ClickCease
Main Avenue pedestrian crossing in Durango, Colorado. CGH Injury Lawyers represents pedestrian accident victims across La Plata County.

IT'S MORE THAN MONEY.

Durango Pedestrian Accident Lawyers Who Build Your Claim to Its Full Value

Being struck by a car on Main Avenue, at the College Avenue crosswalk, or anywhere in La Plata County leaves you with injuries no insurance adjuster wants to pay for fairly. CGH Injury Lawyers represents pedestrian accident victims in Durango from our Denver office. We know the La Plata County roads where these crashes happen, we know the law that governs them, and we prepare every case for the District Court, La Plata County, 6th Judicial District when an insurer refuses to be fair. You pay nothing unless we win.

No fee unless we win
Get My Free Case Review Durango Local Information
Or speak with our team now (303) 209-9395

Tell us what happened

100% confidential. No fee unless we win.

5-star rated on Google ABOTA trial advocate on the team Bilingual EN / ES No fee unless we win

Durango's Main Avenue corridor is a documented pedestrian crash zone. Vehicles traveling US 550 as a through-route through downtown, tourists on foot heading to the Durango and Silverton Narrow Gauge Railroad depot, and Fort Lewis College students crossing toward campus all converge on roadways where drivers routinely fail to yield. When one of those drivers strikes you, Colorado law is clear about who had the right of way. CGH Injury Lawyers handles pedestrian accident claims in Durango and across La Plata County from our Denver office. We build the claim to its full value and take it to the District Court, La Plata County, 6th Judicial District when insurers refuse to be fair.

  • Every intersection in Durango is a legal crosswalk. Under C.R.S. 42-4-802, drivers must yield to pedestrians at both marked and unmarked crosswalks, so the absence of painted lines on a downtown street does not strip you of your right of way or give the driver a defense.
  • Colorado uses modified comparative fault with a 50 percent bar (C.R.S. 13-21-111). Even if you were crossing outside a marked crosswalk or made a mistake, you can still recover as long as a jury finds you were less than 50 percent at fault. A driver who was speeding, distracted, or impaired can carry most of the blame even when the pedestrian shares some responsibility.
  • There is no CGH office in Durango. The firm's only office is at 2701 Lawrence St., Suite 201, Denver, CO 80205. We serve La Plata County pedestrian accident clients from that office, file cases in the District Court, La Plata County, 6th Judicial District, and travel to Durango as cases require.

Your right of way

Colorado pedestrian right-of-way law and how it applies in Durango

Colorado Revised Statutes 42-4-802 governs every crosswalk encounter in La Plata County, from the raised crosswalks CDOT installed at Camino del Rio and College Avenue to unmarked intersections on residential streets behind Fort Lewis College. Understanding what the statute actually says is how you counter an insurer's argument that you were at fault.

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 close enough to be in danger. Once you have entered the crosswalk, every driver moving in the same direction must stop and remain stopped until you have safely crossed. A driver in the next lane may not pass a vehicle that has already stopped to let you cross. These rules apply at marked crosswalks and at unmarked crosswalks at intersections.

  • Marked crosswalks exist at signalized intersections like Main Avenue and College Avenue, at the raised crosswalk at Camino del Rio, and at painted mid-block crossings on downtown streets.
  • Unmarked crosswalks exist at every intersection in Durango where two roadways meet and sidewalks are present. A driver who struck you at an unmarked crossing cannot argue there was no crosswalk.
  • Pedestrians also carry duties under C.R.S. 42-4-803. When crossing mid-block outside a crosswalk, pedestrians must yield to vehicles. When a traffic signal is present, pedestrians must obey it. Violating one of those rules can affect your fault percentage but does not bar your claim as long as you remain below 50 percent at fault.

Where Durango pedestrian crashes happen

The roads and crossings behind most La Plata County pedestrian accident claims

Pedestrian collisions in Durango cluster around the same corridors and conditions that define the city: a busy US highway running through a compact downtown, a college campus on a mesa above Main Avenue, tourist traffic converging near the Narrow Gauge Railroad depot, and a river trail drawing walkers and cyclists year-round. Understanding where and why these crashes happen is the foundation for proving fault.

  1. Main Avenue and the US 550 through-route

    Main Avenue carries US 550 traffic as a through-route across downtown Durango. CDOT and the City of Durango undertook pedestrian safety improvements, including raised crosswalks at the Camino del Rio and College Avenue intersection, specifically because of documented fatal and serious pedestrian crash history on the north segment of Main Avenue. The raised crosswalk design forces vehicles to slow, but does not eliminate the risk when drivers fail to yield. Pedestrians crossing at unsignalized segments of Main Avenue face vehicles traveling at through-route speeds. A driver turning from a side street onto Main Avenue who fails to check the crosswalk before completing the turn is the most common fault pattern on this corridor.

