Did you injure someone in a pedestrian accident in Colorado? You may assume the driver is at fault; after all, you hit them, not the other way around. But when is a pedestrian at fault for a car accident in Colorado?
While drivers are often responsible for pedestrian accidents, there are times when pedestrians assume partial or full blame. Determining who was at fault is an important step in seeking compensation to start moving forward.
Times When a Pedestrian May Be At Fault for an Accident
Colorado follows strict pedestrian laws to keep drivers and walkers safe and prevent accidents. When pedestrians violate these laws, they are often at least partially at fault for accidents. However, drivers still have a duty to avoid accidents whenever reasonably possible; for example, just because a pedestrian crossed outside a crosswalk does not mean the driver has the right to hit them intentionally.
A pedestrian may be found at fault for an accident if they did any of the following:
- Crossed outside of a designated crosswalk
- Walked on the side of a road where pedestrians are prohibited
- Darted or ran out in front of a car without giving the driver time to stop
- Crossed during a “Don’t Walk” signal at an intersection
Each of these scenarios may also lead to pedestrian traffic violations and citations.
Meanwhile, the pedestrian may be partially at fault if they were crossing a street in low-visibility conditions and did not confirm that the driver saw them, even if they were in a marked crosswalk.
When determining whether a pedestrian is at fault for a car accident in Colorado, the insurance company will review all the accident details to understand what happened and how the incident could have been avoided.
Instances When the Driver Is Likely At Fault
While there are several instances when a pedestrian may be at fault for a car accident in Colorado, often, the driver is primarily responsible. A driver may be at fault if they violated the pedestrian right-of-way in Colorado.
For example, they may have:
- Entered a crosswalk where a pedestrian was crossing
- Failed to yield to a pedestrian at a “yield” sign
- Turned right at an intersection without checking whether a pedestrian was crossing the intersecting road
- Hit a pedestrian who was crossing at a four-way stop
- Been driving recklessly
The police who came to the accident scene may have issued a citation to the at-fault driver. This citation would clearly outline which Colorado pedestrian fault laws they violated and how their behavior contributed to the accident.
Colorado Law Allows All Parties in an Accident To Share Partial Fault
Colorado follows a modified comparative negligence policy when it comes to determining fault in an accident. This policy allows all parties involved in an accident to share partial liability; the plaintiff’s damages would be reduced by their percentage of fault.
Some pedestrian accidents are not black and white. The pedestrian may have had the right of way, but other circumstances may have prevented the driver from stopping in time. In these cases, the insurance company may split fault between both parties.
Let Our Greeley Pedestrian Accident Lawyers Help You
Determining jaywalking accident liability or crosswalk accident fault can be tricky, but our attorneys will help you understand your potential for liability in your accident case. We have extensive experience representing clients in pedestrian accident cases and determining when a pedestrian is at fault for car accidents in Colorado.
Contact Grant & Associates Law Firm today at 970-356-5666 or fill out our online form to request a consultation with a professional and understanding attorney.