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Pedestrian crossing near McCaslin Boulevard in Superior, Colorado. CGH Injury Lawyers represents people struck while walking in Superior and Boulder County from our Denver office.
Superior, Colorado

Superior Pedestrian Accident Lawyers Who Fight for Walkers Struck on McCaslin Boulevard, US-36, and Rock Creek Crossings

Being struck on foot near McCaslin Boulevard, at a Rock Creek crossing, or along the US-36 corridor in Superior can leave you with fractures, a traumatic brain injury, or far worse. CGH Injury Lawyers represents Superior pedestrian accident victims from our Denver office, files in Boulder County when insurers refuse to be fair, and collects nothing unless we win for you.

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Serving Superior 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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  • Colorado law requires drivers to yield to pedestrians at every marked and unmarked crosswalk in Superior under C.R.S. 42-4-802. That includes the intersections along McCaslin Boulevard where Rock Creek neighborhood foot traffic meets commuter vehicles, and any intersection in Superior where sidewalks are present. The absence of painted lines does not give a driver legal cover for failing to yield.
  • Colorado's modified comparative fault rule (C.R.S. 13-21-111) means you can still recover even if you were partly at fault. As long as you were less than 50 percent responsible, your award is reduced by your share of fault rather than eliminated. A driver's speed, distraction, or failure to yield still counts against them even when you were crossing outside a painted crosswalk.
  • A Superior pedestrian accident lawsuit is filed at the Boulder County District Court, 1777 Sixth St., Boulder, CO 80302, in the 20th Judicial District. CGH Injury Lawyers does not have a Superior office. We serve Superior from our Denver office and file Boulder County pedestrian cases directly, with no added cost to Superior clients.

Superior is a Boulder County community of approximately 13,896 people situated at the intersection of the US-36 corridor and McCaslin Boulevard, a layout that puts both highway-speed commuter traffic and busy arterial crossings within blocks of the Rock Creek residential neighborhoods. When a driver strikes a person walking in Superior, the physical harm is severe and the legal questions are often more complex than they first appear. CGH Injury Lawyers investigates Superior pedestrian accident cases, challenges incomplete police reports, pursues every available insurance policy, and prepares every case for trial in Boulder County. You pay nothing unless we recover for you.

Your right of way

Colorado pedestrian right-of-way law and how it applies in Superior (C.R.S. 42-4-802)

Colorado Revised Statutes 42-4-802 is the foundational statute for pedestrian protection on every road in the state, including every intersection in Superior. It sets out exactly when a driver must stop and wait for someone on foot, and it is the core of nearly every pedestrian liability claim.

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

  • The yielding duty applies at painted crosswalks, signal-controlled crossings, and at unmarked crosswalks at intersections where sidewalks are present. There is no requirement that paint be on the pavement for a crosswalk to be legally protected.
  • Pedestrians also have duties under C.R.S. 42-4-803: a person crossing mid-block must yield to vehicles, and traffic signals control the crossing when present at an intersection. Even a pedestrian who violates one of these rules does not automatically lose the right to compensation if the driver was also negligent.
  • On McCaslin Boulevard, where multiple lanes of traffic flow and turning movements are frequent near the US-36 interchange, a driver in the far lane who passes a stopped car without checking for a pedestrian is violating C.R.S. 42-4-802. That specific statutory violation makes liability clearer and harder for an insurer to dispute.

Drivers and their insurers routinely argue that a Superior pedestrian was jaywalking, crossing against the light, or not visible. Our job is to counter those arguments with the statute, with camera footage from the McCaslin corridor, and with the physical evidence from the scene.

Where Superior pedestrian accidents happen

The Superior roads and crossings behind the most serious pedestrian injury claims

Pedestrian accidents in Superior concentrate on corridors where vehicle speeds are high, turning movements are frequent, and foot traffic intersects commuter routes. Knowing where your accident happened helps identify every responsible party beyond the driver who struck you.

