Are Drivers Always at Fault in Pedestrian Accidents?

When a pedestrian is hit by a vehicle, the natural assumption is that the driver is always at fault. After all, pedestrians are vulnerable and unprotected, while drivers operate heavy machines capable of causing devastating harm. However, Colorado law doesn’t automatically assign blame to the driver in every pedestrian accident. In some cases, pedestrians can be partially—or even primarily—responsible for the crash.

At the Law Office of James Colgan, we represent injured pedestrians throughout Northglenn and the surrounding areas who have been hit by careless or inattentive drivers. These cases often involve serious injuries such as fractures, spinal damage, or traumatic brain injuries. Understanding how fault is determined under Colorado law is crucial when seeking compensation for your injuries and losses.

When Drivers Are Liable for Pedestrian Accidents

Most pedestrian collisions do result from driver error. Motorists have a legal obligation to exercise caution behind the wheel, especially in areas with high foot traffic. When a driver fails to uphold this responsibility and causes an injury, they can be held liable through a personal injury claim.

Common ways drivers are found negligent in pedestrian accidents include:

• Failure to yield at marked or unmarked crosswalks
• Speeding, especially in school zones or residential neighborhoods
• Running red lights or stop signs
• Driving under the influence of drugs or alcohol
• Distracted driving, such as texting, eating, or adjusting a GPS

When a driver strikes a pedestrian due to one of these behaviors, their insurance company may be responsible for covering medical expenses, lost wages, pain and suffering, and long-term disability or rehabilitation needs.

Can a Pedestrian Ever Be at Fault?

Yes—and this often surprises people. Colorado follows a modified comparative negligence rule. This means that if a pedestrian is found to be partially at fault for the incident, their compensation may be reduced by their percentage of fault. If they are found to be 50% or more at fault, they may be barred from recovering any damages.

Situations where a pedestrian might be partially at fault include:

• Crossing the street outside of a designated crosswalk
• Disregarding traffic signals or “Don’t Walk” signs
• Walking into traffic unexpectedly or from between parked cars
• Being distracted while walking—using a phone, wearing headphones, etc.
• Walking in the road when a sidewalk was available and usable

For example, if a pedestrian darts into traffic and is hit, the driver may still share some responsibility (such as speeding or failing to react in time), but the pedestrian’s own behavior will also be evaluated. If the pedestrian is determined to be 30% at fault and the total damages are $100,000, their compensation would be reduced to $70,000.

How Fault Is Determined in Colorado Pedestrian Cases

Proving fault in pedestrian accidents requires a detailed investigation. Insurance companies often look for ways to blame the pedestrian in order to limit payouts. That’s why it’s important to work with an attorney who can build a strong case with the right evidence.

Our firm gathers the following to establish liability:

• Police reports documenting the scene and initial findings
• Eyewitness testimony from bystanders or nearby drivers
• Traffic camera or surveillance footage capturing the incident
• Photographs of skid marks, vehicle damage, and traffic signage
• Cell phone records or dash cam footage if distraction is suspected
• Accident reconstruction experts to analyze the timing and angles of impact

This evidence is critical in contested liability cases—especially when the insurance company claims the pedestrian was jaywalking, inattentive, or impaired.

Why Shared Fault Cases Require Legal Help

When both the driver and the pedestrian share fault, the legal and insurance process becomes more complicated. Insurance adjusters are trained to reduce or deny claims, often by twisting facts or emphasizing minor errors by the pedestrian. Without an experienced advocate on your side, you could be blamed unfairly—or offered far less than your case is worth.

At the Law Office of James Colgan, we focus on helping victims who have suffered severe, life-changing injuries. These include head trauma, multiple fractures, nerve damage, or long-term disability. In cases like these, compensation must reflect the full cost of medical treatment, ongoing care, emotional distress, and diminished quality of life.

Learn more about how we handle serious vehicle accident cases, including those involving injured pedestrians.

If You Were Hit by a Car, We’re Ready to Help

Pedestrian accidents can result in catastrophic injuries that affect every part of your life. From mounting medical bills to weeks or months off work, the physical and financial toll can be overwhelming. If someone else’s negligence caused your injuries, you have every right to seek compensation—and we’re here to help you do that.

At the Law Office of James Colgan, we help clients across Northglenn and the greater Denver metro area pursue full and fair compensation after being struck by a vehicle. Our team handles everything from investigating the crash to negotiating with the insurance company to preparing your case for trial if needed.

You may be eligible to recover damages for:

• Emergency medical care and hospitalization
• Follow-up treatment, physical therapy, and long-term rehabilitation
• Lost wages and reduced earning potential
• Emotional distress and pain and suffering
• Loss of enjoyment of life and permanent disability

Contact us today to schedule a free consultation. We’ll listen to your story, evaluate your case, and help you take the next step toward recovery and justice.