When a pedestrian is injured in a collision, it may seem obvious that the driver should be responsible. However, some accidents involve disputes about whether the pedestrian also contributed to what happened. A driver or insurance company may argue that the pedestrian was distracted, crossed outside a designated area, ignored a traffic signal, or otherwise contributed to the accident.
In Colorado, these situations can involve comparative negligence, a legal principle that can affect how much compensation an injured pedestrian may recover.
Understanding Colorado comparative negligence rules can help you better understand what may happen if both the driver and pedestrian are accused of contributing to an accident. If fault is disputed, consulting a pedestrian accident lawyer can also help you understand your rights and potential options.
What Is Comparative Negligence?
Comparative negligence is a legal principle used when more than one party may have contributed to an accident or injury. Instead of automatically preventing an injured person from recovering compensation because they were partially at fault, the law can reduce the person’s recovery based on their assigned share of responsibility.
For example, suppose a pedestrian suffers $100,000 in damages but is determined to be 20% responsible for the accident. If the claim remains legally recoverable, the pedestrian’s compensation could be reduced according to that percentage. The exact outcome depends on the facts of the case and the applicable Colorado law.
How Does Colorado Comparative Negligence Work?
Colorado follows a modified comparative negligence approach. Under Colorado law, a claimant generally cannot recover damages if their degree of fault is equal to or greater than the combined fault of all other parties. If the claimant’s fault is less than the combined fault of the other parties, the damages awarded are reduced in proportion to the claimant’s percentage of fault. This means that determining the percentage of fault can be extremely important in a pedestrian accident claim.
For instance, imagine that a pedestrian’s total damages are $80,000 and the pedestrian is found to be 20% responsible for the accident. If the claim remains recoverable, the damages could be reduced by 20%, resulting in a potential recovery of $64,000. However, if the pedestrian were found to be 50% responsible while the other parties collectively accounted for 50%, the comparative negligence rule could prevent recovery under Colorado law.
Why Is Fault Important in a Pedestrian Accident Claim?
Fault can directly affect the amount of compensation an injured pedestrian may receive. Insurance companies therefore have an incentive to examine the circumstances of an accident and determine whether they can attribute some responsibility to the pedestrian.
Common questions may include:
Did the pedestrian have the right of way?
Was the pedestrian crossing at a marked or unmarked location?
Was a traffic signal or pedestrian signal being followed?
Was the driver speeding, distracted, or impaired?
Were visibility or weather conditions factors?
Did either party fail to take reasonable precautions?
The answers to these questions can influence how responsibility is assigned.
Common Arguments Used to Blame Pedestrians
After an accident, an insurance company or opposing party may attempt to argue that the pedestrian contributed to the collision. One common argument is that the pedestrian crossed outside a designated crosswalk. Another may involve allegations that the pedestrian was distracted by a phone or failed to follow a traffic signal.
Other arguments may focus on visibility, clothing, road conditions, or whether the pedestrian entered the roadway unexpectedly. Being accused of negligence does not automatically establish that the pedestrian was responsible for the accident. The evidence must be evaluated in context, including the driver’s conduct and the circumstances surrounding the collision.
How Driver Negligence Can Affect the Case
Pedestrian accidents frequently involve allegations of driver negligence. A driver may have been speeding, distracted, fatigued, impaired, or otherwise failed to operate the vehicle safely. Evidence such as traffic-camera footage, surveillance video, photographs, accident reports, witness statements, vehicle data, and other records may help establish what happened. A pedestrian accident lawyer can investigate the collision and evaluate evidence that may demonstrate whether the driver’s conduct was the primary cause of the accident.
What Evidence Can Help Establish Fault?
Evidence can play a significant role when liability is disputed. Important evidence may include the police or accident report, photographs of the accident scene, traffic signals, road conditions, vehicle damage, and visible injuries. Witness statements can also provide valuable information about what happened immediately before and during the collision.
In some cases, surveillance footage or traffic-camera recordings may capture the accident or events leading up to it. Because some recordings may only be retained for a limited period, preserving potentially relevant evidence as soon as possible can be important. Medical records can also help establish the nature and extent of the injuries resulting from the collision.
Can You Still Recover Compensation If You Were Partially at Fault?
