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Colorado Pedestrian Accident Lawyers
We represent injured pedestrians and grieving families across every Colorado county. You pay nothing unless we win your case.
No fee unless we winIf a driver struck you in a Colorado crosswalk, the law was almost certainly on your side, even if the police report or an insurance adjuster suggested otherwise.
- Every intersection in Colorado 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.
CGH Injury Lawyers represents people struck while walking across every county in Colorado, from Denver's Federal Boulevard and Colfax Avenue to quiet residential intersections. We visit accident scenes, pull traffic camera footage, and challenge incomplete police reports, with no upfront fees and a free first consultation.
Your right of way
Colorado pedestrian right-of-way law (C.R.S. 42-4-802)
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.
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
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.
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 crosswalk accident 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.
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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.
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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 Federal Boulevard and Colorado Boulevard.
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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.
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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.
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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.
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Building your case
How we prove fault in a pedestrian accident case
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.
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Traffic camera footage
Many intersections in Denver, Aurora, and Boulder have cameras that can show whether you were in the crosswalk and whether the driver ran a light. We request it immediately, since many cities keep footage only 30 to 90 days.
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Witness statements
Independent witnesses have no stake in the outcome, which makes them credible to adjusters and juries. We locate and interview them while memories are fresh.
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Accident reconstruction
When speed, visibility, or reaction time is disputed, reconstruction experts recreate the collision using physics, vehicle damage, and road conditions to show the driver had time to stop.
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Challenging the police report
An officer arriving after the fact often makes a preliminary fault call from limited information. A police report is not the final word, and we challenge an incorrect one with the evidence above.
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Injury and biomechanics analysis
The location of your injuries and the point of vehicle damage can corroborate that the driver turned into you rather than that you darted out.
Compensation
What compensation can you recover after a Colorado 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
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. No amount of money undoes what happened, but fair compensation pays for the best care and gives a family room to rebuild.
Who pays
Insurance coverage for 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.
Your team
The team handling your case
CGH Injury Lawyers is a Colorado firm founded in 2016, formerly Cheney Galluzzi & Howard. Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates. We take a hands-on approach to pedestrian cases: we visit accident scenes, pull traffic camera footage, and challenge incomplete police reports, and we prepare every case for trial so insurers take it seriously. Every case is handled by a licensed Colorado attorney, not a paralegal.
Frequently asked questions
Frequently asked questions about Colorado pedestrian accidents
Do pedestrians always have the right of way in Colorado?
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.
What if I was hit in a crosswalk?
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. 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 and build your case.
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 comparative negligence law. As long as you are found 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 violation.
Does my own car insurance cover me as a pedestrian?
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?
In most cases you have three years from the date of the accident to file a personal injury lawsuit under C.R.S. 13-80-101. If the at-fault driver is a government employee, such as a city bus driver, you may need to file a notice of claim within 182 days. Different rules can apply when the injured person is a minor. Consult an attorney as soon as possible to protect your rights.
How is fault determined in a pedestrian accident?
Fault is determined by analyzing police reports, witness statements, traffic camera footage, vehicle damage, injury patterns, and the applicable traffic laws. An attorney investigates whether the driver violated C.R.S. 42-4-802 by failing to yield, was speeding, distracted, or impaired, and whether you were crossing legally and using reasonable care.
What should I do after a pedestrian accident?
Seek medical attention first, even if you feel fine, since injuries like internal bleeding or a traumatic brain injury may not be obvious. Call 911 to report the accident and request police and medical response. If you are able, photograph the scene, the vehicle, your injuries, and any signals or crosswalk markings. Get the driver's insurance information and contacts for any witnesses, and do not give a recorded statement to any insurer before consulting an attorney.
Related injury cases we handle
Colorado's right-of-way laws apply to pedestrians and cyclists alike, and a serious pedestrian crash can lead to a catastrophic injury or wrongful death claim. These related pages explain how we help.
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