After a pedestrian accident, your immediate priorities are usually getting medical treatment, recovering from your injuries, and dealing with insurance companies. Filing a lawsuit may be the last thing on your mind. However, if you are considering legal action, it is important to understand that Colorado law places a time limit on many personal injury claims.
This deadline is commonly referred to as the statute of limitations Colorado law provides for a particular type of claim. Missing the applicable deadline can prevent you from pursuing compensation through the courts, even if you have a valid claim.
For this reason, speaking with experienced pedestrian accident attorneys early in the process can help you understand the deadline that applies to your circumstances and what steps may be necessary to protect your rights.
What Is the Statute of Limitations for a Pedestrian Accident in Colorado?
In Colorado, many tort actions must generally be commenced within two years after the cause of action accrues under Colorado Revised Statutes § 13-80-102. The statute specifically includes tort actions such as negligence. However, pedestrian accident cases can involve additional legal considerations, particularly when the accident involves a motor vehicle or a government entity.
The applicable deadline can depend on the specific facts and legal claims involved. Because of these potential differences, you should not assume that every pedestrian accident claim automatically has the same filing deadline.
When Does the Two-Year Period Begin?
The statute of limitations generally runs from when the cause of action accrues. Determining exactly when a claim accrues can depend on the circumstances of the case. For a typical pedestrian accident involving an injury caused by another person’s negligence, the relevant timeline may be connected to the accident and resulting injury.
However, the legal analysis can become more complicated when there are unusual circumstances, multiple responsible parties, or special rules that apply to the claim. This is one reason it is important to have your case reviewed by pedestrian accident attorneys rather than relying solely on a general deadline.
Why You Should Not Wait Until the Deadline
Even when you believe you have two years to file a claim, waiting until the last few months can make your case more difficult. Important evidence may become harder to obtain as time passes. Witnesses may forget what they saw, surveillance footage may no longer be available, and accident scenes can change.
Medical documentation and other records may also require time to collect and review. Starting the legal process earlier gives your attorney more opportunity to investigate the accident, identify potentially responsible parties, gather evidence, and evaluate your damages.
What Happens If You Miss the Statute of Limitations?
If a claim is filed after the applicable statute of limitations has expired, the defendant may argue that the lawsuit is time-barred. Depending on the circumstances, this can prevent the injured person from recovering compensation through the court system.
There can be exceptions and different limitation periods depending on the nature of the claim. For example, Colorado law contains separate provisions addressing certain claims involving governmental entities and other specific circumstances. Because these rules can be fact-specific, it is risky to assume that an exception will extend your deadline.
Does an Insurance Claim Extend the Filing Deadline?
Not necessarily. Communicating with an insurance company, submitting a claim, or negotiating a settlement does not automatically mean that the applicable lawsuit deadline is extended. The deadline for filing a lawsuit and the insurance claims process are separate legal considerations.
This is particularly important if settlement negotiations continue for months. You should know the applicable litigation deadline before relying on ongoing discussions with an insurer. A pedestrian accident lawyer can help you understand how the insurance process relates to your potential legal claim and whether additional action is necessary.
What If the Pedestrian Was Partially at Fault?
A driver or insurance company may argue that the pedestrian contributed to the accident. For example, they may dispute whether the pedestrian had the right of way or claim that the pedestrian was not paying attention.
A disagreement over fault does not necessarily mean that you cannot pursue a claim. Colorado’s rules concerning comparative fault can affect the amount of compensation an injured person may ultimately recover. When fault is disputed, it becomes especially important to preserve evidence and obtain legal guidance rather than assuming that you are responsible for the accident.
What If the Accident Involved a Government Entity?
Pedestrian accidents involving a government vehicle or government entity can involve additional legal requirements and potentially different deadlines. Colorado law specifically addresses claims against public or governmental entities in its statutes governing limitations.
If your pedestrian accident involved a city, county, state agency, or another governmental entity, do not assume that the standard deadline for an ordinary personal injury claim applies. Contacting an attorney promptly can help determine which rules apply to your case.
What Should You Do After a Pedestrian Accident in Colorado?
If you have been injured in a pedestrian accident, consider taking steps to protect both your health and your potential claim. Seek medical attention even if your injuries initially appear minor. Some accident-related injuries may not become apparent immediately. Keep records of medical appointments, bills, prescriptions, and other treatment-related expenses.
You should also preserve photographs or videos of the accident scene, your injuries, vehicle damage, traffic signals, road conditions, and other relevant details if they are available. Obtain the accident report and keep the contact information of witnesses when possible. Avoid making statements accepting blame for the collision before you understand the circumstances and your legal rights. If an insurance company contacts you, consider speaking with an attorney before providing a recorded statement or accepting a settlement.
How Can Pedestrian Accident Attorneys Help?
A pedestrian accident attorney can evaluate the circumstances of your collision and determine what legal deadlines may apply. The attorney can also investigate the accident, collect relevant evidence, communicate with insurance companies, calculate your losses, and negotiate for appropriate compensation.
If a fair settlement cannot be reached, your attorney can also determine whether filing a lawsuit is appropriate and help you navigate the litigation process. The sooner your case is reviewed, the more time there may be to investigate the accident and address potential legal deadlines.
Talk to Pedestrian Accident Attorneys About Your Colorado Claim
If you were injured in a pedestrian accident in Colorado, understanding your legal deadline is an important first step. Waiting too long can put your ability to pursue compensation at risk, while early legal guidance can help you make informed decisions about your claim.
At 5280 Injury Law, our experienced personal injury attorneys can review the circumstances of your pedestrian accident, explain the applicable legal deadlines, and help you understand your options for pursuing compensation. Don’t wait until the filing deadline is approaching. Contact 5280 Injury Law today to schedule a consultation and discuss your Colorado pedestrian accident claim.
Frequently Asked Questions (FAQs)
How long do I have to file a pedestrian accident claim in Colorado?
Many Colorado tort claims must generally be commenced within two years after the cause of action accrues. However, the applicable deadline can vary depending on the circumstances and the parties involved.
What is the statute of limitations in Colorado for personal injury?
Colorado generally provides a two-year limitation period for many tort actions, including negligence claims, under C.R.S. § 13-80-102. Certain claims can be subject to different rules, so the specific circumstances of your case matter.
Does filing an insurance claim stop the statute of limitations?
Not automatically. An insurance claim and a lawsuit are separate matters, and communicating with an insurer does not necessarily extend the legal deadline for filing a lawsuit.
Can I still file a claim if I was partly responsible for the accident?
Potentially, yes. The effect of partial fault depends on Colorado law and the specific facts of your case. A lawyer can evaluate the evidence and explain how comparative fault may affect your potential recovery.
Should I contact a lawyer before the two-year deadline?
Yes. It is generally better to seek legal advice well before the deadline. Early consultation gives pedestrian accident attorneys time to investigate the collision, preserve evidence, identify responsible parties, and determine what legal deadlines apply.