  2. College Avenue and Fort Lewis College approaches

    Fort Lewis College sits on a mesa above downtown Durango, and students cross College Avenue and the Main Avenue intersection on foot throughout the day and evening. The College Avenue corridor sees concentrated pedestrian volume during class changes, college events, and evening hours when lighting conditions reduce visibility. Drivers familiar with College Avenue during low-traffic hours can be caught off guard by the pedestrian volume during a busy semester evening. The multi-lane approach to the Main Avenue intersection creates the wave-through hazard: one driver stops for a crossing pedestrian while a driver in an adjacent lane does not.

  3. Narrow Gauge Railroad depot and historic downtown

    The Durango and Silverton Narrow Gauge Railroad depot at the south end of downtown draws significant tourist foot traffic during the operating season from May through October. Visitors unfamiliar with Durango's streets cross between the depot, parking areas, and the riverfront without awareness of traffic patterns or crosswalk locations. Drivers navigating the depot approach, Narrow Gauge Avenue, and adjacent parking areas frequently navigate complex merging situations while pedestrian volume peaks around departure times. Tourists crossing outside marked crosswalks are the most common target for the jaywalking label from insurance adjusters, even when the driver had ample time and visibility to stop.

  4. Animas River Trail crossings

    The Animas River Trail is a multi-use path running through Durango along the river corridor. Trail users cross vehicle roadways at multiple points where the path intersects streets. Drivers unfamiliar with trail crossing locations, or not expecting trail users at dawn and dusk hours, represent a specific pedestrian accident risk on these crossings. Spring snowmelt from the San Juan Mountains also creates flooding conditions on trail segments, displacing walkers and cyclists onto roadways that may not have crosswalk markings at every crossing point.

After the crash

What to do after a pedestrian accident in Durango

The steps you take in the hours after being struck by a vehicle on a Durango road or crosswalk determine the strength of your claim. Some evidence disappears within days. These steps protect both your health and your legal rights.

  1. Call 911 and get medical attention

    A Colorado State Patrol or Durango Police Department report creates the official record of where you were struck, traffic conditions, and the driver's initial statements. Do not assume your injuries are minor. Pedestrians struck by vehicles commonly sustain traumatic brain injuries, spinal injuries, fractures, and internal injuries that may not feel serious in the immediate aftermath of adrenaline. Get to CommonSpirit Mercy Hospital for evaluation, and follow through with every recommended diagnostic test and follow-up visit.

  2. Document everything at the scene

    If you are physically able, photograph the crosswalk markings or the absence of them, the location of any traffic signals, the vehicle, your visible injuries, skid marks, and the surrounding road conditions. On Main Avenue and at the College Avenue intersection, the presence or absence of the raised crosswalk and its location relative to where you were struck is evidence of whether you were in a legal crosswalk under C.R.S. 42-4-802. Collect contact information from any witnesses before they leave the area.

  3. Seek care at CommonSpirit Mercy Hospital

    Serious pedestrian accident injuries in La Plata County are typically treated at CommonSpirit Mercy Hospital, the region's designated Level III Trauma Center in Durango. Emergency imaging, CT scans for traumatic brain injury, and spine evaluation generate the medical records that become the foundation for every damages category in your claim. Keep every record, every bill, and every note from your treating providers. Do not discharge yourself against medical advice or skip follow-up appointments, which insurers later use to argue your injuries were not serious.

  4. Do not give a recorded statement to the insurer

    The at-fault driver's insurer may call you within hours. Do not agree to a recorded statement. Adjusters handling pedestrian accident claims in downtown Durango routinely ask questions designed to establish that you darted into traffic, crossed against a signal, or were not paying attention, all of which are arguments aimed at pushing your fault percentage toward the 50 percent bar under C.R.S. 13-21-111 that eliminates your recovery entirely. Let an attorney handle those conversations.

  5. Check for a government notice deadline

    If the City of Durango or CDOT may have contributed to your accident through a dangerous road condition, inadequate crosswalk markings, or a malfunctioning traffic signal, a written notice of claim must be served on that public entity within 182 days of discovering the injury under C.R.S. 24-10-109(1). That deadline runs before the general three-year filing deadline for motor vehicle injury claims and is a strict jurisdictional requirement. Missing it bars the government-entity portion of your claim entirely.

