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Pedestrian crossing on CO-392 in Windsor, Colorado. CGH Injury Lawyers represents people struck while walking in Windsor and the I-25 corridor from our Denver office.
Windsor, Colorado

Windsor Pedestrian Accident Lawyers Who Know the Dual-County Difference on I-25 and CO-392

Being struck on foot along CO-392, near the I-25 Exit 262 interchange, or at any Windsor crosswalk can leave you with fractures, a traumatic brain injury, or worse. Windsor is the only Northern Colorado city that sits across two counties and two judicial districts, which means which side of the county line the crash occurred on determines where your lawsuit is filed. CGH Injury Lawyers handles Windsor pedestrian accident cases from our Denver office, files in whichever court your case belongs in, and collects nothing unless we win for you.

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Serving Windsor 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 Windsor under C.R.S. 42-4-802. That duty applies at every intersection along CO-392 (Main Street), at the commercial driveways and retail developments that line it, and at the residential crossings throughout town. The absence of painted stripes is not a legal defense for a driver who fails 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 entirely. A driver's speed, distraction, or failure to yield can outweigh a pedestrian crossing mistake.
  • Windsor is the only city in this part of Northern Colorado that sits across two counties and two judicial districts. Depending on exactly where on Windsor's road network a crash occurred, the lawsuit belongs either in the Weld County District Court in Greeley (19th Judicial District) or the Larimer County District Court in Fort Collins (8th Judicial District). CGH Injury Lawyers handles cases in both courts from our Denver office, with no additional cost to Windsor clients.

Windsor has grown rapidly since its 2020 census population of 32,716, and that growth has brought more traffic, more development along CO-392 and CO-257, and more pedestrian exposure at the I-25 Exit 262 interchange. The town's position astride the Weld and Larimer county line creates a legal wrinkle that most personal injury firms outside Northern Colorado are not set up to handle cleanly: the court, the rules, and the jury pool that applies to your case depends on which side of that county line the accident occurred. CGH Injury Lawyers investigates Windsor pedestrian accident cases, establishes venue, challenges incomplete police reports, pursues every available insurance policy, and prepares every case for trial. You pay nothing unless we recover for you.

Your right of way

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

Colorado Revised Statutes 42-4-802 is the foundational statute for pedestrian protection across every road in the state, including every intersection in Windsor. It sets out exactly when a driver must stop and wait for someone on foot, and it is the basis for nearly every pedestrian liability claim filed in Weld or Larimer County.

Under C.R.S. 42-4-802, a driver approaching any crosswalk in Windsor 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 in 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 exist. There is no requirement that paint be visible on the pavement to create a legal crosswalk in Colorado.
  • Pedestrians also carry 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 a multi-lane road like CO-392, a driver in the far lane who passes a stopped vehicle without seeing the person in the crosswalk is violating C.R.S. 42-4-802 directly. That specific statutory violation makes liability clearer and harder for an insurer to dispute in either Weld or Larimer County court.

Drivers and their insurers routinely argue that a Windsor pedestrian was jaywalking, crossing against the light, or not visible. Our job is to counter those arguments with the statute, with camera footage from CO-392 intersections and I-25 corridor commercial areas, and with the physical evidence from the scene.

Where Windsor pedestrian accidents happen

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

Windsor's rapid growth as one of Colorado's fastest-growing towns has concentrated pedestrian exposure along the I-25 corridor and the town's primary surface roads. Knowing where your accident happened helps identify every responsible party, including those beyond the driver who struck you.

  1. CO-392 (Main Street) Commercial and Town-Center Corridor

    CO-392 functions as Windsor's Main Street and its primary east-west connection to the I-25 interchange. It carries the heaviest vehicle volumes through the town's commercial and town-center development, mixing retail traffic, commercial driveways, and turning movements at signalized intersections. Pedestrians crossing CO-392 at marked and unmarked intersections face the same multi-lane hazards found on any high-volume commercial arterial: drivers focused on gaps in traffic rather than people stepping off curbs, left-hook turns by vehicles yielding to oncoming traffic but missing the pedestrian already in the crosswalk, and the wave-through scenario where one lane stops but a driver in the second lane does not. Each of these patterns is a direct violation of C.R.S. 42-4-802 and a straightforward liability theory in either Weld or Larimer County.

