Denver, CO, Pedestrian Accidents Lawyers Fighting for the Rights of the Injured
Denver is a beautiful city to explore on foot, with a historic downtown and walking tours offered on various themes. Other residents and visitors enjoy getting out daily just to breathe some fresh air and spend time outdoors. It seems like it should be a safe and fun activity, but according to AAA, Colorado pedestrian accident statistics have shown a significant increase in the number of incidents in the last few years, with most of these accidents occurring in urban areas, especially after dark. Unfortunately, this rise in pedestrian accidents caused by motor vehicle drivers is a trend seen across the U.S. in recent years, leading to increased pedestrian fatalities.
The Denver pedestrian accident attorneys at Genco Injury Attorneys are here to help if you’ve been hurt by a negligent driver while walking on Colorado’s beautiful roadways. We understand that the injuries suffered from a pedestrian accident can be devastating to you and your family. You deserve to get fair compensation so you can get your life back. Contact us today at 303-500-1376 to schedule a free consultation with one of our knowledgeable Denver pedestrian accident lawyers.
How Do Pedestrian Accidents Happen?
A pedestrian should theoretically be safe while walking along a rural road or around a city as long as they follow posted signs and rules, stay aware of their surroundings, and make themselves as conspicuous as possible by wearing high-visibility clothing. Unfortunately, even the safest and most attentive walkers could find themselves victims of a pedestrian accident with serious injuries. Even a parking lot can become an accident scene if drivers do not pay attention. With the rise of quieter electric vehicles, it can be harder to hear a car approaching, and many drivers do not notice pedestrians until it is too late. Other causes of pedestrian accidents related to motor vehicles include:
- Distracted driving
- Driving too fast through pedestrian-heavy areas, such as school zones, parking lots, and residential neighborhoods
- Not yielding to pedestrians at crosswalks
- Turning at an intersection without looking both ways
- Driving a vehicle at an inappropriate speed, causing an inability to stop in time for pedestrians
- Drunk or drugged driving
- Swerving onto sidewalks
- Not obeying traffic laws
- Texting or talking on the phone while driving
- Driving while fatigued
- Failing to stop at traffic control signals or stop signs
- Backing up in a parking lot without checking for pedestrians
How is Fault Determined in a Pedestrian Accident?
Determining fault for pedestrian accidents can sometimes be more complex than traffic accidents because of all the factors involved. At times, pedestrian accidents may not always be the fault of the driver of a vehicle. Sometimes the pedestrian may have been acting in an unsafe manner, such as jaywalking. But other factors could lead to pedestrian accident cases. For instance, crosswalks may be poorly designed or placed in a non-optimal location, which leads to accidents. A motor vehicle involved in an accident may suffer from manufacturing defects, such as a brake failure or a stuck gas pedal that could cause severe injuries or even pedestrian fatalities. There can also be completely non-vehicular causes of pedestrian accidents, such as poorly maintained sidewalks or debris from construction sites. Our experienced Colorado pedestrian accident lawyers will research every aspect of the incident to determine liability and build the most robust possible case to recover compensation for your injuries.
What Should You Do if You’ve Suffered a Pedestrian Accident Injury?
You expect to be safe while walking on a sidewalk, in a parking lot, or along a roadside, but pedestrian accidents occur in a split second. Once the accident has happened, what should you do? As with any type of accident, if you or anyone at the scene is severely hurt, call 911 immediately. If you have suffered suspected spine or head injuries, you should stay where you are and not move until emergency services arrive. Moving a person with a spinal injury can potentially exacerbate the damage and may lead to paralysis.
The accident must be reported to the police. Officers will arrive at the scene to handle the situation, interview everyone involved, and make their report. This report is vital to your insurance claim because it gives a third-party opinion on the accident and how it occurred, based on their trained observations. Be certain you know how to obtain this report once it is finished. Remember not to tell the police or anyone else at the scene that you are unhurt or discuss fault for the accident because these statements could be used against you later by the insurance company.
