Walking should not be dangerous. Yet for pedestrians across Colorado, sharing the road with vehicles has become increasingly risky.
According to the Colorado Department of Transportation (CDOT), 127 pedestrians were killed on Colorado roads in 2025. That represents a 98.4% increase in pedestrian fatalities compared with 2015. Pedestrians now account for nearly one in five traffic deaths in the state.
The problem is particularly concerning along the Front Range and in Colorado’s most populated communities. Colorado Springs and El Paso County continue to experience serious and fatal traffic crashes, while Denver, Adams, Arapahoe and Jefferson counties have also accounted for a significant portion of Colorado’s pedestrian fatalities in recent years.
Behind every statistic is a person and a family dealing with the consequences of a crash. Unlike someone riding inside a vehicle, a pedestrian has virtually nothing protecting them from the force of an impact. A collision that causes relatively minor vehicle damage can leave a pedestrian with catastrophic or permanent injuries.
If you are hit by a vehicle while walking, understanding Colorado pedestrian laws, determining who was responsible, and preserving evidence can make a significant difference in your ability to pursue compensation. A Colorado Springs pedestrian accident attorney can also help determine how Colorado law applies to the specific circumstances surrounding the collision.
Why Are Pedestrian Accidents Increasing in Colorado?
There is rarely one explanation for a pedestrian accident. Colorado’s growing population, increased traffic, road design, driver behavior, visibility and speed can all contribute to serious crashes.
CDOT has identified pedestrian safety as a growing concern. Between 2021 and 2025, 591 pedestrians were killed on Colorado roads. That represents a 36% increase compared with the previous five-year period.
Nighttime presents a particularly serious risk. CDOT reports that more than 70% of pedestrian deaths occur after dark.
Several common factors can contribute to pedestrian crashes.
- Distracted driving
- Speeding
- Drivers failing to yield at crosswalks
- Drivers turning without checking for pedestrians
- Impaired driving
- Poor visibility
- Inadequate lighting
- Drivers backing out of parking spaces or driveways
- Failure to obey traffic signals
- Aggressive or careless driving
Many of these crashes are preventable. A driver who looks at a phone, speeds through an intersection, fails to check a crosswalk before turning, or drives while impaired can put a pedestrian’s life at risk in seconds.
Where Do Pedestrian Accidents Commonly Happen?
People often associate pedestrian accidents with marked crosswalks, but serious collisions can happen almost anywhere vehicles and pedestrians interact.
Intersections are particularly dangerous because drivers may be watching other vehicles while preparing to turn instead of looking for pedestrians entering the roadway. Parking lots, shopping centers, residential neighborhoods, school zones and areas near restaurants or entertainment districts can also present significant risks.
Pedestrian crashes may occur in:
- Marked and unmarked crosswalks
- Intersections
- Parking lots and parking garages
- Residential neighborhoods
- School zones
- Construction areas
- Road shoulders
- Driveways
- Shopping centers
- Areas near bars, restaurants and entertainment venues
The location of the collision can become an important part of determining liability because Colorado law establishes different responsibilities depending on where and how a pedestrian enters the roadway.
Do Pedestrians Always Have the Right-of-Way in Colorado?
No. This is one of the most common misconceptions surrounding pedestrian accidents.
Colorado law provides significant protections to pedestrians, but pedestrians do not automatically have the right-of-way in every situation.
When traffic signals are not present or operating, drivers generally must yield to a pedestrian crossing within a crosswalk when the pedestrian is on the driver’s half of the roadway or approaching closely enough from the opposite half to be in danger.
Drivers must also obey pedestrian traffic signals and allow pedestrians who legally entered a crosswalk to complete their crossing.
However, pedestrians have responsibilities too. A pedestrian generally cannot suddenly leave a curb or other place of safety and enter the path of a vehicle that is so close that the driver cannot reasonably avoid a collision.
When crossing a roadway somewhere other than a marked or unmarked crosswalk at an intersection, pedestrians generally must yield to vehicles.
These rules are one reason determining fault after a pedestrian collision is not always as simple as saying, “The pedestrian had the right-of-way.”
What Happens If a Driver Hits Someone in a Crosswalk?
A driver who fails to yield to a pedestrian lawfully using a crosswalk may be found negligent. Evidence showing that the pedestrian had the right-of-way can become an important part of a personal injury claim.
However, the circumstances surrounding the collision still matter.
Investigators and attorneys may examine:
- The traffic signal at the time of the collision
- Whether the pedestrian was inside a marked or unmarked crosswalk
- The driver’s speed
- Whether the driver attempted to brake
- Whether the driver was distracted
- Lighting and visibility conditions
- Witness statements
- Surveillance or traffic-camera footage
- Vehicle damage and physical evidence at the scene
Together, this evidence can help reconstruct the collision and determine whether the driver’s actions violated traffic laws or otherwise fell below the level of reasonable care expected under the circumstances.
What If the Pedestrian Was Outside a Crosswalk?
Being hit outside a crosswalk does not automatically mean the pedestrian has no case.
