Accidents involving a pedestrian and a bicyclist are inevitable in a beautiful state like Colorado. While most people find walking or cycling to be a fun and healthy recreational activity or excellent transportation alternative, there is a risk of serious injury and death when motorists fail to “share the road” or “maintain a proper lookout.”
Colorado reports between 300 and 400 crashes involving pedestrians every year. In 2017, according to 247wallst.com, Denver ranked fifth in a list of the country’s most dangerous cities for cyclists.
The state of Colorado has implemented laws to ensure the safety of pedestrians. If you’ve been involved in a pedestrian accident, Colorado law stipulates who is at fault in the following situations:
Pedestrians need to be mindful of where to cross and how to stay safe:
Colorado law states that pedestrians should walk on the left side of the road in rural areas. If a pedestrian is struck while walking on the right side of the road, the pedestrian may be found at fault for some or all of the resulting damage.
Determining liability in bicycle accident cases can be difficult. Factors include who was at-fault for the accident, who had the right of way at the time of the accident, and the series of events that resulted in the crash. You can hold a driver liable in your bike accident, and a driver could hold you liable as well. Depending on the circumstances surrounding your crash, you may also hold government entities and private companies liable.
To prove a bike accident claim, you and your Denver bicycle accident lawyer will need to prove and use evidence to support the following four elements:
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Past and future medical bills: The most common injuries in bike accidents are broken bones, concussions, and abrasions from contact with the asphalt. You could be eligible for payment for all of your accident-related medical bills, including hospital stays, procedures, medications, medical devices, fuel expenses, and any future costs.
Lost wages: If you have to miss work because you’re in the hospital or at home healing from your injury, you can seek to recover these losses. If you sustain a temporary or permanent disability because of your collision, you could also request compensation for lost capacity to earn an income.
Pain and suffering: The Colorado courts allow injured parties to request compensation for non-economic damages such as physical pain, emotional distress, and mental anguish. A jury will decide the amount of these awards based on the severity and longevity of the injury. Catastrophic and permanent injuries tend to qualify for greater pain and suffering awards.
If you’ve been involved in a pedestrian accident, we’re available to offer our informed perspective on your situation. Most pedestrian accidents result in serious injury to the pedestrian. There may be extensive medical bills after the accident and in the years ahead. Loss of future income may be applicable. Consulting with a personal injury attorney to better understand your options is a smart first step.