Pedestrian Motor Vehicle Accidents
Distracted driving is an epidemic problem. This includes not paying attention to people crossing the street because the driver is talking on the cell phone, using an app, listening to loud music, smoking or looking at the navigation route.
As you can imagine, when a heavy metal box like a vehicle hits a person who walking, serious injuries can result. Common injuries include broken hips, legs, ribs, concussions, bleeds in the brain.
Cars on average weight between 3000 pounds for a compact car and 3500 pounds for an SUV.
The Colorado State Patrol says, "The Crosswalk is a no-car zone." According to its website:
Ninety-three lives were lost in 2017—up 11 percent from the 84 pedestrian fatalities in 2016—and up a whopping 45 percent from 2015, when 64 pedestrians died.
The Colorado State Patrol started a campaign to reduce pedestrian injuries and death. It titled its campaign, Fred Estrian, a play on words with pedestrian.
The reason it is important to have laws in place to protect pedestrians is because of how active Coloradans and people who visit the state are.
Colorado boasts 300 days of sunshine each year, which means people are outdoors.
90% of Coloradans report that they participate in outdoor activities whether it is hiking, walking, biking, rafting, kayaking or some other activity. All these outdoor activities require people to get out of their cars and walk across streets.
Colorado drivers need to be attentive to pedestrians crossing the street.
The Law on Protecting Pedestrians in the Crosswalk
In Colorado, the pedestrian has the right of way over vehicular traffic if the pedestrian is in the crosswalk. The Colorado Legislature has codified the laws on pedestrians in Colorado Revised Statutes 42-4-801 et sequitur.
An injured pedestrian has a claim against the driver who hits the pedestrian if the driver's caused the injuries and was at-fault for the collision. The pedestrian's claims include compensation for medical treatment, future medical treatment, loss of the enjoyment of the quality of life, stress and inconvenience, pain and suffering, permanent impairment and scarring.
In general according to Colorado law, "Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person upon a roadway."
It is important if you have been injured by an errant vehicle to speak to an attorney about who is responsible and about the harms and losses stemming for the accident.
The insurance company for the at-fault driver will be contacting the injured pedestrian shortly after the crash. The pedestrian should know his or her legal rights before speaking to the insurance company.
Pedestrian Motor Vehicle Accident Reconstruction
One reason to meet with an attorney shortly after the injury is so that the attorney can gather the facts about the accident.
In some cases, the attorney will use an expert to reconstruct the collision using:
- estimates on the speed of the vehicle based on size, weight, car manufacturer data
- estimates on the speed of the pedestrian (people walk about 3 to 4 miles per hour)
- reaction times of the driver to stop the vehicle
- stop time for the vehicle
- object thrown in the air
- the distance the person was thrown by the vehicle
- damage to the vehicle caused by the person's body
- other factors
There may be witnesses or photographs to take. The attorney will gather the police report, photographs taken by the police, video if any as well as the measurement taken by the police
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Hire us to Resolve Your Pedestrian Accident Case
If you have been injured as a pedestrian, it is important to consult with an attorney right away. Your attorney will help you understand how the collision occurred and who is responsible for compensating you for your injuries.
You can chat with us now on line, Lee Myers, & O’Connell, about a free consultation to understand your rights or call us.
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