Potentially, yes. Colorado’s modified comparative negligence rules do not automatically bar every injured person who bears some responsibility for an accident. If the injured pedestrian’s percentage of fault remains below the applicable threshold, their damages may be reduced according to their share of responsibility.
For example, if a pedestrian is awarded $50,000 in damages but is found to be 10% at fault, the recoverable amount could be reduced to $45,000. Because fault percentages can significantly affect the value of a claim, it is important not to assume that being partially blamed means you have no legal options.
How Insurance Companies Handle Comparative Negligence
Insurance companies investigate claims to determine liability and the amount they may be required to pay. During this process, an insurer may ask questions about how the accident happened and may attempt to assign some fault to the pedestrian.
An insurer’s determination is not necessarily the final word on legal responsibility. If you disagree with the insurer’s assessment, you may have options for challenging the proposed allocation of fault. Before accepting a settlement, consider whether it adequately accounts for your medical expenses, lost income, pain and suffering, and other accident-related losses.
Why You Should Be Careful When Discussing Fault
Insurance companies investigate claims to determine liability and the amount they may be required to pay. During this process, an insurer may ask questions about how the accident happened and may attempt to assign some fault to the pedestrian.
An insurer’s determination is not necessarily the final word on legal responsibility. If you disagree with the insurer’s assessment, you may have options for challenging the proposed allocation of fault. Before accepting a settlement, consider whether it adequately accounts for your medical expenses, lost income, pain and suffering, and other accident-related losses.
Why You Should Be Careful When Discussing Fault
Statements made after an accident can potentially become part of an insurance claim or legal dispute. Saying that you were distracted, did not see the vehicle, or believe you were partly responsible may be interpreted in ways you did not intend. This does not mean you should provide false information. Instead, provide accurate information and avoid making assumptions about legal responsibility.
If an insurance company is disputing fault or requesting a recorded statement, consulting a pedestrian accident lawyer before proceeding can help you understand your rights and protect your interests.
How a Pedestrian Accident Lawyer Can Help
Comparative negligence cases can become complicated because they require a detailed examination of how the accident occurred and how each party’s conduct contributed to the outcome. A lawyer can investigate the collision, gather relevant evidence, interview witnesses, review accident and medical records, and work with appropriate experts when necessary.
Your attorney can also communicate with the insurance company, challenge unsupported allegations of fault, and negotiate for a settlement that reflects the circumstances of the case. If litigation becomes necessary, the attorney can present evidence supporting your position in court.
Talk to a Pedestrian Accident Lawyer About Your Claim
Being accused of contributing to a pedestrian accident does not necessarily mean you are unable to seek compensation. Colorado’s comparative negligence rules can allow an injured person to recover damages in certain circumstances, although the amount may be affected by their percentage of fault.
At 5280 Injury Law, our experienced personal injury attorneys can review the circumstances of your pedestrian accident, evaluate the evidence, and explain how Colorado comparative negligence rules may affect your potential claim. If an insurance company is blaming you for your injuries, don’t assume you have no options. Contact 5280 Injury Law today to schedule a consultation and discuss your case.
Frequently Asked Questions (FAQs)
What is comparative negligence in Colorado?
Comparative negligence is a legal principle that addresses situations where multiple parties may have contributed to an injury. Under Colorado’s modified comparative negligence rules, an injured person’s damages may be reduced according to their percentage of fault, subject to the statutory threshold.
Can a pedestrian be at fault for an accident in Colorado?
Yes. A pedestrian can potentially be assigned some responsibility if their conduct contributed to the accident. However, the driver’s actions and all other relevant circumstances must also be considered when determining fault.
What happens if I am 20% at fault for a pedestrian accident?
If your claim is otherwise recoverable and you are determined to be 20% at fault, your damages may generally be reduced by 20%. The specific outcome depends on the facts and applicable law.
Can I recover compensation if I am 50% at fault?
Under Colorado’s modified comparative negligence rule, a claimant generally cannot recover damages when their fault is equal to or greater than the combined fault of the other parties. Because the application of the rule can depend on the parties and facts involved, legal advice is recommended for a specific case.
Should I hire a pedestrian accident lawyer if the insurance company says I caused the accident?
If fault is disputed, speaking with a pedestrian accident lawyer can be helpful. An attorney can review the evidence, assess the insurer’s position, and explain your legal options before you accept a settlement or make statements that could affect your claim.
