What Are Your Legal Rights In A Pedestrian Accident?

In a collision between a pedestrian and vehicular traffic, it’s almost always the person on foot who’s going to suffer the most from the encounter, sustaining serious or even deadly injuries. But the issue of who’s liable in a pedestrian accident isn’t always as clear cut as you might think.

WHO IS CONSIDERED “AT FAULT” IN A PEDESTRIAN ACCIDENT?

Some drivers believe that having a traffic signal in their favor justifies plowing ahead, even if pedestrians are trying to cross at the same time. But Colorado law says otherwise. Drivers are required to yield to pedestrians in crosswalks, regardless of what the traffic signal indicates, or whether the crosswalks are marked or not. Because of the risk of serious or fatal consequences in a pedestrian-vehicle crash, drivers should always exercise caution around pedestrians and do everything they can to avoid a collision, whether they think they’re “in the right” or not.

DO PEDESTRIANS ALWAYS HAVE THE RIGHT OF WAY?

Not always. State traffic laws impose certain duties on pedestrians as well as drivers. For example, pedestrians shouldn’t attempt to cross traffic in areas where pedestrians are prohibited, such as freeways, or dart off the curb unexpectedly where there is no crosswalk. But right-of-way isn’t the only component in establishing liability, and exercising your “right” recklessly can only lead to grief. The Colorado Driver Handbook states that pedestrians “have the right-of-way at crosswalks and intersections whether the crosswalks are marked or not. However, you should always watch for vehicles. If there is an accident, you are the one who will suffer.”

WHAT’S INVOLVED IN PURSUING A CLAIM AFTER A PEDESTRIAN ACCIDENT?

Pedestrians injured as a result of someone else’s negligence may be entitled to recover damages for their injuries. Negligence, in this context, means a failure to do (or not to do) something that that a reasonable person in similar circumstances would have done to protect others from foreseeable risks. A plaintiff may be able to establish that a driver failed to exercise reasonable care by proving that the at-fault party was guilty of any or all of the following:

• Not obeying the speed limit
• Not obeying traffic signs or signals
• Not stopping for pedestrians at crosswalks
• Not paying attention
• Failing to respond to weather or traffic conditions
• Failing to signal while turning
• Driving under the influence of drugs or alcohol

WHAT SHOULD I DO IF I AM INJURED IN A PEDESTRIAN ACCIDENT?

Call the police immediately. Don’t leave the scene of the accident before emergency help arrives. Collect names and phone numbers of witnesses, and don’t make any statements about the accident to anyone, other than to exchange contact information with the driver who hit you and cooperate with the police investigation. Contact an experienced pedestrian accident attorney, who can help you weigh your options, collect and document the facts of the incident, assist you in getting appropriate medical treatment, and evaluate your case.

As Electric Scooter Use Increases, So Do Injuries

In Denver and several other traffic-clogged cities, officials have been promoting electric scooters and e-bikes as a “smart mobility” option, a way to move around congested areas quickly, at the fraction of the cost of a gas-guzzling automobile. But the increased use is also raising concerns about Denver scooter accidents, injuries and liability issues.

According to Denverite, participation in the city’s Shared Micromobility Program increased 76 percent in the second quarter of 2022 compared to the same quarter in 2021. But emergency rooms are also seeing more people injured in scooter crashes, with Denver Health treating an average of 2.5 scooter injuries a day. The surge in injuries has prompted additional measures designed to better advise scooter riders of the rules of the road and avoid collisions with cars and pedestrians.

WHY SO MANY SCOOTER ACCIDENT INJURIES?

Scooters can be fun to ride, but they are a particularly unstable and flimsy form of transportation. They can be tricky to steer when abrupt correction is needed, and potholes and bumps in the road can be serious hazards. Some states require scooter riders to wear a helmet; Colorado does not.

The City of Denver requires scooter operators to ride in the bike lane, with the flow of traffic. If there is no bike lane, or posted traffic speeds exceed thirty miles an hour, electric scooters are permitted to operate on sidewalks at no faster than six miles per hour. But as any one who’s visited LoDo in the past few years can attest, many riders ignore the rules; they scoot against the flow, on the wrong side of the road, or whiz around startled pedestrians on the sidewalk at unsafe speeds. And even those who follow the rules are at great risk from many of the same dangers confronting bicyclists on busy streets — people in cars in parking lanes, for example, pulling away from the curb or flinging open passenger doors.

WHO’S LIABLE IN A SCOOTER ACCIDENT?

As in other personal injury cases, the question of liability in a scooter accident comes down to whether one party or the other was negligent (or whether both were). An electric scooter (aka e-scooter) operator who is driving recklessly and not following the rules may well be at fault for any crash that occurs, whether with a pedestrian or a vehicle, but a motorist who isn’t exercising reasonable care and sharing the road could be held responsible, too. It’s also possible that some defect in the scooter — faulty brakes, a sticky accelerator — played a role in the crash.

But holding electric scooter manufacturers accountable can be a challenge. The fine print in the rental agreement with scooter companies typically has language to the effect that the operator “assumes all responsibilities and risks for any injuries” that may result. Consequently, it’s important to review your own liability coverage before you get on an electric scooter. Credit card companies routinely offer a form of accident coverage when you rent a car or truck, but that coverage doesn’t extend to electric scooter rentals. While your personal auto insurance policy probably won’t apply in the event of a scooter crash, the uninsured motorist coverage may be of use if, through no fault of your own, you get into an accident with a driver who has no insurance; the UMC should provide some protection, just as it would if you were a pedestrian or driving a car and an uninsured driver ran into you.

Most of all, it’s important to make sure you understand the rules of the road and are comfortable with the way the electric scooter operates before taking it out on the streets. And wear a helmet.

Hear From Actual Frank Azar Clients & Their Pedestrian Accident Experiences

THE CAR ACCIDENT LAWYERS AT FDAZAR

For nearly forty years the attorneys at Franklin D. Azar & Associates have helped thousands of injured people obtain complete and timely compensation for their losses. Our proven track record and expertise in serious injury cases have allowed us to grow into the largest personal injury law firm in Colorado, with offices in Aurora, Boulder, Colorado Springs, Denver, Fort Collins, Glenwood Springs, Grand Junction, Greeley, Lakewood, Littleton, Longmont, Pueblo, and Thornton. If you’ve been injured in a bus, car, rideshare,  truck, or motorcycle accident, you may be entitled to compensation. Please call the car accident attorneys at FDAzar day or night at 800-716-9032, or contact us here for a free consultation and no-obligation evaluation of your case.