  1. McCaslin Boulevard Intersection and Multi-Lane Crossing Hazards

    McCaslin Boulevard is the principal north-south arterial through Superior, connecting the Rock Creek residential neighborhoods to US-36 to the south and to Louisville to the north. As the main road serving thousands of Rock Creek residents, McCaslin carries concentrated stop-and-go traffic at key morning and evening hours, with pedestrians and cyclists crossing at signalized intersections and in areas adjacent to the Rock Creek Community Park and trailhead. The multi-lane design creates the classic wave-through hazard: a driver in the first lane stops for a pedestrian in the crosswalk, but a driver in the second lane that has not yet stopped strikes the crossing person. Colorado law under C.R.S. 42-4-802 bars passing a vehicle that has stopped at a crosswalk, making the second-lane driver at fault. Left-turn movements at McCaslin intersections, where a turning driver yields to oncoming vehicles but fails to watch the crosswalk, are also a documented pattern in suburban arterial corridors like this one.

  2. US-36 Corridor Approaches and Interchange Pedestrian Exposure

    US Highway 36 passes directly through Superior and carries high-speed, high-volume commuter traffic on the Denver-Boulder corridor. Near the McCaslin Boulevard interchange, vehicles accelerate, decelerate, and change lanes in patterns that create serious exposure for anyone on foot attempting to cross approach roads or access the surrounding area. While US-36 itself is a limited-access highway, the roads that feed its interchanges are public streets where pedestrian crossings are legally protected under C.R.S. 42-4-802. Crash severity on these approach roads is elevated because vehicles carry highway momentum into intersections where pedestrians may be present.

  3. Rock Creek Road and Neighborhood Trail Crossing Points

    The Rock Creek corridor in Superior feeds the community's interior neighborhoods and connects residents to parks, open space, and commercial areas. The Rock Creek Community Park and trail network draw pedestrian and cycling traffic year-round, and the crossings between trail access points and the street grid create exposure where drivers may not expect people on foot. Post-Marshall Fire rebuilding has also added active construction zones along Rock Creek Road and near rebuild sites, producing temporary lane configurations, pedestrian detours, and new crossing patterns. When a pedestrian is struck in a construction-zone detour that was improperly marked, the contractor or public entity responsible for the traffic control plan may share liability alongside the driver.

  4. Unmarked and Uncontrolled Crossings in Residential Superior

    Throughout Superior's residential streets, intersections exist where sidewalks are present but no painted crosswalk lines mark the pavement. Insurance adjusters often tell pedestrians struck at these locations that they were jaywalking or crossing illegally. That is wrong. Under Colorado law, every intersection where two roadways meet and sidewalks exist creates a legal crosswalk, whether it is painted or not. A driver who fails to yield at one of Superior's residential intersections violated C.R.S. 42-4-802 even if the crossing had no visible markings.

  5. Winter and Weather-Related Pedestrian Hazards on Superior Roads

    Superior's location at the edge of the Colorado Front Range means winter conditions arrive with little warning. Ice and snow on McCaslin Boulevard and the streets feeding Rock Creek reduce driver stopping distances and visibility at exactly the moment pedestrians may be crossing to reach cleared paths. A driver who failed to reduce speed for icy conditions carries additional fault beyond the basic failure to yield. When a government entity maintained or failed to maintain a road or sidewalk where the crash occurred, a separate claim against that entity may be possible, but it requires a written notice of claim served within 182 days of discovering the injury under C.R.S. 24-10-109(1).

Partly at fault?

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

Insurers almost always try to shift blame onto the pedestrian. Even when you were crossing against a light, stepping off the curb suddenly, or walking near a crosswalk rather than on one, you may still be owed significant compensation under Colorado law.

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

Colorado follows a modified comparative negligence system. If you are less than 50 percent at fault, you recover, but your award is reduced by your share. If you are found 50 percent or more at fault, you recover nothing.

  • Found 0 percent at fault: you recover 100 percent of your damages.
  • Found 30 percent at fault: you recover 70 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.

The word "jaywalking" is an adjuster's tool. It pushes your fault percentage upward without necessarily putting you above 49 percent. A driver who was speeding on McCaslin Boulevard, looking at a phone, or turning without watching the crosswalk can still carry the majority of fault even when you were crossing outside a marked line. We use traffic camera footage, accident reconstruction, and witness statements to challenge inflated fault assignments in Boulder County.

Compensation

What you can recover after a Superior pedestrian accident

When a vehicle strikes a person on foot, the injuries are often catastrophic. Colorado law lets injured pedestrians recover the full documented financial loss and the human cost of a serious injury across two main categories of damages.