  2. The I-25 and CO-392 Interchange (Exit 262)

    The I-25 and CO-392 interchange at Exit 262 is a CDOT-identified congestion and improvement node on Windsor's western edge. Vehicles transitioning from I-25 freeway speeds to CO-392 arterial speeds create the same merge conflicts and speed-transition hazards found at interchange approach zones across the state. Frontage roads, pedestrian crossings, and commercial developments near the interchange place people on foot in zones where drivers arriving from the highway have not yet adjusted to urban crosswalk obligations. When a pedestrian is struck in an interchange approach area, the geometry of the road itself may point toward a theory of shared liability extending beyond the driver who struck you, which changes the legal strategy and the policy universe from day one.

  3. CO-257 Through Town Center

    CO-257 runs through Windsor's town center and provides north-south connectivity within the community. Its intersections with CO-392 and local residential streets create documented crosswalk exposure where drivers treating CO-257 as a through-route often fail to register the pedestrian obligations that apply at urban intersections. A driver who has been traveling at arterial speed and turns without checking the crosswalk creates the same left-hook scenario that produces the most common and most serious pedestrian injuries across Colorado. Windsor's town-center growth has added foot traffic to CO-257 intersections without always adding the signal phases and advance pedestrian warnings that would give walkers more time to clear.

  4. US-34 Corridor Connections

    US-34 runs through the broader region as the Greeley-to-Loveland arterial corridor, passing through Windsor's service area and connecting Windsor residents to both regional centers. Where US-34 intersects local Windsor surface streets, the speed differential between regional highway traffic and local pedestrian activity creates elevated crossing risk. Drivers using US-34 as a regional route between Greeley and Loveland may not expect pedestrian crosswalk activity at the intersections where town streets meet the corridor. The Cache la Poudre River runs along Windsor's western and southern edges in this area, and the pedestrian paths near the river corridor can bring walkers into contact with US-34 traffic at challenging crossing points.

  5. Retail and Commercial Driveway Crossings

    Windsor's rapid growth has produced substantial retail development along its major corridors, generating pedestrian exposure at parking lot entrances, shared-use paths crossing commercial driveways, and mid-block connections between adjacent commercial properties. Drivers exiting parking lots and driveways along CO-392 must yield to pedestrians on the adjacent sidewalk and in the path of the vehicle under Colorado law. A driver who backs out of a parking space without checking mirrors, exits a commercial driveway at speed, or is distracted approaching a driveway crossing can strike a person on foot before the pedestrian ever enters the traveled roadway. Liability in those situations may extend to a property owner whose driveway design, lighting, or signage created a visibility obstruction that contributed to the accident.

Partly at fault?

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

Insurers almost always try to shift blame onto the pedestrian. Even when you were crossing against a light, stepping off the curb unexpectedly, or walking near a crosswalk rather than in 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 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.

The word "jaywalking" is an adjuster's first tool. It pushes your fault percentage upward without necessarily putting it above 49 percent. A driver who was speeding on CO-392, looking at a phone, or making a left turn without watching the crosswalk can still carry the majority of fault even when you were crossing outside a marked lane. We use traffic camera footage, accident reconstruction, and witness statements to challenge inflated fault assignments in both Weld and Larimer County and push back against lowball offers built on exaggerated pedestrian blame.

Compensation

What you can recover after a Windsor 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 transport to UCHealth Medical Center of the Rockies in Loveland or UCHealth Greeley 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 costs
  • 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 $1,500,000 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 Windsor 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 in Windsor takes a life, surviving family members may pursue a wrongful death claim for funeral costs, lost financial support, and loss of companionship.

Who pays

Insurance coverage for Windsor 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 critical to protecting your full recovery.

  • 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 Windsor pedestrian case, particularly on CO-392 and near the I-25 interchange where commercial vehicles may carry separate fleet policies.
  • 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 Windsor vehicle, a Weld County vehicle, a Larimer County vehicle, or a road defect on a publicly maintained road contributed to the accident, the Colorado Governmental Immunity Act applies. 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 (C.R.S. 24-10-109(1)). Missing that 182-day notice window bars the claim against the government entity entirely, regardless of how strong the underlying facts are.
  • Health insurance and any medical payments (MedPay) coverage on an auto policy can pay early medical bills at UCHealth Medical Center of the Rockies or UCHealth Greeley 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 for your Windsor pedestrian case.

