Fort Collins Pedestrian Accident Attorneys
Pedestrians in the Fort Collins, CO, area typically move through the area in relative safety, but pedestrian accidents can and do happen throughout the state. When these incidents occur, those affected typically sustain life-changing or even fatal injuries. All drivers have a responsibility to avoid hitting pedestrians at all times, even when pedestrians fail to uphold their own duties of care. Any pedestrian accident can not only lead to substantial damages for the victim but also complex questions of liability and a host of long-term implications for the parties involved.
Experienced Legal Representation for Victims of Pedestrian Accidents in Fort Collins, CO
The Law Firm of Jeremy Rosenthal has years of professional experience representing Fort Collins personal injury claims, including those pertaining to pedestrian accidents. We understand the risks, challenges, and opportunities that the victim of a pedestrian accident might face in their recovery efforts. We have the resources and experience to handle the toughest cases, including those involving unclear liability, extraordinary injuries, and long-term damages the average person would likely struggle to accurately calculate.
Our goal in every case we accept is to help our client recover to the fullest extent possible under state law. We take time to listen to the client’s story, learn the effects their accident has had on their life, and help them make informed decisions regarding each aspect of their recovery. Whatever your unique case entails, you can rest assured that the Law Firm of Jeremy Rosenthal is fully equipped to streamline your recovery efforts and help you reach the best possible conclusion to your case.
Proving Liability for a Pedestrian Accident
Every driver in Fort Collins, Colorado has a duty of care to avoid hitting pedestrians at all times, and pedestrians have a duty of care to heed crosswalk indicators and pay attention to surrounding traffic before crossing streets. Unfortunately, any lapse in reasonable care can easily lead to a devastating accident. If you or a loved one recently suffered injuries from a pedestrian accident, the first step in recovering from the incident is proving exactly how it happened and who is responsible.
A pedestrian accident can happen due to negligence, the legal term for a failure to exercise reasonable care, or it may happen from intentional misconduct like drinking and driving. Your Fort Collins pedestrian accident attorney will be invaluable for helping you establish liability for your damages. Physical evidence, witness statements, expert witness testimony, and various other elements may all be crucial for proving fault and disproving claims of comparative fault from the defendant.
Colorado enforces a modified comparative negligence law that may come into play in any pedestrian accident case in which the pedestrian shares liability for the incident. The most common way for a pedestrian to absorb comparative fault is by jaywalking or illegally crossing the street. A driver still has a duty of care to avoid hitting a pedestrian when they jaywalk, but if the pedestrian steps into the road too close to an oncoming car, the driver may not have any time to stop, swerve, or otherwise avoid a collision. In this situation, the pedestrian would likely absorb some comparative fault for the incident. The judge would assign a fault percentage based on the plaintiff’s level of contribution to causing the accident, and they will lose this percentage of their final case award. As long as a plaintiff’s fault does not exceed 50%, they can still secure a diminished recovery, but if their fault is over 50%, they may not claim compensation from the defendant at all.
Damages and Compensation for a Pedestrian Accident
Any time a driver hits a pedestrian, they can easily inflict serious injuries, some of which can be fatal if the victim does not receive prompt medical assistance. Colorado law enables the victim of any personal injury to seek full repayment of all the damages the defendant inflicted on them. Economic damages an injured pedestrian is likely eligible to claim medical expenses and lost income, both short and long-term. Any economic loss generated by a pedestrian accident is claimable in the victim’s personal injury action, and your Fort Collins pedestrian accident attorney can help you prove the full extent of the economic damages you are eligible to claim from the defendant.
State law also permits a personal injury plaintiff to seek compensation for their pain and suffering, but state law limits this aspect of their recovery. Most plaintiffs will be limited to $250,000 in pain and suffering compensation with a potential increase to $500,000 with clear and convincing evidence of the defendant’s liability. If a pedestrian suffers any catastrophic injury like traumatic brain damage, spinal cord damage, or any other injury that results in permanent medical complications and/or disabilities, they are likely to face a host of long-term challenges due to their accident. If you want the best chance of maximizing the pain and suffering you receive for your pedestrian accident, it is crucial to have an experienced Fort Collins pedestrian accident attorney handling your case.
What to Expect From Your Fort Collins Pedestrian Accident Attorney
The thought of hiring legal counsel when you are already struggling with the economic impact of your accident can be daunting, but the reality is that hiring the right attorney to handle your case can tremendously boost the value of the final compensation you obtain. Your attorney can make every aspect of your case easier to manage and more likely to generate the results you hope to see. When you choose the Law Firm of Jeremy Rosenthal to represent you in your recovery efforts, you can expect responsive communication and ongoing support through the entirety of your proceedings as soon as you secure our representation for your case.
We will begin by helping you assess fault for the incident in question and determine whether you could potentially face partial liability. We can gather physical evidence as well as digital records like vehicle computer data and cell phone records that can help you establish fault, such as failure to yield the right of way, a moving violation, or speeding. We can also help you calculate the full scope of your claimable damages, and it’s common for our clients to initially undervalue their claims, only realizing how much they can legally claim once they secure our firm’s representation.
Ultimately, you have the best chance of winning your pedestrian accident case with an experienced attorney on your side. You are also more likely to maximize your final case award and minimize the impact of any comparative fault you may hold. We will strive to settle your claim as quickly as possible, but if litigation is necessary, our team is prepared to represent you in court.
Pedestrian Accident Lawyer FAQs
Q: How Much Compensation Can I Receive for a Pedestrian Accident in Fort Collins?
A: When a driver hits a pedestrian, the victim is likely to sustain severe injuries. If you have grounds for a civil claim for damages against the party responsible for your pedestrian accident, an experienced Fort Collins pedestrian accident attorney can help you hold them accountable for all of the economic losses their actions caused. You can also claim compensation for your pain and suffering, and your attorney can help you maximize this aspect of your recovery. The total potential value of a pedestrian accident claim hinges on the severity of the resulting damages.
Q: Will a Driver Go to Jail for Hitting a Pedestrian?
A: If a driver causes a pedestrian accident because of negligence, or a failure to exercise reasonable care and caution, they could face criminal penalties if their actions fell outside the scope of standard negligence. Any driver who hits a pedestrian due to driving under the influence, excessive speeding, or through an intentional desire to harm is very likely to face criminal prosecution.
Q: Do Pedestrians Have the Right of Way in Colorado?
A: State law expects drivers to always yield to pedestrians, even if a pedestrian does not cross the street legally. It’s possible for a pedestrian to face partial liability for an accident caused by their jaywalking or other inappropriate conduct near traffic, but a driver who hits a pedestrian will always face a higher level of fault for this type of incident. Comparative negligence can apply to any pedestrian who jaywalks or otherwise contributes to causing a pedestrian accident, and this could result in the loss of a percentage of their final recovery.
Q: Is It Worth Hiring an Attorney for a Pedestrian Accident Personal Injury Claim?
A: Hiring experienced legal representation is the best thing you can do to maximize your chances of recovering as fully as the law allows from your accident. If you are concerned about the potential cost of hiring legal counsel, the right attorney will easily make up for this expense with the quality of representation they provide. Your legal team can significantly improve your chances of maximizing your recovery as much as state law allows.
The Law Firm of Jeremy Rosenthal has successfully handled many pedestrian accident cases on behalf of clients in the Fort Collins area and throughout Colorado. To learn how a Fort Collins pedestrian accident attorney can assist you with your claim, contact us today and schedule a consultation to get the answers you need in this difficult situation.