuries like internal bleeding or a traumatic brain injury may not be obvious. Foothills Hospital on Arapahoe Avenue treats serious trauma in Boulder. Call 911 to report the accident. If you are able, photograph the scene, the vehicle, your injuries, and any crosswalk markings. Get the driver's insurance information and witness contacts, and do not give a recorded statement to any insurer before consulting an attorney. You can reach us at (303) 209-9395.

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It's More Than Money.

You were hurt crossing a Boulder street. We handle the fight.

Free consultation. No fee unless we win. Available in English and Spanish.

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Call (303) 209-9395 Get my free pedestrian case review

Prefer to read first? See how Colorado's pedestrian right-of-way law works.

CGH Injury Lawyers · Serving Boulder from 2701 Lawrence St., Suite 201, Denver, CO 80205