After the accident

What to do after being struck on foot in Windsor

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

  1. Call 911 from the scene

    A Windsor Police Department report creates an official record of the location, the vehicle, and the driver's information. On busy corridors like CO-392 and near the I-25 interchange, arriving officers can also flag the need to preserve traffic signal footage or commercial surveillance footage before it is overwritten. Request medical response even if you believe your injuries are minor, because pedestrian strikes routinely hide internal or neurological damage that appears days later.

  2. Get evaluated at the nearest trauma facility

    Windsor has no hospital of its own. Seriously injured pedestrians are commonly transported to UCHealth Medical Center of the Rockies in Loveland, which is the region's Level I Trauma Center, or to UCHealth Greeley Hospital, a Level III facility serving northern Weld County. A Level I designation means the facility provides the most comprehensive trauma care available, including surgical services, intensive care, and specialist coverage around the clock. Traumatic brain injuries, spinal damage, and internal bleeding may not be obvious at the scene. Getting evaluated immediately protects your health and creates the medical record that connects your injuries to the accident. We coordinate records from every treating facility from day one.

  3. Document everything you can at the scene

    Photograph the vehicle, the road surface, crosswalk markings or the absence of them, traffic signals, and your visible injuries. Note exactly where the crossing occurred, whether at a CO-392 intersection, a commercial driveway, CO-257, or mid-block, and the road conditions at the time. Get the names and contact information of any witnesses before they leave. Note which direction the vehicle was traveling and whether it was turning or going straight through the crossing.

  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 Windsor pedestrian cases routinely fail to account for future medical treatment, rehabilitation costs, and long-term disability.

  5. Watch the government-entity clock

    If a Town of Windsor vehicle, a Weld County or Larimer County vehicle, or a defect on a publicly maintained road 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 the date of discovery of the injury, 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 Windsor pedestrian accident attorney

    Camera footage from CO-392 intersections and commercial areas near the I-25 interchange can be overwritten within days. The three-year filing deadline for a motor vehicle pedestrian case under C.R.S. 13-80-101(1)(n) gives you time to plan, but evidence preservation starts immediately. A free consultation with CGH Injury Lawyers costs you nothing and starts the investigation before footage disappears. We also identify from day one which county the crash occurred in so your case is filed in the right court.

Local knowledge

Windsor courts. Windsor trauma care. Windsor pedestrian corridors.

A Windsor pedestrian accident case lives in Windsor: the road where you were struck, the hospital that treated you, and the courthouse where a lawsuit is filed. Because Windsor straddles two counties, that courthouse question is more complicated here than anywhere else in Northern Colorado.

Two Courthouses: the Dual-County Venue Question

Weld County District Court (19th Judicial District, Greeley) and Larimer County District Court (8th Judicial District, Fort Collins)

Windsor is the only city in our Northern Colorado service area that sits across two county lines. Most of Windsor falls within Weld County, with a portion in Larimer County. That means a Windsor pedestrian accident lawsuit may be filed in either the Weld County District Court at 901 9th Ave., Greeley, CO 80631 (19th Judicial District), or the Larimer County District Court at 201 LaPorte Ave., Fort Collins, CO 80521 (8th Judicial District), depending on which side of the county line the crash occurred. The two courts operate under different local rules and draw from different jury pools. Weld County juries are drawn from a pool that includes Greeley and the surrounding rural communities, while Larimer County juries are drawn from the population centered on Fort Collins. CGH Injury Lawyers files cases in both courts directly from our Denver office, and we establish the correct venue as part of our initial investigation on every Windsor case. Most cases settle before trial, but knowing which court, which jury pool, and which defense firms regularly appear in that district shapes every demand we make from day one.

Trauma Care

UCHealth Medical Center of the Rockies (Level I, Loveland) and UCHealth Greeley Hospital (Level III)

Windsor has no hospital within its boundaries. After a serious pedestrian accident, injured people from Windsor are commonly transported to one of two regional facilities: UCHealth Medical Center of the Rockies in Loveland, which is Northern Colorado's Level I Trauma Center providing the most comprehensive emergency and surgical trauma care available in the region, or UCHealth Greeley Hospital in Greeley, a Level III facility that handles acute trauma and emergency care for the Weld County side of the corridor. For pedestrian accident victims, who often arrive with orthopedic fractures, head injuries, and internal trauma, those initial trauma records are the foundation of the damages claim. We work with the records and billing from every treating facility from the start of every serious Windsor pedestrian case to make sure no medical cost, past or future, is left out of the demand.

