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Have you ever stepped into a crosswalk and wondered how quickly everything could change? What happens in those first few moments when a driver isn’t paying attention? What to do after a pedestrian accident? The simplest answer is this: act quickly to protect your health, your rights, and your ability to recover financially.
The minutes after a crash can feel chaotic, but knowing the basic steps—getting medical care, documenting the scene, and avoiding statements that could be twisted against you—can make a real difference. At Dormer Harpring, we guide injured pedestrians through these decisions every day, helping them regain stability and move forward with clarity and support.
Table of Contents
A pedestrian accident happens when a person on foot—or using a wheelchair or mobility device—is struck by a motor vehicle, creating a dangerous situation where the pedestrian has little physical protection. Defined by the Colorado Revised Statutes as any person afoot or using a wheelchair, pedestrians move through public spaces constantly: walking to school, heading to work, traveling to a bus stop, or simply navigating daily errands. According to the National Highway Traffic Safety Administration (NHTSA), everyone on the road shares responsibility for pedestrian safety because people walk as part of everyday life. NHTSA reports that in 2023, a pedestrian was killed every 72 minutes in a traffic crash, underscoring how quickly an ordinary walk can turn dangerous.
Pedestrian collisions can occur in crosswalks, intersections, parking lots, and driveways, often without warning. Because pedestrians have no external protection, even crashes at low speeds can cause major harm. That imbalance is one reason Colorado law gives pedestrians clear rights and protections, especially inside crosswalks and intersections.
Colorado has clear rules about when pedestrians have the right-of-way. Under CRS §42-4-802, drivers must yield when no traffic control signal is operating. That means slowing down or stopping to allow a pedestrian to cross within a crosswalk on the roadway the vehicle is traveling on, or approaching so closely that failure to stop would endanger them.
In simpler terms, if a pedestrian is already in the crosswalk or is close enough to be in harm’s way, the driver must yield. The law recognizes that cars and trucks have far more power and potential for harm, so the duty falls heavily on drivers to prevent collisions.
Still, right-of-way laws can be misunderstood or ignored. Insurance adjusters sometimes try to argue that the pedestrian “came out of nowhere” or was “not paying attention.” We regularly push back against these claims by reviewing video footage, retrieving crash reports, and applying Colorado’s pedestrian rules to the facts of the case.
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Determining liability means identifying who is legally responsible for the crash. In pedestrian accidents, the at-fault party is often the driver, but other contributing factors may exist. Colorado uses a modified comparative negligence system. Under this rule, you can recover compensation as long as you are not more than 50% responsible for the accident. If you are found partially responsible, your compensation can be reduced proportionally.
Insurance companies frequently try to use this system to shift blame. We often see claims like:
However, none of these automatically bars a claim. Colorado law is more protective than many people realize. Even pedestrians outside a crosswalk may recover compensation if the driver was speeding, distracted, or violating a traffic rule.
Liability may fall on:
Each collision is unique. That’s why we investigate thoroughly—photographs, witness interviews, traffic cam footage, and vehicle data often reveal information missing from initial reports.
Pedestrian incidents rarely stem from a single factor. More often, they occur because a driver made a preventable decision. Common causes include:
Colorado’s growing population and increased foot traffic in Denver, Aurora, and other cities have amplified these risks. As more neighborhoods become walkable, pedestrians remain vulnerable to drivers who fail to adjust their habits.
Because pedestrians absorb the full force of the impact, the injuries can range from moderate to catastrophic. We frequently represent clients suffering from:
Even seemingly mild injuries can worsen with time. Insurance companies often attempt to settle early before the full scope of the injury is known. We encourage clients to complete thorough medical evaluations before making any decisions.
What to do after a pedestrian accident? The answer matters more than most people realize, because the steps you take in the minutes and hours after a crash can influence both your medical recovery and your ability to pursue a claim. The moment is often overwhelming, but acting quickly—seeking medical care, documenting what you can, and protecting your legal rights—helps create a clear foundation for what comes next.
Always call emergency services. A police report becomes critical evidence later. Officers document the scene, interview drivers and witnesses, and record key details that support your claim.
Even if you feel “mostly fine,” adrenaline can hide symptoms. A medical evaluation helps detect internal injuries and establishes the link between the crash and your physical harm.
If you are able, take photos or videos of:
If you cannot gather evidence due to injuries, we can obtain it during our investigation.
Get the driver’s:
If the driver flees, report everything you remember. Colorado allows claims through uninsured motorist coverage in hit-and-run cases.
Speaking with a pedestrian accident lawyer early can protect your rights. We help preserve evidence, handle communication with insurers, and determine all potential sources of recovery. This step is especially important since pedestrian cases often involve severe injuries and complex fault arguments.
When you’ve been hit while walking, your recovery deserves personalized attention. At Dormer Harpring, we take a low-volume approach to keep our focus on each client. Our team investigates thoroughly, pushes back against unfair insurance tactics, and fights for full compensation—not just what insurers want to offer.
Your future matters, and you shouldn’t have to navigate this process alone. To speak with a pedestrian accident lawyer who understands Colorado law and prioritizes your well-being, call us at (303) 747-4404. We’re here to help you move forward.
Denver Personal Injury Attorney
Fighting for Justice, Winning Against the Odds
Sean Dormer has built his career on standing up to powerful corporations and insurance companies to get justice for the injured. With a relentless trial-focused approach, he has secured multi-million-dollar verdicts and settlements for clients who were turned away by other firms. His expertise has led him to speak at statewide legal conferences and advocate for fairer personal injury laws in Colorado.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney, K.C. Harpring, a Denver personal injury attorney with extensive legal expertise.
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