  6. Contact CGH Injury Lawyers

    Colorado's three-year filing deadline for motor vehicle crash injury claims under C.R.S. 13-80-101(1)(n) means evidence preservation needs to start now. Traffic and business camera footage on Main Avenue and College Avenue may be overwritten within 30 days. We serve La Plata County pedestrian accident clients from our Denver office, handle La Plata County District Court cases directly, and offer a free consultation with no fee unless we win. Call (303) 209-9395 or use the form on this page.

Compensation

What compensation can you recover after a Durango pedestrian accident?

Colorado law lets injured pedestrians recover economic losses and non-economic losses. In serious pedestrian cases, the physical impairment and disfigurement category is frequently where the most significant recovery is built, because it is not capped under any circumstances.

Economic damages (never capped)

  • Medical expenses, past and future
  • Lost wages and lost income
  • Loss of earning capacity
  • Rehabilitation, physical therapy, and assistive devices
  • Long-term or lifetime care costs
  • Out-of-pocket expenses tied to the crash

Non-economic and physical-impairment damages

  • Pain and suffering (capped at $1,500,000 for claims accruing on or after January 1, 2025, under C.R.S. 13-21-102.5)
  • Emotional distress and anxiety
  • Loss of enjoyment of life
  • Loss of consortium for a spouse
  • Physical impairment and disfigurement (not capped at all under C.R.S. 13-21-102.5)

For claims accruing on or after January 1, 2025, Colorado caps non-economic damages such as pain and suffering at $1,500,000 under C.R.S. 13-21-102.5. Compensation for physical impairment or disfigurement is not capped at any amount. Pedestrian accidents involving traumatic brain injury, spinal cord damage, limb fractures requiring surgery, or permanent disfigurement frequently place substantial value in the uncapped physical impairment category. Economic damages such as medical bills, lost income, and future care are never capped, and in catastrophic pedestrian cases these figures alone can exceed the non-economic cap. When the accident takes a life, surviving family members can pursue a wrongful death claim under C.R.S. 13-21-203, which caps non-economic damages at $2,125,000 for claims accruing on or after January 1, 2025, with no cap at all when the death resulted from a felonious killing.

Fault and coverage

What if you were partly at fault for the Durango pedestrian accident?

Insurers defending Durango pedestrian accident claims lean on the word jaywalking to shift blame and reduce what they owe. Colorado's modified comparative fault rule under C.R.S. 13-21-111 is more nuanced than that label implies, and the outcome often turns on how the fault percentages are argued.

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

Colorado follows a modified comparative negligence system. As long as you are found less than 50 percent at fault, you recover, and your damages are reduced by your share. If a jury finds you 50 percent or more at fault, you recover nothing.

  • Found 0 percent at fault: you recover 100 percent of your damages.
  • Found 25 percent at fault: you recover 75 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.

On Main Avenue, where posted speeds and tourist traffic create significant speed differentials, a driver who was distracted, speeding, or turning without checking the crosswalk often carries the majority of the fault even when the pedestrian crossed outside a marked stripe. We use accident reconstruction, witness statements, and available traffic camera footage from Main Avenue and College Avenue to show what the driver saw, or should have seen, and how much time they had to stop.

Insurance coverage for Durango pedestrian accidents

  • The at-fault driver's liability policy is the primary source of compensation. Colorado requires minimum bodily injury liability coverage, but many drivers on La Plata County roads carry the minimum, which may be far less than the cost of treating serious pedestrian injuries.
  • Your own uninsured and underinsured motorist (UM/UIM) coverage applies even when you were on foot. If the at-fault driver has no insurance, inadequate limits, or flees the scene, your UM/UIM policy can provide compensation. Colorado UM/UIM claims are governed by C.R.S. 13-80-107.5 under Pham v. State Farm, 2013 CO 17.
  • If a dangerous crosswalk condition maintained by the City of Durango or CDOT contributed to your accident, a claim may exist against that public entity under the Colorado Governmental Immunity Act. Recovery from a public entity is capped at $505,000 per person and $1,421,000 per occurrence for claims accruing on or after January 1, 2026, under C.R.S. 24-10-114. The 182-day notice requirement under C.R.S. 24-10-109(1) applies to any such claim, running from the date you discover the injury.
I wish I could leave more than 5 stars!
Grace M., 5-star CGH Injury Lawyers client review

Local knowledge

Durango courts. Durango trauma care. Durango pedestrian corridors.

