Boulder Pedestrian Accident Attorneys

Experienced Pedestrian Accident Lawyers in Boulder, CO

There are few things more traumatic than having a car hit you while you are walking down the street. You may be feeling shock or even anger at the person who hit you. If your loved one was in a pedestrian accident, you may be struggling to help them cope with what they have suffered. Or if the worst has happened, you may be grieving from their loss. 

At Sloat, Nicholson & Hoover, P.C. our Boulder pedestrian accident lawyers have extensive experience helping our clients effectively bring claims against negligent motorists.

We know what you are suffering, and we are here to help. We will be by your side every step of the way as you fight for the compensation you deserve after a pedestrian accident in Boulder, CO. Contact us today!

When Is a Driver Legally Responsible for a Pedestrian Accident?

When discussing liability in a pedestrian accident, the first place to start is with the “duty of care.” Duty of care is the legal standard under which the law of negligence examines most accidents. A person is negligent when they:

• Owe a duty of care to another;
• Breach their duty of care to the other person; and
• Injure the other person as a result of the breach.

In general, a driver has a duty to operate their vehicle responsibly and according to all traffic laws. Motorists owe a duty of care to everyone using the roadways—including pedestrians. On the flip side of the coin, pedestrians also have a duty of care to look out for their own safety, as well as the safety of others.

In an accident involving a pedestrian and a vehicle, the pedestrian’s actions are critical to determining who was at fault. However, fault does not have to rest solely with either the pedestrian or the motorist; a judge or jury can assign each party involved in an accident a percentage of fault. Consulting a skilled Boulder pedestrian accident attorney is essential to understanding liability in such an accident.

Common Causes of Pedestrian Accidents in Colorado

Pedestrian accidents are rarely intentional; however, they are almost always avoidable. “Breach” is the second element of a personal injury case. To successfully bring a pedestrian accident lawsuit, you must not only establish that the driver owed you a duty of care but also that they violated the duty they owed to you.

Some of the most common causes of pedestrian accidents include:

• Distracted driving,
• Speeding or other types of aggressive driving,
• Drunk driving,
• Misjudging distance,
• Failure to yield the right of way, and
• Exercising poor judgment.

Drivers breach their duty of care when they hit a pedestrian due to one of these behaviors. Of course, this is just a partial list; there are many other ways a driver can breach a duty of care owed to a pedestrian.

Can Pedestrians Still Recover from an at-Fault Driver If They Were Also Negligent?

A distracted, negligent, reckless, or intoxicated pedestrian can contribute to their own accident with a vehicle.

Thus, when both sides contribute to the accident, blame must be divided between the parties. Colorado law allows for victims to collect compensation even if they contributed to the event—provided the contribution was less than 50%.

Bear in mind, however, that any fault assigned to you will reduce your damages by the percentage of blame you had in causing the accident. A Boulder pedestrian accident lawyer can help you understand who was liable for your accident and what compensation you can expect to collect.

Common Pedestrian Accident Injuries

When a pedestrian gets hit by a car, it almost always results in serious—and potentially life-threatening—injuries. Some of the most common pedestrian accident injuries include:

• Traumatic brain injuries,
• Spinal cord injuries,
• Broken bones, and
• Soft tissue injuries.

A pedestrian accident attorney can take your doctor’s evaluation of your injuries, analyze it in light of current and future expenses, and seek an appropriate damage award.

Sadly, many pedestrian accidents are fatal. In fact, according to the Colorado Department of Transportation, there were 93 pedestrian accidents in 2019. This was a 22% increase from the previous year. Following a fatal pedestrian accident, family members can pursue a Boulder wrongful death lawsuit.

Compensation for Your Injuries

Following a Boulder pedestrian accident, you can seek compensation for multiple types of damages.  Usually, those damages fall into the following categories:

• Medical costs—past, current, and future;
• Rehabilitation—past, current, and future;
• Lost wages—missed time at work due to the accident;
• Lost earning capacity—the loss of future ability to work at pre-injury levels;
• Disfigurement;
• Loss of consortium;
• Wrongful death;
• Pain and suffering; and
• Loss of enjoyment of life.

After an accident, properly identifying and quantifying your damages is essential. This not only gives you an idea of what to expect, but also helps in understanding an insurance company’s settlement offer. An experienced attorney can help you measure your damages and organize them into a powerful claim.

To satisfy or collect any damage award, you generally have three potential sources.

The first is the driver’s car insurance. However, insurance companies are in the business of settling every case for as little as possible. They often blame you for the accident in an effort to reduce the amount of money they need to pay out. Therefore, having an experienced pedestrian accident lawyer on your side will help push back against “low ball” settlement offers.

The second source is the driver and their personal assets. A skilled attorney can help you discover property, investments, and other assets to satisfy a liability award.

Finally, and sometimes overlooked, is your own uninsured motorist insurance. If the driver who hit you has no insurance and no assets, then your own insurance policy can provide some compensation. Again, remember that the insurance company (even your own) is not on your side, and using a skilled pedestrian accident lawyer can help maximize any payout.

Contact Our Boulder Pedestrian Accident Attorneys to Schedule a Free Consultation Today

Sloat, Nicholson & Hoover, P.C., has over 100 years of combined experience in personal injury law. Our attorneys are skilled pedestrian accident lawyers and know how to handle insurance companies. We can help you gather and present the necessary evidence to prove the driver’s fault and maximize your compensation. Contact us today for a free consultation. 

Our experienced lawyers also handle clients with other types of cases, including

• auto vehicle accidents,
• bike accidents,
• brain injuries,
• dog injuries,
• motorbike accidents,
• drunk driving accidents, 
• ski accidents,
• trip and fall,
• spinal cord injuries,
• trucking accidents, and
• wrongful death claim.