Economic damages (no cap)

  • Emergency care and hospitalization at Foothills Hospital in Boulder or Longmont United Hospital
  • All future medical treatment, surgeries, and rehabilitation
  • Lost wages from the time you could not work during recovery
  • Lost earning capacity when the injury changes what you can do for work long-term
  • Assistive devices, home modifications, and long-term care expenses
  • Out-of-pocket costs tied directly to the accident and recovery

Non-economic and other damages

  • Pain and suffering during treatment and the long recovery that follows a pedestrian strike
  • Emotional distress, PTSD, and anxiety caused by the accident
  • Loss of enjoyment of life when injuries limit activities you valued before the crash
  • Disfigurement and scarring, which are uncapped under Colorado law
  • Compensation for physical impairment, which is also uncapped and often the highest-value category in serious pedestrian cases
  • Loss of consortium for a spouse affected by the injury

For claims accruing on or after January 1, 2025, Colorado caps non-economic damages such as pain and suffering at $1.5 million under C.R.S. 13-21-102.5. Economic damages, including every medical bill and every dollar of lost income, are never capped. Compensation for physical impairment and disfigurement carries no cap at all, which means that in a serious Superior pedestrian case involving broken bones, spinal injury, or permanent disability, those uncapped categories can represent the largest portion of the claim. When a pedestrian accident takes a life, surviving family members may pursue a wrongful death claim. For wrongful death claims accruing on or after January 1, 2025, Colorado caps non-economic damages at $2,125,000 under C.R.S. 13-21-203(1)(a).

Who pays

Insurance coverage for Superior pedestrian accident victims

Pedestrian accident victims are often surprised that more than one insurance policy may cover their injuries. Understanding the sources of coverage before you talk to any adjuster is essential.

  • The at-fault driver's liability policy is the primary source. Colorado's minimum bodily injury liability requirement is $25,000 per person, but many drivers carry higher limits and some carry commercial policies. Identifying the full policy stack is one of the first things we do on every Superior pedestrian case.
  • Your own auto policy may cover you even though you were on foot. Uninsured and underinsured motorist (UM/UIM) coverage applies to pedestrians in Colorado. It provides 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.
  • When a Town of Superior vehicle, a CDOT maintenance truck, or a road or construction-zone defect contributed to the accident, the Colorado Governmental Immunity Act becomes relevant. For claims accruing on or after January 1, 2026, CGIA caps recovery from a public entity at $505,000 per person and $1,421,000 per occurrence (C.R.S. 24-10-114). A written notice of claim must be served within 182 days of discovering the injury under C.R.S. 24-10-109(1). The clock runs from the date you discovered the injury, not from the date of the crash. Missing that 182-day window bars the claim against the government entity entirely.
  • Health insurance and any medical payments (MedPay) coverage on an auto policy can pay early medical bills at Foothills Hospital or Longmont United Hospital. Health insurers typically hold subrogation rights, and we negotiate those liens so you keep more of your recovery.

Insurance companies, including your own, act in their financial interest first. Do not give a recorded statement, sign a medical authorization, or accept any settlement offer before speaking with an attorney who can evaluate every policy in play.

After the accident

What to do after being struck on foot in Superior

The decisions made in the minutes and hours after a pedestrian accident in Superior shape what evidence is preserved and what compensation you can ultimately recover. These steps protect your health and your legal rights.

  1. Call 911 from the scene

    A police report creates an official record of the location, the vehicle, and the driver's information. On busy corridors like McCaslin Boulevard, officers at the scene can also help preserve any traffic signal or camera footage before it is overwritten. Request medical response even if you believe your injuries are minor, because pedestrian strikes often hide internal or neurological damage that appears days later.

  2. Get evaluated at the nearest full-service hospital

    Superior does not have its own acute-care hospital. Foothills Hospital in Boulder is approximately eight miles from central Superior and is typically the nearest full-service facility for Superior crash and injury victims. Longmont United Hospital is approximately 14 miles away and provides additional care for Boulder County residents. Traumatic brain injuries, spinal damage, and internal bleeding may not be obvious at the scene. Getting examined immediately protects your health and creates the medical record that connects your injuries to the accident. We coordinate records from every treating facility.

