Pedestrian accidents can lead to severe injuries–if you’ve been involved in one, it’s critical to understand how Colorado’s right-of-way laws can impact your pedestrian injury case. These laws define the rights and responsibilities of both pedestrians and drivers, and they play a crucial role in determining fault and liability in accidents.
Whether you were hit while crossing the street, jaywalking, or walking along the side of the road, the specifics of your case will often depend on how well you and the driver followed the rules of the road and will ultimately be decided based on the reasonable person standard. This article will explore the pedestrian laws in Colorado, including ‘right on red’ laws, yielding, and how common unsafe pedestrian practices might affect your claim.
Understanding Right-of-Way Laws in Colorado
Right-of-way laws determine when pedestrians or vehicles have the legal right to proceed in traffic situations. In Colorado, these laws are designed to protect pedestrians and reduce accidents. However, right-of-way violations can significantly influence who is found at fault in a pedestrian accident lawsuit.
Right-of-Way at Crosswalks
In Colorado, pedestrians generally have the right-of-way at marked and unmarked crosswalks. Drivers must yield to pedestrians crossing the street if they are already in the crosswalk or if they are close enough to present a danger. This also applies to intersections, regardless of whether there are traffic lights.
- Marked crosswalks: These are often located at intersections with traffic lights or stop signs but can also be in the middle of a block. Pedestrians typically have the right-of-way in these situations, and drivers must yield.
- Unmarked crosswalks: These are crossings where roads intersect, but there are no painted lines. Pedestrians still have the right-of-way here, and drivers must yield as long as the pedestrian is crossing safely.
If a pedestrian is hit by a car while using a crosswalk, a crosswalk accident lawyer can help determine whether the driver failed to yield to the right-of-way and can file a claim on behalf of the injured pedestrian.
Right on Red Laws
Colorado’s right on red law allows drivers to turn right at a red light after stopping, but they must yield to any pedestrians crossing the street. If a pedestrian is already in the crosswalk when the driver makes the turn, the driver is legally required to stop and wait until the pedestrian has crossed safely.
In cases where a pedestrian is hit by a driver turning right on red, the failure to yield could place liability on the driver. An experienced lawyer can help establish this fault and work to secure compensation for the injured party.
Jaywalking and Liability
Jaywalking—crossing the street outside of a marked or unmarked crosswalk—is a common issue in pedestrian accidents. Colorado law requires pedestrians to yield to vehicles when crossing outside of designated crosswalks. If a pedestrian is hit while jaywalking, determining fault can be more complex.
In cases where jaywalking is involved, the pedestrian may be found partially or entirely at fault, depending on the circumstances. Colorado follows a modified comparative fault rule, which means that if the pedestrian is found to be more than 50% responsible for the accident, they may be barred from recovering any compensation. However, if they are less than 50% at fault, they may still be able to recover damages, though the amount would be reduced by their percentage of fault.
For example, in a jaywalking accident, the question of who’s at fault depends on whether the driver had an opportunity to avoid hitting the pedestrian and whether the pedestrian followed any other applicable traffic laws, such as crossing against the light.
Common Unsafe Pedestrian Practices and How They Affect Liability
Pedestrian safety doesn’t just depend on drivers but also on pedestrians themselves. Certain unsafe practices can lead to accidents or contribute to the pedestrian being found partially at fault. These actions may include:
- Texting while walking: Distracted walking is increasingly common, with pedestrians paying more attention to their phones than their surroundings. If a pedestrian was texting or otherwise distracted when the accident occurred, it may impact their ability to recover damages in a pedestrian accident lawsuit.
- Not looking before crossing the street: Failing to check for oncoming traffic or stepping out into the street without looking could result in a pedestrian being found at least partially responsible for an accident.
- Ignoring traffic signals or signs: Crossing against a signal or disregarding signage that directs pedestrian movement can shift some liability onto the pedestrian.
- Walking outside of crosswalks (jaywalking): As discussed, jaywalking can reduce a pedestrian’s chances of recovering damages, especially if they violate Colorado’s pedestrian right-of-way laws.
Even if a pedestrian engaged in some of these unsafe practices, a skilled lawyer can help assess the situation and argue for a fair evaluation of liability, depending on the specific facts of the case.
How Pedestrian Right-of-Way Laws Affect Your Personal Injury Case
Understanding pedestrian laws in Colorado is key to determining liability in a pedestrian accident lawsuit. If a driver violates a right-of-way law—such as failing to yield to a pedestrian in a crosswalk—the driver may be held fully responsible for the accident. On the other hand, if the pedestrian engages in risky behaviors like jaywalking or crossing without looking, this could reduce or eliminate their ability to recover compensation.
It’s important to consult with a crosswalk accident lawyer to understand how the specifics of your case align with Colorado’s right-of-way laws. If you were involved in an accident where there is a shared fault between you and the driver, you could still potentially recover compensation for your injuries, even if you were partially responsible.
Seeking Legal Help for Your Pedestrian Accident
If you’ve been injured in a pedestrian accident, understanding Colorado’s right-of-way laws is just the beginning. To ensure that you receive the compensation you deserve, it’s essential to work with an experienced attorney who understands the complexities of pedestrian accident lawsuits.
Legal Help in Colorado represents pedestrians who have been injured by negligent drivers. Whether your accident involved a crosswalk violation, a right on red error, or jaywalking, our team will fight to ensure that your rights are protected and you receive the compensation you’re entitled to. If you or a loved one has been injured in a pedestrian accident, request a free consultation today. We’ll review your case, help you understand your legal options, and work tirelessly to hold the responsible parties accountable.
