Colorado recorded over 1,200 pedestrian injuries and nearly 100 pedestrian deaths in 2024. If you were hit by a vehicle while walking in Aurora, Denver, or anywhere in Colorado, understanding the state’s pedestrian accident laws is the first step toward protecting your rights and recovering fair compensation.
Key Takeaways
- Colorado law gives pedestrians the right of way in crosswalks but also requires them to follow traffic signals and avoid suddenly entering the path of a vehicle that cannot stop in time.
- Even if you were jaywalking or crossing outside a crosswalk, you can still recover compensation under Colorado’s comparative fault law, as long as you were less than 50% responsible.
- Pedestrian accident injuries tend to be more severe than car-on-car collisions. The lack of any protective barrier between the pedestrian and the vehicle means broken bones, head injuries, and internal damage are common.
Colorado’s Right-of-Way Laws for Pedestrians
Colorado law establishes specific rules about when pedestrians have the right of way — and when they do not:
When Pedestrians Have the Right of Way
- Marked crosswalks: Drivers must yield to pedestrians in marked crosswalks at intersections (C.R.S. § 42-4-802)
- Unmarked crosswalks: Every intersection has a legal crosswalk, even without painted lines. Drivers must still yield.
- Traffic signals: Pedestrians with a “walk” or green signal have the right of way
- Sidewalks: Drivers exiting driveways or alleys must yield to pedestrians on sidewalks
When Pedestrians Must Yield
- Jaywalking: Pedestrians crossing outside a crosswalk must yield to vehicles (C.R.S. § 42-4-803)
- Against signals: Pedestrians crossing against a “don’t walk” signal do not have the right of way
- Between intersections: When crossing between adjacent intersections that have traffic signals, pedestrians must use the crosswalk
Critical point: Even when a pedestrian does not have the right of way, drivers still have a duty to exercise reasonable care to avoid hitting them. A driver who sees a jaywalking pedestrian and fails to brake, slow down, or take evasive action may still bear significant liability.
How Fault Is Determined in Colorado Pedestrian Accidents
Colorado uses a modified comparative fault system (C.R.S. § 13-21-111). This means:
- You can recover compensation as long as you are less than 50% at fault
- Your compensation is reduced by your percentage of fault
- If you are 50% or more at fault, you recover nothing
In pedestrian accident cases, fault determination considers:
- Whether the pedestrian was in a crosswalk
- Whether the driver was speeding, distracted, or impaired
- Visibility conditions (lighting, weather, obstructions)
- Whether the pedestrian was wearing dark clothing at night
- Whether traffic signals were functioning and obeyed
- Whether the driver had time to react and failed to do so
The Comparative Fault Fight
Insurance companies almost always try to assign partial fault to pedestrians. Common arguments include: “You were not in a crosswalk,” “You were wearing dark clothing,” “You stepped into the road suddenly,” or “You were looking at your phone.” An experienced attorney knows how to counter these arguments with accident reconstruction, witness testimony, and surveillance footage.
State Law
Under C.R.S. 42-4-802, drivers must yield to pedestrians in marked and unmarked crosswalks. However, C.R.S. 42-4-803 also requires pedestrians not to suddenly leave a curb and enter the path of a vehicle that is close enough to be an immediate hazard. Both drivers and pedestrians have duties under Colorado law, and fault is determined based on who violated theirs.
What Compensation Is Available to Injured Pedestrians
Pedestrians injured by negligent drivers can recover:
Economic Damages
- Medical expenses — Emergency room, hospital stays, surgery, rehabilitation, and future medical care
- Lost wages — Income lost during recovery
- Lost earning capacity — Reduction in future earning ability due to permanent injuries
- Out-of-pocket costs — Medical equipment, home modifications, transportation to appointments
Non-Economic Damages
- Pain and suffering — Physical pain from the injury and recovery
- Emotional distress — Anxiety, PTSD, depression, fear of crossing streets
- Loss of enjoyment of life — Inability to participate in activities you previously enjoyed
- Disfigurement — Scarring or physical changes from the injury
Wrongful Death
If a pedestrian dies from their injuries, Colorado’s wrongful death statute (C.R.S. § 13-21-203) allows certain family members to file a claim for funeral expenses, lost financial support, and loss of companionship.