  3. Document everything you can at the scene

    Photograph the vehicle, the road, crosswalk markings or the absence of them, traffic signals, and your visible injuries. Note exactly where the crossing occurred, whether it was at an intersection or mid-block, and the road conditions. Get the names and contact information of any witnesses before they leave. On McCaslin Boulevard, nearby businesses or traffic cameras may have captured the accident from an angle that shows whether the driver yielded.

  4. Do not give a recorded statement to any insurer

    The at-fault driver's insurer will likely call within days. They are not on your side. Do not agree to a recorded statement, accept a fast offer, or sign any release before you have spoken with a pedestrian accident attorney. Early settlements on pedestrian cases routinely fail to account for future medical treatment and permanent disability.

  5. Watch the government-entity clock

    If a Town of Superior vehicle, CDOT truck, or road or construction-zone defect caused or contributed to the accident, a written notice of claim must be served within 182 days of discovering the injury under C.R.S. 24-10-109(1). That clock runs from discovery, not from the date of the accident. Missing it bars the claim against the government entity entirely, no matter how strong the other facts are.

  6. Contact a Superior pedestrian accident attorney

    Camera footage from McCaslin Boulevard intersections and the Rock Creek area can be overwritten within days. The three-year filing deadline for a motor vehicle case under C.R.S. 13-80-101(1)(n) gives you time to plan, but evidence preservation starts now. A free consultation with CGH Injury Lawyers costs you nothing and starts the investigation.

Local knowledge

Superior courts. Superior trauma care. Superior pedestrian corridors.

A Superior pedestrian accident case lives in Superior: the road where you were struck, the hospital that treated you, and the courthouse where a lawsuit is filed. Here is the local ground we work on for every Boulder County pedestrian client from Superior.

Courthouse

Boulder County District Court (20th Judicial District)

A Superior pedestrian accident lawsuit above the county-court jurisdictional limit is filed at the Boulder County District Court, 1777 Sixth St., Boulder, CO 80302, in Colorado's 20th Judicial District. The 20th District handles civil personal-injury claims for all of Boulder County. Superior sits entirely within Boulder County, so every Superior pedestrian case that goes to litigation lands in this court. A jury drawn from Boulder County will include people who know McCaslin Boulevard, Rock Creek, and the US-36 corridor. CGH Injury Lawyers files and tries 20th Judicial District pedestrian cases directly from our Denver office at no additional cost to Superior clients.

Trauma Care

Foothills Hospital (Boulder) and Longmont United Hospital

Superior does not have its own acute-care hospital. Foothills Hospital in Boulder is approximately eight miles from central Superior and is typically the nearest full-service facility for Superior pedestrian accident victims. Longmont United Hospital is approximately 14 miles away and provides additional care for Boulder County residents. For pedestrian accident victims, who often arrive with orthopedic fractures, head injuries, and internal trauma, those initial records from Foothills or Longmont United are the foundation of the damages claim. We work with records and billing from both hospitals from day one of every Superior pedestrian case. When injuries require a higher level of trauma care, patients may be transferred to Level I or Level II facilities in Denver or Aurora, and we coordinate records from every treating location.

High-Risk Pedestrian Corridors

McCaslin Boulevard, US-36 Interchange Approaches, and Rock Creek Road

McCaslin Boulevard is the primary north-south arterial through Superior. Its multi-lane design, frequent turning movements near the US-36 interchange, and concentrated foot traffic from Rock Creek neighborhood residents and park users make it the corridor where pedestrian-vehicle conflicts in Superior are most likely to occur. The approaches and frontage roads near the US-36 and McCaslin interchange carry highway-speed vehicle movements where pedestrian exposure is elevated and driver attention is often focused on merging traffic rather than crosswalks. Rock Creek Road and the trails connecting Superior's neighborhoods to the Rock Creek Community Park draw consistent pedestrian and cycling traffic, with crossings where driver speeds and sight lines vary throughout the day. Post-Marshall Fire rebuilding activity along these corridors has added temporary traffic patterns that further complicate pedestrian safety on Superior streets.

Your team

The Superior pedestrian accident team behind your 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. Pedestrian accident cases require scene investigation, camera footage preservation, and reconstruction analysis that happen quickly after the crash, and our team moves fast on all three. Every Superior pedestrian case is handled by a licensed Colorado attorney who files and tries cases in the 20th Judicial District, not by a paralegal.

