Driver Duty to Yield (C.R.S. 42-4-802)
Colorado law requires drivers to yield to pedestrians who are crossing the roadway within a marked crosswalk or within any unmarked crosswalk at an intersection. This rule covers both painted crosswalks and the invisible legal crosswalk that exists at every intersection corner, even where there are no painted lines. If a driver failed to yield and hit you, that driver violated a specific statutory duty.
Pedestrian Duties (C.R.S. 42-4-803)
Pedestrians also carry duties under Colorado law: they must use available crosswalks when present, obey traffic control signals, and avoid suddenly leaving a curb into the path of a vehicle that is so close it cannot yield in time. A driver will often argue that the pedestrian violated these rules to reduce or eliminate the driver's liability. We anticipate that defense and counter it with evidence before it can take hold.
Comparative Negligence and the 50 Percent Bar (C.R.S. 13-21-111)
Colorado follows a modified comparative negligence rule. If you were partially at fault for your own accident, your compensation is reduced by your percentage of fault. However, if a jury or adjuster assigns you 50 percent or more of the fault, you recover nothing. Insurance adjusters will push your fault percentage as high as possible to reduce or eliminate their payout. Our attorneys counter that strategy with accident reconstruction, surveillance video, witness statements, and scene evidence.
Government Vehicles and the CGIA Notice Deadline (C.R.S. 24-10-109)
When a city bus, county vehicle, or state vehicle strikes a pedestrian, the Colorado Governmental Immunity Act (CGIA) requires you to file a written notice of claim within 182 days after the date you discovered the injury. Missing that window almost always destroys the claim. If a government vehicle was involved in your Colorado Springs crash, call us immediately. The clock on your notice deadline starts on the date you discovered the injury, not simply the date of the crash, under C.R.S. 24-10-109(1). Call us immediately; the discovery trigger is fact-specific and the window is unforgiving.
Statute of Limitations for Pedestrian Accident Claims (C.R.S. 13-80-101(1)(n))
For claims against a private driver or private entity, Colorado law gives pedestrian accident victims three years from the date of the crash to file suit. Three years sounds like a long time, but evidence disappears fast: dashcam footage overwrites, witnesses move, and memories fade. Contacting an attorney early preserves the evidence you need to win.