While there are countless signs and traffic signals intended to keep pedestrians safe near Colorado’s roadways, it is impossible to predict others’ negligence. Auto-pedestrian accidents can happen with virtually no warning at all. If you or a loved one has suffered injuries in an auto-pedestrian accident, call our firm. An Aurora pedestrian accident attorney can provide the legal guidance you need to secure compensation for your losses.
Choose the Law Firm of Jeremey Rosenthal
An auto-pedestrian accident will almost certainly result in injury to the pedestrian involved in the incident. Pedestrians have no physical protection whatsoever if a driver negligently strikes them. At the Law Firm of Jeremy Rosenthal, we know that pedestrian accidents can cause devastating injuries, long-term medical complications, and even permanent disability. We have the skills and resources to determine your best options for legal recourse after experiencing an auto-pedestrian accident in the Aurora area.
As your Aurora pedestrian accident attorney, Jeremy Rosenthal and his team will thoroughly investigate every aspect of your case and help you determine the full scope of your damages. We are accustomed to handling difficult cases and can assist you in gathering physical evidence, collecting witness statements, and provide detailed, responsive communication throughout all of your legal proceedings.
Common Injuries in Auto-Pedestrian Accident Claims
Whenever a driver strikes a pedestrian, the pedestrian could sustain a number of serious or life-threatening injuries. Auto-pedestrian accidents can easily cause injuries like:
- Bone fractures, both from the vehicle’s initial impact striking the pedestrian and the secondary impact of the pedestrian hitting the ground.
- Traumatic brain injuries. Any blow to the head has the potential to cause a concussion or more severe brain injury, potentially leading to permanent damage and impairment.
- Spinal cord injuries. Any damage to the spine can interrupt the brain’s neurological communication and the rest of the body, potentially leading to permanent loss of function or full or partial paralysis.
- Soft tissue injuries. It’s not uncommon for auto-pedestrian accident victims to suffer injuries to the muscles, tendons, and ligaments that may require surgical correction.
- Internal organ damage. Traumatic impact to the body can easily damage the body’s organs and cause internal bleeding.
- Psychological trauma. Many people who experience auto-pedestrian accidents experience Post-Traumatic Stress Disorder, anxiety, and other mental health issues after their accidents.
It’s easy to see how an auto-pedestrian accident can lead to very serious medical complications, some of which may lead to long-term or permanent lifestyle changes, including diminished physical capability, lower earning capacity, and loss of enjoyment of life. An Aurora pedestrian accident attorney can help you assess the full scope of your damages to maximize your compensation from a successful pedestrian accident claim.
Proving Fault for a Pedestrian Accident Claim
Pedestrians always have the right-of-way on Colorado streets, even if traffic signals indicate it is not safe to cross a street or if a pedestrian crosses outside of a crosswalk. In these situations, the pedestrian may absorb some measure of liability for a subsequent auto-pedestrian accident. However, drivers still have a much higher duty of care when it comes to preventing accidents with pedestrians.
If a pedestrian is partially at fault for an auto-pedestrian accident in the Aurora area, Colorado’s modified comparative negligence laws may lead to the pedestrian absorbing some liability for the resulting damages. Modified comparative negligence law allows a plaintiff to recover compensation when they are partially at fault for causing their damages, but only up to 50% fault. If the plaintiff’s fault exceeds 50%, they cannot recover any damages. Since motor vehicle drivers have a higher duty of care to prevent pedestrians’ injuries, it is very unlikely for pedestrians to disqualify themselves from compensation under Colorado’s modified comparative negligence law.
The cornerstone of a successful pedestrian accident claim is proving that the defendant named in the claim was negligent in some way that directly caused the plaintiff’s claimed damages. The plaintiff and their Aurora pedestrian accident lawyer will also need to provide a complete breakdown of all of the plaintiff’s damages resulting from the accident in question as well as evidence proving those damages did not result from another cause.
Winning Your Claim and Securing Compensation
Your Aurora pedestrian accident lawyer will help you gather the evidence and witness statements you need to prove fault for your auto-pedestrian accident. If successful in your claim, you could potentially receive several forms of compensation, including:
- Full repayment of all medical expenses you incurred due to the defendant’s negligence, including the costs of your projected future medical expenses.
- Compensation for lost income. If your accident caused a permanent disability that interferes with your ability to work, you may also recover compensation for your lost future earning potential.
- Compensation for physical pain and emotional suffering. A judge typically awards pain and suffering in proportion to the victim’s other compensatory damages and the severity of their injuries.
- Property damage coverage, in the event your auto-pedestrian accident resulted in the loss of your personal property.
- Punitive damages are awarded to punish the defendant’s egregiously negligent or criminal behavior. For example, a driver who strikes and injures a pedestrian due to driving under the influence of alcohol would likely face criminal prosecution in addition to civil action from the victim, and punitive damages may form only a fraction of their total punishment.
It is not uncommon for an auto-pedestrian accident to be a life-changing event. After suffering serious injuries and managing the early stage of recovery, you may need to confront mounting financial issues due to the inability to work and manage your household. The sooner you seek legal counsel from a reliable Aurora pedestrian accident attorney, the sooner you can begin working toward the recovery you need to feel whole again.
Find Your Attorney Today
At the Law Firm of Jeremy Rosenthal, we understand how much an auto-pedestrian accident can change your life. We want to provide the comprehensive, responsive, and compassionate legal representation you need to make the fullest recovery possible. If you or a loved one recently suffered injuries while walking as a pedestrian in Aurora, contact our team today to schedule a consultation with a trustworthy Aurora pedestrian accident attorney.