In 2016 in the U.S., nearly 6,000 pedestrians lost their lives by being
struck by a car. On top of that, close to 129,000 pedestrians suffered
injuries.
In many pedestrian accidents, the pedestrian has
the right to claim compensation from the driver or their insurance company to
pay for medical bills, lost wages, etc. That seems fair since the driver caused
the pedestrian potentially life-changing damage.
But is it always the driver’s fault? What about
when a driver is driving safely and defensively, and someone jumps out in front
of their car? They can’t stop their car on a dime.
Let’s look at how the law in Arvada and Westminster, Colorado treats pedestrian accidents.
Are Drivers Always at Fault for
Pedestrian Accidents?
No. Many people mistakenly believe that
drivers are always at fault in pedestrian accidents. The law recognizes,
however, that pedestrians can do something that makes it impossible for the
driver to avoid hitting them. For example, stepping out from between parked
cars only a couple feet in front of a moving vehicle.
In some cases, pedestrians can even be held
responsible for damages to the driver’s car. If the driver struck another
vehicle or damaged property trying to avoid the pedestrian, the pedestrian can
be responsible for those damages as well.
Driver’s Duty of Care
Drivers do have a responsibility called the
duty of reasonable care. Operating a vehicle is not without risks and drivers
are responsible for reducing that risk as much as possible.
Not all circumstances are the same while
driving. The duty of care refers to what a reasonable, prudent person would do
given the specific circumstances.
For example, a driver going 30-mph in a 30-mph
zone is not breaking the law. However, if the driver spots a person walking
erratically near the edge of the road, a prudent person would slow down. If
they fail to do so, they could be held liable for a resulting pedestrian
accident.
How Does the Law Assign Blame?
During a lawsuit for a pedestrian accident,
the court and jury will examine the evidence to determine fault. This includes
the testimony of the pedestrian, driver, eyewitnesses, expert witnesses, the
police report, and more.
Drivers can be held liable for reckless
driving, texting and driving or engaging in other types of distracted driving.
Pedestrians can be held liable for distractions like talking on their phone or
for crossing the street where there is no crosswalk.
Nearly half of fatal pedestrian accidents
involve alcohol for either party. About a third of pedestrians killed are
legally drunk.
Contributory Negligence
The old way of assigning blame was rather
harsh. If an injured party was found to share even a tiny bit of fault for the
accident, they could not claim compensation.
There are only five states that still follow
this rule. Thankfully, Colorado is not one of them.
Comparative Negligence
The rest of the states use the comparative
negligence rule. There are two types of comparative negligence.
The first, used by 13 states, is pure. Each
party is assigned a percentage of the blame. Any damages awarded are reduced by
the injured party’s share of the blame.
For example, let’s say the court finds that
the driver is 60% at fault and the pedestrian shares 40% of the blame. They can
claim compensation, but the amount awarded will be reduced by 40% — their share
of the blame.
The 33 remaining states (including Colorado)
use a modified version of comparative negligence. If the injured party is 50%
or more at fault for the accident, they are barred from recovery. If the
injured party is less than 50% at fault, then any award is reduced by their percentage of responsibility.
Proper Representation in Arvada
and Westminster
Don’t handle a pedestrian accident case alone.
From dealing with insurance companies to filing a lawsuit in court, an
experieced attorney can make all the difference in your case and the amount of
compensation you recover.
For this reason, you need proper
representation. A solid attorney knows how to present the case in the best
light, so the insurance company or jury assigns you as little blame as
possible.
Contact us here at Alhasoon, Glidden &
Glidden Law Firm by calling (720) 487-1050 for a free consultation today!