ABOTA member on the team Tim Tarr: Best Lawyers in America since 2023 Over 25 cases to verdict 20th Judicial District experience Bilingual EN / ES Free consultation No fee unless we win

One thing we will tell you upfront: CGH Injury Lawyers does not have a Superior office. We serve Superior pedestrian accident clients from our Denver office at 2701 Lawrence St., Suite 201, Denver, CO 80205. We come to you for meetings when needed, file at the Boulder County District Court in Boulder, and try cases in the 20th Judicial District. What you get is the investigation and the result, not a storefront on McCaslin Boulevard.

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Frequently asked questions

Superior pedestrian accident frequently asked questions

How long do I have to file a pedestrian accident lawsuit in Superior?

Colorado gives you three years from the date of the accident to file a lawsuit when a motor vehicle struck you while you were on foot (C.R.S. 13-80-101(1)(n)). That deadline runs from the day of the collision. If a government entity such as the Town of Superior or CDOT contributed to the accident through a vehicle or a road defect, you must also serve a written notice of claim within 182 days of discovering the injury under C.R.S. 24-10-109(1), or the claim against that entity is barred entirely. Camera footage from the McCaslin Boulevard corridor can disappear within days, so starting the investigation early matters even though you have time to file the lawsuit.

What if the driver who struck me in Superior had no insurance?

Your own uninsured motorist (UM) coverage can apply to pedestrian accidents in Colorado even though you were not in a vehicle when you were struck. If the driver had too little insurance to cover your damages, your underinsured motorist (UIM) coverage fills the gap. Colorado UM/UIM claims are governed by C.R.S. 13-80-107.5 under Pham v. State Farm, 2013 CO 17. We also investigate whether the driver has personal assets beyond any policy in play and whether any third party, such as a vehicle owner or employer, shares responsibility.

Can I recover if I was crossing outside a crosswalk on McCaslin Boulevard or Rock Creek Road?

Yes, in many cases. Colorado's modified comparative fault rule under C.R.S. 13-21-111 lets you recover as long as you were less than 50 percent at fault, and your award is reduced by your share of responsibility. Mid-block crossings under C.R.S. 42-4-803 do place a duty to yield on the pedestrian, but a driver who was speeding, distracted, impaired, or had time and distance to stop can still carry the majority of fault. We use accident reconstruction and witness testimony to challenge inflated fault percentages that insurers assign to pedestrians in order to reduce payouts.

Does Colorado cap how much a Superior pedestrian accident victim can recover?

Economic damages such as medical bills, lost wages, and future care costs are never capped in Colorado. Non-economic damages such as pain and suffering are capped at $1.5 million for claims accruing on or after January 1, 2025 (C.R.S. 13-21-102.5). Compensation for physical impairment and disfigurement carries no cap at all, which is why serious pedestrian cases involving permanent disability or scarring often build their core claim value in those uncapped categories. If a government entity is involved, the Colorado Governmental Immunity Act separately caps recovery at $505,000 per person and $1,421,000 per occurrence for claims accruing on or after January 1, 2026 (C.R.S. 24-10-114).

Where would my Superior pedestrian accident lawsuit be filed?

A Superior pedestrian accident case above the county-court jurisdictional limit is filed in the 20th Judicial District at the Boulder County District Court, 1777 Sixth St., Boulder, CO 80302. Superior sits entirely within Boulder County, so every Superior case lands in this court. Most cases settle before a lawsuit is filed, but where a case would go affects the jury pool and the defense firms you face. CGH Injury Lawyers files and tries 20th Judicial District cases directly from our Denver office at no additional cost to Superior clients.

Does CGH Injury Lawyers have an office in Superior?

No. CGH Injury Lawyers has one office, at 2701 Lawrence St., Suite 201, Denver, CO 80205, (303) 209-9395. CGH Injury Lawyers does not have a Superior office. We serve Superior and Boulder County pedestrian accident clients from our Denver office, file cases at the Boulder County District Court in Boulder, and meet you wherever is convenient, including at your home in Superior. There is no additional charge for Superior clients. We are available in English and Spanish.

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