Pedestrians face many risks any time they walk near traffic in busy metropolitan areas. Unfortunately, not all drivers take their legal responsibilities behind the wheel seriously enough and cause serious accidents, sometimes involving pedestrians. For example, a driver in Colorado always has a duty of care to yield the right of way to nearby pedestrians and do everything possible to avoid hitting pedestrians. When they fail to do so, pedestrian accidents result, and victims are likely to have many pressing legal questions about how they might recover.
Legal Representation for Injured Pedestrian Accident Victims in Broomfield
If you or a loved one recently suffered injuries from being hit by a car in the Broomfield area, the Law Firm of Jeremy Rosenthal can assist you with your recovery efforts. Our team has years of experience representing personal injury clients in all types of cases and can provide the flexible and responsive legal counsel you need for your impending case. The sooner you hire an experienced Broomfield pedestrian accident attorney to assist you with your case, the better your chances are of reaching the results you hope to see from your claim.
What to Expect From Your Broomfield Pedestrian Accident Attorney
Legal counsel you can trust is an invaluable asset for any type of personal injury claim. Your attorney can manage all your case proceedings on your behalf and prepare you for each new stage of your case until you reach the best possible outcome. While it’s technically possible for the victim of a personal injury to attempt to handle their own recovery efforts, this is inadvisable for any driver who has suffered severe injuries.
If you try to handle your case alone, you will contend with your medical needs while simultaneously fielding very strict procedural requirements. Whether you need to file an auto insurance claim, a personal injury action, or both to recover your damages, you have the best chances of success with all the recovery efforts you pursue with experienced legal counsel advising you. This eliminates the risk of procedural errors interrupting your case or you unintentionally settling for far less compensation than you legally deserve.
Your Broomfield pedestrian accident attorney can gather the evidence needed to form the foundation of your claim while you receive the medical attention you need to recover from your injuries. Your case may involve various unique factors that will require an experienced attorney’s attention, and securing legal counsel as soon as possible after an accident gives your legal team as much time as possible to work on your case.
Proving Liability for a Pedestrian Accident in Broomfield
Whenever a motor vehicle driver hits a pedestrian, the driver is almost always at fault for the incident. Of course, it is possible for a pedestrian to bear partial liability for a pedestrian accident, but these cases are exceedingly rare, and even when pedestrians are found partially liable for such accidents, the fault they bear is usually much less than the defendant’s. Your Broomfield pedestrian accident attorney will gather the evidence and testimony you need to firmly prove fault for your recent accident and establish the full scope of your claimable damages.
A pedestrian accident is technically a type of motor vehicle accident, and the first step for any victim of this type of incident is usually an auto insurance claim against the at-fault driver’s policy. The driver responsible for causing a pedestrian accident may have enough coverage to fully compensate the victim’s losses, but this is unlikely if the plaintiff suffered any serious injuries. A good attorney can help their client maximize an insurance claim settlement before proceeding with further legal recourse on their client’s behalf to increase the total compensation they secure.
In the event that a pedestrian is found partially liable for their accident due to jaywalking or some other comparative negligence, the plaintiff loses a percentage of their case award to reflect this. For example, if a plaintiff claimed $500,000 in damages and bears 10% fault, this would mean losing $50,000 of their final case award. Your legal team can help you minimize any comparative fault you bear and fight any false allegations of comparative negligence levied against you by the defendant.
A Broomfield pedestrian accident attorney can assist you in filing an auto insurance claim, addressing any disputes that arise with the insurance carrier until you receive a suitable settlement offer. After exhausting the preliminary recovery options available to you, they will then move to building your personal injury case and determining the damages you can claim from the defendant.
Compensation for a Pedestrian Accident
The victim of any personal injury in Colorado has the right to reasonably expect full repayment of all the economic losses they suffered because of the defendant’s negligence or misconduct. The average person can likely assess hospital bills and missed time from work as immediate economic damages, but experienced legal counsel will likely be necessary for accurately determining the long-term or permanent damages they can seek with their claim.
State law also enables the plaintiff in a personal injury case to seek pain and suffering compensation. State law limits this aspect of the plaintiff’s recovery to $250,000 unless they have clear and convincing evidence of liability, in which case the cap increases to $500,000. However, if they sustained a permanent injury from the defendant’s actions, the cap on their pain and suffering compensation is removed entirely, and their attorney can help them determine a suitable amount to include in their claim.
When you have an experienced legal team managing your personal injury case in Broomfield, you can rely on them to maximize your compensation to the fullest extent allowable under state law. The Law Firm of Jeremy Rosenthal excels at handling complex personal injury claims, including those in which liability isn’t immediately clear and when plaintiffs have suffered catastrophic injuries. Our goal is to help you determine the best recovery options and maximize their results. Of course, we’ll seek to settle your case as swiftly as possible if we can, but if your case must unfold through litigation, we are fully prepared to defend you in court.
Pedestrians Personal Injury FAQs
Q: Can a Pedestrian Be at Fault for a Pedestrian Accident?
A: A driver has a higher duty of care to avoid hitting pedestrians than a pedestrian has to avoid being hit. Pedestrians have the right of way at all times, so when a driver hits a pedestrian, this typically indicates a failure to yield and liability for the resulting damages. If a pedestrian jaywalks or otherwise contributes to causing the accident, then the state’s modified comparative negligence law could apply to your case, and you would lose some of your case award. If a plaintiff’s fault exceeds 50%, they lose the right to recover damages under the modified comparative negligence statute.
Q: What Happens If a Pedestrian Is Fatally Hurt?
A: If a driver hits and kills a pedestrian, the victim’s family may pursue a wrongful death claim to recover the losses the family sustained from the death. This type of case is similar to a personal injury case in some functional ways; however, a wrongful death claim seeks compensation for the family’s losses, not the victim’s like a personal injury claim. Therefore, you need an attorney experienced with wrongful death actions to guide you and your loved ones through the legal proceedings you face after losing a relative in a fatal pedestrian accident.
Q: How Much Compensation Can I Claim for a Pedestrian Accident in Colorado?
A: State law allows the victim of any personal injury to seek full compensation for their economic losses from the defendant, including immediate and future medical expenses and lost income resulting from the incident. They also have the right to pain and suffering compensation. This form of compensation is limited in most cases, but the cap is lifted for any plaintiff who suffered a permanent injury from their experience.
Q: Will a Driver Go to Jail for Hitting a Pedestrian?
A: If a driver hits and injures a pedestrian through negligence or carelessness, they would be unlikely to face prosecution unless they caused catastrophic or fatal injuries through an egregious lack of reasonable care. It is also possible for a defendant to face charges for causing a bicycle accident through any intentional misconduct, such as driving while intoxicated by alcohol or drugs. Your Broomfield pedestrian accident attorney can advise you on how any such factors may influence your recovery efforts.
Q: Is It Worth Hiring a Broomfield Pedestrian Accident Attorney?
A: You might hesitate to hire personal injury representation, but the right attorney handling your case will make a tremendous difference in the outcome of all the recovery efforts you pursue after a pedestrian accident. With contingency fee billing from the Law Firm of Jeremy Rosenthal, there is no financial risk to securing our legal counsel and no fee if we fail to secure a recovery for your damages.
The Law Firm of Jeremy Rosenthal is committed to client recovery in all the personal injury cases we accept. We know the challenges and opportunities you may face in the recovery efforts ahead of you and want to help you reach the best outcomes possible. If you’re ready to discuss your recent pedestrian accident with an experienced Broomfield pedestrian accident attorney, contact the Law Firm of Jeremy Rosenthal today to schedule a free consultation with our team.