What Rights Do Pedestrians Have in Crosswalk Accidents?
Every day, thousands of Coloradans take to the streets on foot—walking to work, heading to school, or simply getting exercise. But when a peaceful walk turns into a traumatic accident, it raises important legal questions about pedestrian rights. In Colorado, pedestrians are often given the right-of-way in crosswalks, but that doesn’t mean they're always treated fairly.
Drivers have a legal duty to yield to pedestrians and operate vehicles responsibly. Still, many crosswalk accidents occur because of distracted driving, speeding, or failure to obey traffic signals. The Law Offices of Malcolm B. Seawell, PC in Centennial, Colorado, can offer competent, approachable guidance on what steps you can take after an accident.
Legal Protections for Pedestrians in Crosswalks
In Colorado, pedestrian safety laws are designed to offer protection in marked and unmarked crosswalks. These laws hold drivers accountable for yielding and operating their vehicles carefully around foot traffic.
Pedestrians generally have the right-of-way when crossing within a marked crosswalk or at an intersection with no traffic signals. Colorado Revised Statutes § 42-4-802 outlines the duty of a driver to yield to pedestrians crossing the road within any marked crosswalk or at an intersection.
However, these protections aren’t absolute. Pedestrians are also expected to exercise reasonable care for their own safety and not suddenly leave a curb or run into the path of a vehicle. Here’s what the law looks like in practice:
Drivers must stop or yield: When a pedestrian is in the crosswalk, approaching from the same side or opposite side, drivers are legally obligated to stop and allow them to cross safely.
Marked vs. unmarked crosswalks: Marked crosswalks are often found at intersections or mid-block, while unmarked ones exist by default at most intersections. Pedestrians have the right-of-way in both scenarios.
Traffic signals matter: At intersections with walk/don’t walk signs, pedestrians must obey signals. Drivers must still yield during a pedestrian’s protected phase, even if turning.
These laws allow both parties—driver and pedestrian—to share responsibility. But when a pedestrian is hit, the burden often falls hardest on them. That’s where legal advocacy comes into play.
Common Causes of Crosswalk Accidents
Understanding what typically causes pedestrian accidents can help clarify legal responsibility and highlight when a pedestrian may be entitled to compensation. In most cases, driver negligence plays a central role. Below are some common causes of crosswalk collisions:
Failure to yield: Drivers often fail to stop for pedestrians, even when they're clearly in the crosswalk.
Distracted driving: Texting, talking on the phone, or using navigation systems can all lead to tragic mistakes.
Speeding: High speeds reduce a driver’s ability to react in time to a pedestrian’s presence.
Impaired driving: Alcohol or drug use severely affects reaction times and decision-making.
Improper turns: Drivers making left or right turns may fail to spot a pedestrian before completing their maneuver.
Disobeying traffic signals: Running red lights or ignoring stop signs creates serious hazards for pedestrians.
These behaviors can form the basis of legal liability. When a driver violates traffic laws or behaves carelessly, and someone gets hurt, they can be held financially responsible for the harm they cause.
Steps to Take After a Crosswalk Accident
What you do in the moments and days after a crash can have a big impact on your recovery and your legal case. Even if your injuries seem minor, it’s important to protect yourself and start documenting everything. Key steps pedestrians should take after crosswalk accidents include:
Call the police: A formal police report can be essential for your case.
Seek medical attention: Even if you feel okay, get checked by a doctor. Some injuries take time to appear.
Take photos and videos: Capture the scene, your injuries, traffic signals, and any property damage.
Collect witness information: Get names and contact details of anyone who saw the accident.
Don’t speak to the driver’s insurer: They may twist your words. Let a skilled auto accident attorney handle communications.
Contact a lawyer early: The sooner you involve a legal professional, the better your chances of building a strong case.
Quick action can help protect your rights and strengthen your claim. Waiting too long to get help can lead to lost evidence or missed deadlines.
Proving Fault in a Pedestrian Accident
To hold a driver accountable, it's important to prove they acted carelessly or broke the law. Pedestrian injury cases often come down to gathering and presenting strong evidence.
