Walking to a destination within a community is a fitness-friendly and eco-conscious choice, but when motorists fail to pay diligent attention and take reasonable actions to prevent injuries to pedestrians it presents a grave risk. There were 9,108 pedestrians killed in the U.S. in 2022, the most recent fully collected data year. In Colorado, pedestrians account for about a quarter of all traffic-related fatalities.
Pedestrians are completely exposed to full impact in an accident with an average 4,000-pound vehicle, resulting in serious or catastrophic injuries or fatalities. Sadly, pedestrian accidents in Colorado and elsewhere are often the result of a driver who didn’t adhere to traffic laws or failed to practice due diligence.
What Causes Most Pedestrian Accidents?
Pedestrians sometimes contribute to the cause of an accident by darting out in front of traffic without using a crosswalk; however, the vast majority of pedestrian accidents occur when the pedestrian is following traffic rules. Pedestrians know they face risk while exposed to nearby motorists. Meanwhile, drivers often feel insulated from the outside world while inside the metal and glass enclosure of their car or truck. Common causes of pedestrian accidents include:
- Distracted driving
- Speeding
- Aggressive driving
- Failure to yield the right of way at crosswalks and intersections
- Making a left turn while looking for traffic from the right and failing to see a pedestrian approaching from the left
- Parking lot reversing accidents
- Intoxicated driving
- Drowsy driving
When a driver’s lack of reasonable care causes injury or fatality to a pedestrian, the injury victim or their family members have a right to compensation from the party at fault.
What Can a Pedestrian Do at the Accident Scene to Help Recover Damages Later?
In many pedestrian accidents, the victim is far too seriously injured to do anything but await help; however, if an injury victim can use their phone from their position without causing further injury or ask a companion or bystander to use it for them, preserving evidence at the scene is beneficial later for recovering damages.
Use a cell phone to take photos of the involved vehicle and any damage to the vehicle. Photograph the accident scene to include anything relevant to the cause of the accident, like a crosswalk, traffic signal, or intersection. Then, photograph any visible injuries to later prove that they occurred during the accident so the insurance company cannot dispute the claim. It’s important to add the contact information of any eyewitnesses.
Pedestrian accident victims should always go straight to a hospital from the accident scene and document evidence of their damages by obtaining a detailed medical report.
What Are Common Damages Recovered In Pedestrian Accident Claims in Colorado?
Pedestrians are vulnerable to severe injuries. Serious injuries are financially costly as well as physically painful and debilitating. If a pedestrian accident results in a wrongful death, grieving family members face significant economic consequences as well as emotional ones. The consequences of an accident are the victim’s “damages” in a personal injury claim. Common damages recovered in Denver pedestrian accident cases include the following:
- Reimbursement for medical expenses
- Future medical expenses for ongoing care or rehabilitation
- Lost wages
- Out-of-pocket expenses related to the injuries
- Future income loss
- Diminished future earning capacity
- Compensation for pain and suffering
- Any other non-economic damages that apply in some circumstances such as traumatic limb loss, disfigurement compensation, or compensation for PTSD, loss of enjoyment of life, or diminished life quality
If a loved one is killed in a pedestrian accident due to a driver’s careless or reckless actions, a wrongful death claim could recover additional compensation for funeral and burial expenses, loss of a provider’s income and services, and compensation for grief and anguish.