A pedestrian accident can happen in an instant, but its consequences can last for months or even years. Whether you were struck while crossing a busy Denver intersection, walking through a parking lot, or using a designated crosswalk, knowing what to do immediately afterward can protect both your health and your legal rights.
After an accident, it’s common to feel overwhelmed or unsure of what steps to take. Unfortunately, insurance companies often begin investigating the incident right away, and mistakes made in the hours or days following the crash can affect your ability to recover compensation. Understanding the proper steps, and knowing when to contact an experienced pedestrian accident lawyer, can make a significant difference in the outcome of your claim.
Prioritize Your Safety and Call 911
Your health should always come first after a pedestrian accident. If you’re able to move safely, get out of the roadway to avoid additional danger. However, if you believe you’ve suffered a serious injury, remain where you are and wait for emergency responders unless staying in place puts you at greater risk.
Call 911 immediately so police officers and emergency medical personnel can respond to the scene. A police report creates an official record of the accident, documenting important details such as the location, the parties involved, witness information, and the officer’s initial observations. This report often becomes valuable evidence if you later pursue an injury claim. Even if the driver suggests handling the matter privately, it’s generally in your best interest to report the accident to law enforcement.
Seek Medical Attention Immediately
Many injured pedestrians believe they can wait a day or two before seeing a doctor because they don’t feel seriously hurt. Unfortunately, waiting too long can put both your health and your legal claim at risk.
Prompt medical treatment allows healthcare providers to identify injuries before they become more serious while creating medical records that connect your injuries directly to the accident. Insurance companies frequently review medical records when evaluating claims, and delays in treatment may give them an opportunity to question whether your injuries were actually caused by the collision.
Some of the most common injuries suffered in pedestrian accidents include:
- Broken bones and fractures
- Head, neck, and spinal injuries
- Soft tissue injuries and internal trauma
Following your doctor’s treatment plan and attending all follow-up appointments also demonstrates that you’re taking your recovery seriously.
Gather Evidence at the Scene
If your injuries allow, gathering evidence before leaving the accident scene can strengthen your claim later. The more information you preserve, the easier it may be to establish how the accident occurred and who was responsible.
Take photographs of the accident scene, your injuries, the vehicle involved, traffic signs, crosswalks, skid marks, and any visible property damage. If anyone witnessed the collision, politely ask for their name and contact information before they leave the area.
You should also collect:
- The driver’s name, contact information, and insurance details
- Photos of the accident scene and surrounding roadway
- Contact information for any witnesses
If nearby businesses or homes have security cameras, make note of their locations. Surveillance footage is sometimes erased within days, and your pedestrian accident attorney may be able to obtain copies before they’re lost.
Be Careful When Speaking With Insurance Companies
After the accident, it’s common for the driver’s insurance company to contact you quickly. While the adjuster may appear helpful, remember that their responsibility is to protect the insurance company’s interests, not yours.
Before discussing the accident, be cautious about:
- Giving a recorded statement
- Accepting an immediate settlement offer
- Admitting fault or guessing what happened
It’s perfectly acceptable to tell the adjuster that you’re still receiving medical treatment and will respond after you’ve had an opportunity to review your options. In many cases, consulting a pedestrian accident lawyer before speaking in detail with the insurance company can help protect your claim.
Understand Colorado's Comparative Negligence Law
Colorado follows a modified comparative negligence rule when determining compensation in personal injury cases. This means you may still recover damages if you were partially responsible for the accident, provided your share of fault does not reach the legal threshold that prevents recovery.
Insurance companies sometimes argue that pedestrians crossed outside a designated crosswalk, failed to obey traffic signals, or entered the roadway unexpectedly. These arguments can reduce the amount of compensation you receive if they’re supported by evidence. The following table provides a simple overview of how comparative negligence may affect a claim.
| Your Percentage of Fault | Potential Recovery |
|---|---|
| 0% | Full compensation may be available. |
| Less than 50% | Compensation may be reduced by your percentage of fault. |
| 50% or more | You may be barred from recovering damages under Colorado law. |
Because every accident is different, an experienced pedestrian injury lawyer can evaluate the facts of your case and explain how Colorado law may apply to your situation.
Why Hiring a Pedestrian Accident Lawyer Early Matters
Pedestrian accident cases can quickly become complicated. Drivers may deny responsibility, witnesses’ memories can fade, and important evidence may disappear if it’s not preserved promptly.
Hiring a pedestrian accident lawyer early allows your attorney to begin investigating immediately. Your lawyer can obtain the police report, secure surveillance footage, interview witnesses, review medical records, and communicate directly with insurance companies on your behalf. This not only protects your rights but also allows you to focus on your recovery.
Colorado follows a modified comparative negligence rule, meaning your compensation may be reduced if you’re found partially responsible for the accident. Insurance companies sometimes argue that pedestrians crossed outside a crosswalk or failed to obey traffic signals. An experienced pedestrian injury lawyer can work to challenge these allegations with evidence and advocate for the compensation you deserve.
Protect Your Rights After a Colorado Pedestrian Accident
Recovering from a pedestrian accident is often physically, emotionally, and financially challenging. Medical bills, missed work, and ongoing treatment can quickly become overwhelming, especially when insurance companies attempt to minimize your claim.
Taking the right steps immediately after the accident can strengthen your case and improve your chances of recovering fair compensation. If you’ve been injured because of a negligent driver, speaking with a knowledgeable pedestrian accident lawyer can help you understand your options and protect your rights throughout the claims process.
At 5280 Injury Law, we’re committed to helping injured pedestrians navigate Colorado’s legal system and pursue the compensation they need to move forward with confidence.
Frequently Asked Questions (FAQs)
What should I do immediately after being hit by a car while walking?
Call 911, seek medical attention as soon as possible, report the accident to law enforcement, gather evidence if you’re able, and avoid discussing fault with the insurance company before understanding your legal rights.
Do I need a lawyer after a pedestrian accident?
Not every case requires an attorney, but if you’ve suffered injuries, significant medical expenses, or the insurance company disputes liability, consulting a pedestrian accident attorney can help protect your interests.
Can I recover compensation if I was partially at fault?
Yes. Under Colorado’s modified comparative negligence law, you may still recover compensation as long as your share of fault does not reach the legal threshold that bars recovery. Any compensation awarded may be reduced based on your percentage of fault.
How long do I have to file a pedestrian accident claim in Colorado?
In many pedestrian accidents involving motor vehicles, Colorado law generally provides up to three years to file a lawsuit. Because deadlines can vary depending on the circumstances, it’s important to speak with an attorney as soon as possible.
What damages can I recover after a pedestrian accident?
Depending on the facts of your case, you may be able to recover compensation for medical expenses, lost wages, future medical care, reduced earning capacity, pain and suffering, and other accident-related losses.