A La Plata County pedestrian accident claim is built on local facts: the road and crosswalk where you were struck, the hospital that treated you, and the courthouse where your case may be filed. Here is the ground we work on for every Durango pedestrian client.

Courthouse

District Court, La Plata County, 6th Judicial District

A Durango pedestrian accident lawsuit that exceeds the county-court jurisdictional limit is filed in the District Court, La Plata County, part of Colorado's 6th Judicial District, at 1060 East Second Ave, Suite 106, Durango, CO 81301. Local procedure, the jury pool drawn from La Plata County residents, and the defense firms active in the 6th District all differ from the Front Range. We handle La Plata County District Court cases directly from our Denver office and travel to Durango as the case demands. Your case is not handed off to local counsel.

Trauma Care

CommonSpirit Mercy Hospital, Level III Trauma Center

Serious pedestrian accident injuries in La Plata County are typically treated at CommonSpirit Mercy Hospital, the region's designated Level III Trauma Center in Durango. A pedestrian struck by a vehicle sustains a different injury profile than a vehicle occupant: the human body absorbs the full force of the impact without the protection of steel, airbags, or seatbelts. Emergency care after a Durango pedestrian accident frequently involves CT imaging for traumatic brain injury, spinal evaluation, orthopedic assessment of fractures, and internal trauma workup. The records generated at Mercy Hospital document the full scope of your injury and its future care needs, and they become the evidentiary backbone of every damages category in your claim.

Pedestrian Corridors

Main Avenue, College Avenue, Animas River Trail, and the Railroad Depot Area

Main Avenue through downtown carries US 550 through-traffic and has a documented history of pedestrian crashes serious enough to prompt CDOT and the City of Durango to install raised crosswalks at Camino del Rio and College Avenue. Fort Lewis College generates consistent pedestrian volume on College Avenue and the Main Avenue intersection. The Durango and Silverton Narrow Gauge Railroad depot brings tourist pedestrian traffic to the south end of downtown from May through October. The Animas River Trail multi-use path creates crossings with vehicle roadways throughout the city. Each of these locations has a distinct crosswalk and right-of-way profile that determines how fault is analyzed under C.R.S. 42-4-802.

How it works

How a Durango pedestrian accident claim works with CGH

A La Plata County pedestrian accident claim moves from a free evaluation through investigation, a demand, negotiation, and, when necessary, trial in the District Court, La Plata County. Most cases resolve before a courtroom, but we prepare every case as if it will be tried, because that preparation is what produces a fair settlement.

  1. Free case evaluation

    We review what happened on the Durango road or crosswalk where you were struck, explain your rights under C.R.S. 42-4-802 and Colorado's comparative fault law, and give you a straight answer about the claim at no cost and no obligation.

  2. Evidence preservation

    We move quickly to request traffic camera footage from Main Avenue and College Avenue intersections, identify and interview eyewitnesses, gather the La Plata County crash report, and obtain CommonSpirit Mercy Hospital records. Traffic and business camera footage on downtown Durango streets can be overwritten in as little as 30 days if not preserved with a formal request.

  3. Fault and crosswalk analysis

    We analyze exactly where you were when you were struck relative to the nearest marked or unmarked crosswalk, what signals were present, and what the driver's visibility and reaction time were. Where the City of Durango or CDOT road conditions may have contributed, we evaluate whether a government-entity claim requires the 182-day notice under C.R.S. 24-10-109(1).

  4. Full-value demand

    We calculate your damages across all categories Colorado law allows: past and future medical costs, lost income and earning capacity, non-economic losses up to the applicable cap, and the uncapped physical impairment category. The demand reflects what the case is actually worth, not a number chosen to settle quickly.

  5. Negotiation and filing suit

    Most Durango pedestrian accident cases settle during negotiation. We negotiate from trial readiness, not from eagerness to close. When an insurer refuses a fair number, we file in the District Court, La Plata County, 6th Judicial District. We handle La Plata County District Court cases directly without handing them to a referral firm.

  6. Trial

    Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates and has tried over 25 cases to verdict. When a La Plata County jury is what full recovery requires, we present your case. We are prepared to do exactly that.

Your team

The team handling your Durango pedestrian accident case

CGH Injury Lawyers is a eight-attorney Colorado firm founded in 2016, formerly Cheney Galluzzi and Howard. Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates (ABOTA) and has tried over 25 cases to verdict. Timothy G. Tarr has been recognized by Best Lawyers every year since 2023. Every La Plata County pedestrian accident case is handled by a licensed Colorado attorney, not a paralegal. The firm serves Durango and La Plata County from its only office at 2701 Lawrence St., Suite 201, Denver, CO 80205. CGH Injury Lawyers does not have a Durango office.

