Pedestrians hit by an automobile are often times seriously or fatally injured. As our roads become more crowded, drivers must become more aware of the pedestrians and bicyclists they share the road with.
Unfortunately, car accidents happen and vehicles strike pedestrians everyday on Colorado streets.
If you or a loved one was a pedestrian injured by a negligent driver, contact the Frickey Law Firm today at 303-237-7373 for a complimentary review of your case.
Elements of a Pedestrian Accident Case
The laws involving pedestrians injured by cars are not cut and dry. Many people believe that jaywalkers have no right to compensation if a car strikes them. In certain instances, however, even jaywalkers have access to some compensation if struck by a car.
Pedestrian accidents are further complicated by the injuries pedestrians sustain. Pedestrians are more susceptible to serious brain injuries, back and spinal cord injuries and potentially fatal complications when struck by a car. Victims of these serious injuries can be entitled to compensation for medical bills, physical and emotional suffering and funeral expenses in the event of a fatal accident.
Who can file a pedestrian accident case?
Any pedestrian injured by a motorist may be eligible to file a pedestrian accident claim. Some of the elements common to these cases are:
- You were travelling on foot (walking, running, jogging)
- The motor vehicle injured you (collision, sideswipe, direct impact, backed over, etc.)
- You suffered physical injury as a direct result
The parent(s) or guardian(s) of a child injured in a pedestrian accident are also eligible to file these claims, as are the surviving dependents or spouse of a person killed in a pedestrian accident.
Is a driver always at fault when hitting a pedestrian?
Motorists are required to yield to people who are crossing the street. That is why the driver is usually liable in an accident involving a car and a pedestrian. However, there are some exceptions. Pedestrians must take reasonable steps to ensure their own safety. If they don’t, the law may find them to be partially responsible for their injuries. Ignoring the walk sign at an intersection and darting in front of a vehicle are two examples of pedestrian negligence that can contribute to an accident.
Who is at fault in a pedestrian accident?
Drivers often say they did not see the pedestrian. Often because they just were not looking. Drivers have a responsibility to drive in a manner that respects the rights of others who are using public roads and walkways. When they fail to do so, they can be held liable for the damages they cause.
We will investigate your claim to determine who is liable. Was the driver paying attention to the road or chatting on a cell phone? Did improper street design, signs, or traffic signals contribute to the crash? Our legal team will explore all possible sources of financial compensation.
How can a pedestrian accident case be proven?
Your attorneys must show that negligence caused the pedestrian accident that injured you. A negligent driver is behaving carelessly, and it is that carelessness that may have caused the accident. Examples include:
- Running a red light or stop sign
- Driving under the influence of alcohol or drugs
- Failing to yield
- Swerving into a bike lane
- Failure to stop when a school bus “Stop” arm was extended
- Driving at an unsafe speed
- Reckless driving
- Hit and runs
Even if the initial police report makes a ruling on who was at fault, that police report is not the final word. A lawsuit argues that the motorist was at fault in causing the accident, and your attorneys build a case to prove the motorist’s fault.
We put all of our resources to work in proving your case. We may utilize witness testimony, expert testimony, police reports, photos of the accident scene, and other facts surrounding the case.
How long do I have after a pedestrian accident to file a lawsuit?
You have three years to file a lawsuit after a pedestrian accident involving a motor vehicle in Colorado. If you miss the deadline, you will lose your right to sue the at-fault driver for your injuries. Leave yourself plenty of time by contacting our attorneys as soon as possible. Keep in mind that insurance claims need to be filed much more promptly. You should talk to the insurance company within a matter of days after your accident. Don’t admit fault or provide unnecessary details without consulting our attorneys.
On average, how much should I settle for getting hit by a car?
Pedestrian accidents often result in extensive and life-changing injuries. For that reason, it is not uncommon for victims to secure a six-figure settlement after being hit by a car or truck. However, every situation is different. Instead of looking at average settlement amounts for pedestrian accidents, it is best to schedule a free consultation with our attorneys who can assess the actual value of your unique case. We will calculate the full and fair compensation you deserve.
How long does it take to settle a pedestrian accident case?
The duration is highly variable. It could take a few months, a year, or potentially even longer. Most cases come to a resolution within several months. We can give you some idea of a likely timeline once we’ve learned more about your case.
How is compensation for a pedestrian accident case determined?
Insurance adjusters have formulas and calculations they use to arrive upon a settlement offer. As your attorneys, we want to pursue the highest possible compensation award for you, which may or may not line up with current insurance offers.
Every case is entirely unique, so a verdict or settlement in another pedestrian accident case doesn’t necessarily have any bearing on what you may be able to recover. Our attorneys pursue every dollar you are due for damages including:
- Medical bills and the extent of treatment required
- Loss of income from having to miss work due to your injuries
- Pain and suffering
- The severity of the injury and how extensively it has impacted your life
- Whether the injury caused lasting impairment or disability
- The impact the injury has on your ability to perform your career duties and how it affects future prospects
Talk to our attorneys today about what your case may be worth. Although compensation cannot be guaranteed, we can give you an idea of your options going forward.
Should I accept the first settlement offer for a pedestrian accident?
It is certainly tempting to accept the first settlement offer that you receive after a pedestrian accident. After all, you have medical bills to pay, and you are likely unable to work. However, you should know that insurance adjusters are out to protect their company’s bottom line. They will likely lowball you unless you negotiate. Always contact an attorney before you accept a settlement offer for a serious pedestrian accident. Having a skilled injury attorney in your corner for settlement negotiations can help you achieve the best possible outcome. If settlement talks fail, our attorneys are prepared to take your case to trial.
How will I receive my settlement money?
Pedestrian accident settlements are typically paid out by the defendant’s liability insurance. After settling your pedestrian accident case, our attorneys will wait for the insurance company to send your settlement check in the mail. We will resolve any personal injury liens before giving you your share of the settlement proceeds. This process is a bit different if you win a money judgment at trial.
How are the attorney’s fees for a pedestrian accident case determined?
Every law firm works a little differently. At The Frickey Law Firm, we have a contingent fee structure. Basically that means we do not get an attorney’s fee unless we successfully recover compensation on your behalf, in which case our fees are a percentage of that recovery. We will discuss the percentage determination at the time of your consultation. We believe in complete transparency in all matters. To that end, we provide a Contingent Fee Agreement so that you know exactly what to expect before proceeding with a claim.
Another aspect of costs are the expenses for perfunctory parts of the case, such as requesting medical records or other documentation that comes at a price. These costs are ultimately paid by the client, regardless of a successful recovery. We work hard to minimize costs.
"My husband and I appreciate the professional, personal and responsive experience that we had with Erin Montgomery and Stefani Almada. While their experience and professionalism was second to none, they listened and their compassion and caring was evident. Through the process of many twists and turns, their hearts were always in it bringing encouragement when we wanted to give up. In the end, it all worked out because they never gave up! We couldn't have asked for a better experience! Thank you Erin and Stefani! We will miss you!" - T.T.
"Lots of commitment towards my case and helped me out with a lot! They will take care of whatever you need as quickly as possible and as thoroughly as possible." - P.C.
"I would like to say that Susan and Adam were both awesome at handling my case. I can't say enough good things about the two of them. They kept me informed on what was going on. I highly recommend this firm. Thank you for everything" - S.M.
Request a consultation with our pedestrian accident lawyers
You deserve fair compensation for your injuries. Our pedestrian accident lawyers are well known for their ethical and thorough approach to accident cases. Contact the Frickey Law Firm today and schedule a complimentary consultation.