Insurance Issues in Pedestrian Accident Claims
Pedestrian accident insurance claims can be more complex than typical car accident cases:
The Driver’s Liability Insurance
Your primary claim is against the driver’s auto insurance policy. Colorado requires minimum liability coverage of $25,000 per person. If your injuries are serious — and pedestrian injuries usually are — the minimum policy may not come close to covering your damages.
Your Own Insurance Options
- Uninsured/Underinsured Motorist (UM/UIM) coverage — If the driver has no insurance or insufficient coverage, your own UM/UIM coverage (if you have an auto policy) can fill the gap
- Medical Payments (MedPay) coverage — Your own auto policy may include MedPay that covers your medical bills regardless of fault — even when you are a pedestrian
- Health insurance — Your health insurance covers medical treatment, though your insurer may seek reimbursement from any settlement
Hit-and-Run Pedestrian Accidents
If the driver who hit you fled the scene, your uninsured motorist coverage becomes your primary source of recovery. File a police report immediately and contact an attorney — hit-and-run cases require quick investigation to identify the driver or, if the driver cannot be found, to properly access your own coverage.
Insurance Tactic
Insurance companies handling pedestrian claims almost always argue that the pedestrian shared fault. They will look for jaywalking, distracted walking (phone use), dark clothing at night, or any deviation from a crosswalk. An attorney experienced in pedestrian cases knows how to counter these arguments with evidence of the driver’s negligence.
Steps to Take After a Pedestrian Accident in Colorado
- Get medical attention immediately — Even if you think you are not seriously hurt. Adrenaline masks pain, and some serious injuries (brain bleeds, internal injuries) do not show symptoms right away.
- Call 911 — A police report creates an official record of the accident.
- Get witness information — Names and phone numbers of anyone who saw the accident.
- Photograph everything — The accident scene, your injuries, the vehicle, crosswalk markings, traffic signals, lighting conditions.
- Do not give the driver’s insurance a recorded statement — Be polite but tell them to contact your attorney.
- Contact a personal injury attorney — Before accepting any settlement offer.
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Frequently Asked Questions
Can I still recover compensation if I was jaywalking?
Yes, in many cases. Colorado’s comparative fault law means you can recover compensation even if you were partially at fault — as long as you were less than 50% responsible. Jaywalking does not automatically make you 50% at fault. The driver’s speed, attention, and ability to avoid the collision are all factors.
What is the statute of limitations for a pedestrian accident in Colorado?
Two years from the date of the accident (C.R.S. § 13-80-102). For minors, the clock does not start until they turn 18. Do not wait until the deadline approaches — evidence deteriorates and witnesses become harder to locate over time.
Do pedestrian accidents typically result in higher compensation than car accidents?
Often, yes. Pedestrians have no protection from the impact of a vehicle, so injuries tend to be more severe — broken bones, traumatic brain injuries, spinal cord damage, and internal organ injuries are common. More severe injuries mean higher medical costs, longer recovery, and greater impact on quality of life.
What if a child was hit by a car?
Colorado law holds drivers to a higher standard of care around children. Drivers are expected to be more cautious in school zones, residential areas, and places where children are likely to be present. Children under 18 cannot be held to the same standard of care as adults for comparative fault purposes. A parent or guardian files the claim on behalf of the child, and any settlement must be approved by the court.
Should I accept the insurance company’s first offer?
Almost never. Insurance companies make early offers hoping you will settle before you understand the full extent of your injuries and their long-term costs. For pedestrian accidents, where injuries are typically serious, settling too early can leave you responsible for hundreds of thousands of dollars in future medical care and lost income.