In Colorado, the courts follow a comparative negligence model. That means an injured person can still recover damages even if they were partially at fault—so long as they were less than 50% responsible for the accident. Key forms of evidence in crosswalk cases often include:
Traffic camera footage: Footage from nearby cameras can show the driver's actions leading up to the crash.
Eyewitness accounts: Bystanders often provide unbiased perspectives that support the pedestrian’s version of events.
Police reports: Officers at the scene document observations, statements, and sometimes issue citations to the driver.
Medical records: These show the extent of the pedestrian’s injuries and help tie those injuries to the crash.
Accident reconstruction: Experts can analyze skid marks, impact points, and other details to determine fault.
Establishing fault is vital in making a claim. An attorney can help gather this evidence, interview witnesses, and deal with insurance adjusters who might try to shift the blame.
Special Considerations for Children and Elderly Pedestrians
Children and older adults are especially vulnerable in crosswalk accidents. They’re more likely to suffer serious injuries and may face challenges recovering. Colorado law offers added protections to these groups in certain situations. For example:
Drivers are expected to exercise extra care: When children are present near schools, parks, or residential areas.
Lower speed limits: School zones and senior centers often have reduced speed limits to increase safety.
Guardians can bring claims: Parents or adult children can file claims on behalf of minors or elderly loved ones.
If your child or elderly family member has been hurt in a crosswalk, it’s especially important to get legal guidance. These cases often involve long-term care needs and future planning.
FAQs
What Compensation Can Injured Pedestrians Seek?
After a serious injury, the financial and emotional toll can be overwhelming. Colorado law allows injured pedestrians to pursue compensation from the at-fault party for a wide range of losses. Here’s what a pedestrian injury claim might cover:
Medical expenses: Including emergency care, surgeries, hospital stays, physical therapy, and future treatments.
Lost wages: If you’ve missed work or can’t return due to your injuries, those lost earnings may be recoverable.
Pain and suffering: Physical pain, emotional trauma, and diminished quality of life are compensable under state law.
Loss of earning capacity: If injuries permanently affect your ability to work or earn a living.
Property damage: Reimbursement for broken glasses, damaged phones, or torn clothing.
Wrongful death damages: If a loved one was killed in a crosswalk accident, families may pursue compensation for funeral costs, lost companionship, and more.
The amount of compensation depends on the facts of the case, including how serious the injuries are and the degree of fault. An experienced attorney will know how to build a case that reflects the full scope of what you've lost.
What Happens If the Driver Flees the Scene?
Hit-and-run accidents are tragic and frustrating. When a driver hits a pedestrian and flees, it can feel like justice may never come. But there are still legal options. Victims of hit-and-run accidents may be able to:
Use their own auto insurance: If they have uninsured motorist (UM) coverage.
Access the Colorado Crime Victim Compensation Fund: This may help cover medical bills or counseling.
Work with law enforcement: Sometimes, surveillance or witness accounts lead to identifying the driver.
An attorney can coordinate with investigators, gather alternate sources of compensation, and help track down the driver if possible.
What If the Pedestrian Was Partially at Fault?
Not all crosswalk accidents are one-sided. Sometimes, the pedestrian may have been distracted or crossed against a signal. Colorado’s modified comparative fault rule allows for partial fault, but it affects how much money the injured person can recover. Here’s how it works:
If you're found to be 10% at fault, your compensation is reduced by 10%.
If you're 50% or more at fault, you won't recover anything.
This rule makes it especially important to fight back against exaggerated or unfair accusations. Insurance companies often try to shift the blame to lower the amount they have to pay.
Enlist Experienced Legal Counsel Today
Crosswalk accidents are some of the most devastating traffic incidents. Don’t wait to get legal advice. I serve clients in Denver, Colorado, and throughout the Denver Metro area, including Aurora, Golden, Lakewood, Arvada, Boulder, Brighton, Englewood, Castle Rock, Littleton, and Highlands Ranch. Contact the Law Offices of Malcolm B. Seawell, PC for a consultation.