ABOTA member on the team Tim Tarr: Best Lawyers in America since 2023 Over 25 cases to verdict Statewide Colorado coverage Bilingual EN / ES Free consultation No fee unless we win

Frequently asked questions

Durango pedestrian accident questions, answered

How long do I have to file a pedestrian accident lawsuit after being struck in Durango?

Colorado gives you 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, including pedestrian accidents, under C.R.S. 13-80-101(1)(n). However, if a public entity such as the City of Durango or CDOT contributed to a dangerous crosswalk condition that caused or worsened your accident, you must serve a written notice of claim on that entity within 182 days of discovering the injury under C.R.S. 24-10-109(1). That government-notice deadline runs well before the general three-year period. Missing it bars your claim against the government entity entirely. Confirm your specific deadlines with an attorney as early as possible.

I was crossing outside a marked crosswalk on Main Avenue when a car hit me. Can I still recover?

Yes, in many cases. Under C.R.S. 42-4-803, a pedestrian crossing mid-block must yield to vehicles, but that duty does not eliminate the driver's independent duty to use reasonable care to avoid striking a person they saw or should have seen. Colorado's modified comparative fault rule (C.R.S. 13-21-111) allows you to recover as long as you are found less than 50 percent at fault, with your award reduced by your share. A driver who was speeding, not watching the road, or had an obstructed sight line on Main Avenue may carry the majority of fault even when you were crossing outside a crosswalk stripe. The key is showing the driver had a reasonable opportunity to stop.

Does Colorado cap what I can recover after a pedestrian accident in Durango?

Economic damages such as medical bills, lost wages, and future care costs are never capped. Non-economic damages such as pain and suffering are capped at $1,500,000 for claims accruing on or after January 1, 2025, under C.R.S. 13-21-102.5. Compensation for physical impairment or disfigurement is not capped at all under any circumstances. In serious pedestrian cases involving traumatic brain injury, spinal damage, or permanent disfigurement, the uncapped physical impairment category is often where the largest portion of a full recovery is built. Economic damages alone in catastrophic cases frequently exceed the non-economic cap.

Does CGH Injury Lawyers have an office in Durango?

No. CGH Injury Lawyers has one physical office, at 2701 Lawrence St., Suite 201, Denver, CO 80205. We serve La Plata County and Durango pedestrian accident clients from that office, file cases in the District Court, La Plata County, 6th Judicial District at 1060 East Second Ave, Suite 106, Durango, CO 81301, and travel to Durango as each case requires. We do not maintain a Durango address. You can reach us at (303) 209-9395.

Can I make a pedestrian accident claim if the driver who struck me had no insurance?

Yes. If you carry uninsured or underinsured motorist (UM/UIM) coverage on your own auto policy, that coverage applies even though you were on foot when you were struck. It can provide compensation when the at-fault driver has no insurance, insufficient limits to cover your injuries, or fled the scene as a hit-and-run. Colorado UM/UIM claims for pedestrian accidents are governed by C.R.S. 13-80-107.5 under Pham v. State Farm, 2013 CO 17. Check your policy declarations page or have an attorney review your coverage to confirm your available limits.

Could the City of Durango or CDOT be responsible if a dangerous crosswalk condition contributed to my accident?

Potentially, yes. The City of Durango and CDOT are public entities subject to the Colorado Governmental Immunity Act. If a dangerous condition such as a missing crosswalk signal, inadequate markings, or a documented safety hazard that the city or CDOT knew about and failed to correct contributed to your pedestrian accident, a claim may exist against that entity. To preserve that claim you must serve a written notice of claim within 182 days of discovering the injury under C.R.S. 24-10-109(1). Recovery from a public entity is capped at $505,000 per person and $1,421,000 per occurrence for claims accruing on or after January 1, 2026, under C.R.S. 24-10-114. The government-entity analysis is part of how we evaluate every Durango pedestrian accident claim from the start.

Durango injury pages and related practice areas

Durango

Related practice areas

Blog

IT'S MORE THAN MONEY.

You were struck while walking in Durango. We handle everything else.

Free consultation. No fee unless we win. Serving La Plata County from our Denver office. Available in English and Spanish.

Start my free Durango pedestrian case review

100% confidential. No fee unless we win.

Get My Free Case Review (303) 209-9395

CGH Injury Lawyers · Serving Durango and La Plata County from 2701 Lawrence St., Suite 201, Denver, CO 80205