High-Risk Pedestrian Corridors

CO-392 (Main Street), I-25 Exit 262, CO-257, and US-34

CO-392, Windsor's Main Street and its primary commercial arterial, carries the highest pedestrian exposure in town through a corridor of retail developments, signalized intersections, and commercial driveways where turning-movement conflicts and multi-lane wave-through scenarios regularly produce pedestrian strikes. The I-25 and CO-392 interchange at Exit 262 on Windsor's western edge is a CDOT-flagged congestion and improvement node where vehicles transitioning from freeway speeds create heightened risk on the surface streets and frontage roads pedestrians use near the interchange. CO-257 runs through Windsor's town center and generates intersection exposure wherever local street traffic crosses. US-34, the regional east-west corridor connecting Greeley to Loveland, runs through Windsor's broader service area and creates crossing risk where town streets meet regional highway speeds. The Cache la Poudre River along Windsor's western and southern edges adds recreational pedestrian activity to the mix near the US-34 and CO-392 corridors. Together these routes account for the majority of serious pedestrian injury claims that originate in or near Windsor.

Your team

The Windsor 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 must happen quickly after the crash, and our team moves fast on all three. Every Windsor pedestrian case is handled by a licensed Colorado attorney who files and tries cases in Weld and Larimer County courts, not by a paralegal.

ABOTA member on the team Tim Tarr: Best Lawyers in America since 2023 Over 25 cases to verdict 19th and 8th 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 Windsor office. We serve Windsor pedestrian accident clients from our Denver office at 2701 Lawrence St., Suite 201, Denver, CO 80205. We come to you for meetings when needed, determine which county court applies to your case, file in Greeley or Fort Collins as the facts require, and try cases in whichever judicial district has jurisdiction. What you get is the investigation and the result, not a storefront on CO-392.

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Frequently asked questions

Windsor pedestrian accident frequently asked questions

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

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 three-year deadline applies to pedestrian crashes caused by a driver, not the shorter two-year general tort period. If a government entity such as the Town of Windsor, Weld County, Larimer County, 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 CO-392 intersections and the I-25 interchange area can disappear in days, so starting the investigation early matters even though the lawsuit deadline is years away.

Which court handles a Windsor pedestrian accident lawsuit?

Windsor straddles two counties, so the court depends on where the accident occurred. If the crash happened on the Weld County side of Windsor, the lawsuit is filed at the Weld County District Court, 901 9th Ave., Greeley, CO 80631, in Colorado's 19th Judicial District. If the crash happened on the Larimer County side of Windsor, the lawsuit goes to the Larimer County District Court, 201 LaPorte Ave., Fort Collins, CO 80521, in the 8th Judicial District. Establishing which county the crash occurred in is one of the first steps we take on every Windsor pedestrian case. CGH Injury Lawyers handles cases in both courts from our Denver office, with no additional cost to Windsor clients.

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

Your own uninsured motorist (UM) coverage can apply to pedestrian accidents even though you were not in a vehicle when you were hit. If the at-fault driver carried too little insurance to cover your damages, your underinsured motorist (UIM) coverage can fill 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 for the accident.

Does Colorado cap how much a Windsor 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 $1,500,000 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 in Windsor 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).

Can I recover if I was crossing outside a crosswalk on CO-392 in Windsor?

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 only 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 on CO-392, distracted, or had enough time and distance to stop can still carry the majority of fault. We use accident reconstruction and witness testimony to challenge the inflated fault percentages that insurers routinely assign to pedestrians in order to reduce or eliminate payouts.

Does CGH Injury Lawyers have an office in Windsor?

No. CGH Injury Lawyers does not have a Windsor office. We have one office, at 2701 Lawrence St., Suite 201, Denver, CO 80205, reachable at (303) 209-9395. We serve Windsor and the surrounding Northern Colorado corridor from that office, file cases in Weld County (Greeley) or Larimer County (Fort Collins) based on where the accident occurred, and meet you wherever is convenient. There is no additional charge for Windsor clients. We are available in English and Spanish.

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Read next: Colorado pedestrian accident law: what you need to know statewide

CGH Injury Lawyers · 2701 Lawrence St., Suite 201, Denver, CO 80205 · Serving Windsor, Weld County, and Larimer County