Todd is very thorough, diligent and knowledgable in his litigation skills and also exhibits professional decorum with clients and defense counsel.
Peer Reviewed on Lawyers.com
We knew after our first contact with Todd and his team that we could just focus on getting better. The office staff there was wonderful to work with
Reviewed by Marty and Jesse on Avvo
They worked tirelessly on our behalf with the insurance company to make sure that my daughter and I were more than fairly compensated.
Reviewed by Crystal on Google
Boulder Pedestrian Accident Lawyers
After a Pedestrian Accident in Boulder, Call Us!
Pedestrian deaths continue to be a problem in Colorado and across the entire United States. Thousands of pedestrians die each year in traffic collisions, and even more require emergency treatment.
Pedestrians must take great care whenever crossing a street, parking lot, or driveway. Should the unthinkable happen and you suffer an injury, Colorado law may entitle you to financial compensation. At the Tenge Law Firm, LLC, our personal injury lawyers in Boulder help injured pedestrians receive compensation for their injuries. Feel free to reach out to us today.
Risk Factors for a Pedestrian Accident
Anyone can be struck while walking. Nevertheless, certain risk factors increase your chances of suffering an injury in a traffic accident:
- Age. Both children and pedestrians older than 65 are at particular risk for a serious accident.
- Alcohol and drugs. Alcohol and other drugs impair reflexes, judgment, and motor control. As a result, alcohol was involved in about half of all fatal crashes.
- Speed. The faster a vehicle goes, the greater the likelihood of a serious injury.
- Congestion. Most pedestrian fatalities happen in urban areas.
- Time of day. A large number of pedestrian accidents occur at night.
Pedestrians should always cross at identified crosswalks to reduce the likelihood of collisions with motor vehicles. Your own safety precautions cannot prevent carelessness in others, however, and accidents can still occur.
Common Causes of a Pedestrian Accident
Few motorists intentionally try to strike anyone, but a combination of carelessness and recklessness can cause them to take risks that endanger the lives of pedestrians. Some causes of a pedestrian accident include:
- Driving while distracted, such as while texting or talking on the phone
- Driving under the influence of drugs or alcohol
- Misjudging distance
- Paying poor attention to surroundings
- Exercising poor judgment
Liability in a Pedestrian Accident
If you or a loved one has been the unfortunate victim of a pedestrian accident in Colorado, you’ll rightfully be wanting to look for someone to blame. Steep medical bills, lost earnings, and the emotional pain and suffering that comes with a car accident can make the experience even more difficult. But before you can receive the necessary financial compensation to cover these costs, you’ll first have to work with your insurance provider and the courts to establish liability for the accident.
Under Colorado law, every driver has a responsibility to take a proper amount of care while out on the road. This is called “duty of care,” and it is often at the heart of most pedestrian accident cases. Drivers must exercise the same caution toward pedestrians as everyone else. When they fail to provide that level of safety and an accident occurs, that driver can be held liable.
When an insurance representative is investigating the circumstances of your claim, if the driver is clearly at fault, you will be offered a financial settlement. Because the insurance company wants to minimize the payout, this offer is oftentimes too low. If you decide to file a claim against the driver, you will need the help of an experienced attorney who can guide you through the legal steps of fighting your case. Your attorney can help you seek the correct amount of compensation by reviewing witness reports, evidence, and other details surrounding your case. If the driver is found to be wholly responsible for the accident, you will recover your damages.
Pedestrians also need to realize that their own actions can contribute to a collision. For example, pedestrians who race in front of moving traffic, or who try to weave through traffic on a highway, may contribute to their own accidents and injuries. According to Colorado Revised Statute 13-21-111, a person bringing a lawsuit can receive compensation so long as he is less responsible for the accident than the defendants. If you engaged in reckless behavior or if you were distracted when walking (for example, by looking at your phone), you might have contributed to your own accident, and the court may reduce any compensation you qualify for by your percentage of fault.
Defense attorneys will frequently try to blame victims for their injuries to reduce liability for their clients. The Tenge Law Firm, LLC, however, knows how to outflank these arguments by using expert testimony and eyewitness accounts, among other things, when appropriate or available.
What If the Driver Who Hit Me Is Uninsured?
If you own a car, or live with a relative who owns a car, and the car is covered by an uninsured motorist policy, you can make a claim on the UM coverage, because it follows you wherever you go. Many people are unaware of this option, but we are excellent at determining the available insurance coverage to make sure you get the justice you deserve.
Without any protection, pedestrians can suffer the full brunt of a collision. As a result, they can suffer devastating injuries, including:
- Broken bones. Any bone on the body could break, but breaks in the ribcage are particularly dangerous since they can spear internal organs. Also, compound fractures (where the bone protrudes through the skin) place victims at risk of infection if not cleaned and treated properly.
- Soft-tissue injuries. Serious sprains or strains can severely damage tendons, ligaments, or muscles. A bad contusion can put pressure on muscles and block the flow of blood.
- Cuts, lacerations, and road rash. These wounds require proper cleaning so that they can heal without infection. Bad cuts can cause permanent scars.
- Burns. Second- and third-degree burns can lead to scars and tissue damage. Many pedestrians need skin grafts.
- Brain injuries. Any blow to the body can damage how the brain operates. Many people suffering from traumatic brain injuries suffer from impaired mobility, speech, sensation, memory, and thought processes.
- Spinal cord injuries. Victims can suffer a partial or total loss of sensation or mobility. Many patients can become permanently paralyzed.
According to the Christopher & Dana Reeve Foundation, patients with a partial loss of sensation or mobility as a result of spinal cord injury spend an average of $42,000 a year. It is not unusual for someone with even partial loss of mobility to spend far more than $1 million in medical treatments during the rest of his or her life.
Compensation for Injured Victims
When the accident is the fault of a careless or reckless driver, our clients have received compensation for:
- Medical expenses (hospital visits, surgery, doctor’s visits, prescription drugs)
- Medical equipment, such as crutches, braces, and wheelchairs
- Future medical expenses
- Lost wages
- Lost future earning capacity
Injured pedestrians can also receive money for injuries that are harder to calculate in dollars and cents, such as:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Physical impairment
The amount of money you can receive depends on many factors, including the seriousness and permanency of your injuries, as well as the amount of insurance the defendant has. To fully analyze your case, schedule a consultation with an experienced Boulder pedestrian accident lawyer.
Handling Hit and Runs
Some pedestrians, unfortunately, do not know who struck them because the driver takes off in clear violation of the law. Compensation for a hit-and-run can prove challenging to recover, but you do have options:
- Security cameras from nearby businesses might have caught the driver on video.
- Witnesses might have noticed the vehicle that struck you and can provide a description of the vehicle and the driver.
- Police may have arrested the driver after the accident for another, unrelated offense, such as DUI.
Our investigation might identify the driver who injured you—then we can make a claim for compensation. We can also assist with uninsured motorist claims.
Meet with a Boulder Pedestrian Accident Lawyer
To protect your rights, immediately contact the Tenge Law Firm, LLC. Our team of pedestrian accident lawyers in Boulder can move quickly to preserve evidence and seek full and fair compensation for your injuries. To schedule your free, no-obligation case evaluation, please call (303) 665-2929 or reach out to us online.