It is a good idea to contact a trusted Denver pedestrian accident lawyer as soon as possible after your accident and before you have to speak with the driver’s insurance. Your lawyer can deal with the insurance company on your behalf and ensure that you aren’t pressured into accepting a settlement that does not fully cover all of your financial losses. Your lawyer can also begin investigating your pedestrian accident claim while the evidence and accident scene is still new, which can benefit your case.
Do You Need to Seek Medical Care After a Pedestrian Accident?
A prompt medical evaluation is critical even if you feel you only have minor injuries following your pedestrian accident. You could be severely injured and not realize it due to the adrenaline present in your body after an accident. Neck and back injuries are particularly notorious for getting worse as time goes on. If you do not have medical records of an examination of your injuries after your accident and you file a pedestrian accident claim, it can be much harder to win your case. The defendant and their insurance company may argue that you were not seriously injured because you did not seek immediate care.
Once a doctor has seen you, be sure to keep any further scheduled appointments and closely follow their treatment instructions. Failing to do this can give an insurance company room to claim that you did not do everything in your power to get better. If you feel sudden symptoms such as increasing pain, painful headaches, numbness or tingling, difficulty breathing, dizziness, nausea, or vomiting in the days or weeks following the accident, seek immediate medical treatment because these could be delayed signs of serious injuries.
What Injuries Can a Pedestrian Accident Cause?
Although pedestrian accidents can be caused by unsafe walking surfaces or other conveyances such as bicycles, motorcycles, scooters, and more, most pedestrian accidents involve cars or trucks. The body is not built to withstand the force of an impact from a motor vehicle. When a pedestrian accident occurs, the aftermath can be devastating for the victim, both mentally and physically. Some of the most common pedestrian accident injuries sustained by victims include:
- Head trauma, including concussions and traumatic brain injuries (TBIs)
- Spinal cord injuries and paralysis
- Broken or fractured bones
- Lacerations and contusions
- Organ damage
- Internal bleeding
- Pelvic injuries
- Facial and dental injuries, including eye injuries, loss of vision, and jaw damage
- Crushed or severed extremities
- Post-traumatic stress disorder (PTSD), anxiety, and depression
- Wrongful death
What Compensation is Available to Pedestrian Accident Victims?
The two main categories of compensation that your pedestrian accident attorney may secure for you are economic and non-economic damages. Economic damages cover monetary losses the victim has had or may be expected to have due to the accident. Your lawyer will typically show these losses through bills, pay stubs, or other tangible proof. Economic damages may include:
- Medical expenses: Covers ER visits, hospital care, surgery, medications, doctor appointments, rehab appointments, and other medical expenses resulting from the accident.
- Lost wages: The wages the victim lost between the time of the accident and the lawsuit’s conclusion.
- Loss of earning capacity: If permanent injuries or disabilities occur, the victim may be able to show that their earning ability has been negatively impacted. The compensation is then calculated based on the amount the victim could have earned if the accident had not happened.
Non-economic damages are less tangible and may include:
- Pain and suffering: When calculating this compensation, the type of injury, the amount of pain caused, and how long the crash victim is expected to continue suffering are all considered.
- Mental anguish: Accidents can cause emotional distress, such as grief, depression, anxiety, and more, and the court may compensate a victim for these experiences.
- Loss of consortium: In an accident where someone has been killed or permanently disabled, this type of compensation may be awarded to a spouse, parents, and/or minor children of the victim.
Additionally, punitive damages could be awarded in the rare case that the defendant’s actions that caused the accident are deemed to be willful, malicious, or reckless. Punitive damages punish the offender and are supposed to dissuade others from similar actions in the future.
Why Should You Hire a Pedestrian Accident Lawyer?
If you or a loved one have been harmed in a pedestrian accident, you are likely facing a long road to recovery, with large medical bills. You should be able to focus on healing and spending time with your family, not wrangling with an insurance company over whether they will accept your claim. Our skilled pedestrian accident attorneys at Genco Injury Attorneys can make the claims process much easier for you. We will work tirelessly on your behalf to secure the compensation you deserve. Call us today to set up a free consultation with a pedestrian accident attorney who is ready to serve you: 303-500-1376.