Colorado law generally requires pedestrians crossing outside a marked or unmarked crosswalk at an intersection to yield to vehicles. But drivers still have a responsibility to operate their vehicles with reasonable care.
Consider a situation in which a pedestrian crosses outside a crosswalk but the approaching driver is significantly exceeding the speed limit or looking at a phone. Both parties’ actions may have contributed to the collision.
That is where Colorado’s comparative negligence law becomes especially important.
How Comparative Negligence Affects Colorado Pedestrian Accident Claims
Colorado follows a modified comparative negligence system. An injured person may still recover damages when they share some responsibility for an accident, provided their percentage of negligence is less than the negligence of the person or people from whom they are seeking compensation.
The amount recovered is reduced according to the injured person’s percentage of fault.
For example, imagine a pedestrian suffers $200,000 in damages. The driver was speeding, but evidence shows the pedestrian also entered the roadway outside a crosswalk without yielding. If the pedestrian were found 20% responsible, a $200,000 award would be reduced by 20%, resulting in $160,000.
If the pedestrian’s fault reaches the threshold established under Colorado law, recovery can be barred entirely.
This is why insurance companies may focus heavily on the pedestrian’s behavior after a collision. They may argue that the pedestrian crossed outside a crosswalk, ignored a signal, was distracted or entered the roadway unexpectedly.
Rector Stuzynski provides a more detailed explanation of comparative negligence and how it can impact a Colorado personal injury case.
Evidence Can Make or Break a Pedestrian Accident Case
Pedestrian accident claims can become evidence-intensive very quickly.
A driver and pedestrian may remember the moments before a crash very differently. Witnesses may leave the scene. Surveillance systems may automatically erase footage. Vehicles may be repaired. Physical evidence can disappear.
Important evidence may include police reports, photographs, videos, witness statements, vehicle data, cell phone records, medical documentation and physical evidence from the crash scene.
Traffic and Surveillance Cameras
A collision near a business, intersection, apartment complex or parking lot may have been captured by a security camera, doorbell camera or traffic camera.
Video can be particularly valuable because it may show the pedestrian’s location, the driver’s speed or movements, traffic signals and the moments immediately before impact.
The problem is that video is not necessarily stored indefinitely. Identifying potential footage and requesting that it be preserved should happen as quickly as possible.
Witness Statements
Independent witnesses can provide critical information about who had the right-of-way, whether the driver was speeding, whether the pedestrian was visible, and what occurred immediately before the collision.
If possible, obtain contact information from witnesses at the scene rather than assuming their information will appear in a police report.
Cell Phone and Electronic Evidence
When distracted driving is suspected, electronic evidence may become important. Depending on the circumstances of the case, attorneys may investigate whether a driver was using a phone or another electronic device around the time of the collision.
Physical Evidence
Skid marks, debris, vehicle damage, damaged clothing, roadway markings and the final resting position of the vehicle can all help establish how a crash occurred.
In severe cases, accident reconstruction specialists may use this information to analyze vehicle speed, reaction time and the mechanics of the collision.
What Should You Do After Being Hit by a Car?
Your health comes first. Pedestrian crashes can cause serious injuries that may not be immediately obvious, particularly when adrenaline masks pain following the collision.
Call 911 and seek medical attention as soon as possible. Even if you believe you can walk away from the scene, being evaluated by a medical professional can identify injuries and create documentation connecting those injuries to the crash.
If your condition allows, try to document the scene. Take photographs or video of the vehicle, intersection, crosswalk, traffic signals, roadway, lighting conditions and any visible injuries. Obtain contact information from witnesses and make sure the responding officer has your version of events.
Continue following your doctor’s treatment recommendations and keep records related to medical bills, missed work, prescriptions, transportation expenses and other losses associated with the accident.
Be cautious when speaking with the driver’s insurance company. An adjuster may ask for a recorded statement or questions designed to establish that you contributed to the accident. You generally do not need to speculate about speed, distance or other details you cannot accurately remember. Understanding what to say and what not to say after an accident can help you avoid unintentionally creating problems for your claim.
Why Pedestrian Injuries Are Often So Serious
A pedestrian does not have a seat belt, airbag, steel frame or other protection when struck by a vehicle.
The initial impact may throw the pedestrian onto the hood or windshield before causing a second impact with the pavement. At higher speeds, the forces involved can be devastating.
Common injuries include:
- Traumatic brain injuries
- Concussions
- Skull and facial fractures
- Spinal cord injuries
- Back and neck injuries
- Broken arms and legs
- Pelvic fractures
- Internal bleeding
- Organ damage
- Severe lacerations
- Nerve damage
- Permanent scarring or disfigurement
- Long-term mobility problems
Some injuries require months or years of treatment. Others permanently change a person’s ability to work, live independently or participate in activities they enjoyed before the accident.
What Compensation May Be Available After a Pedestrian Accident?
Compensation in a pedestrian injury claim depends on the facts of the accident, the severity of the injuries, available insurance coverage, liability and the long-term effect of those injuries.
Damages may include medical expenses, future medical care, lost wages, reduced earning capacity, rehabilitation costs, pain and suffering, and other accident-related losses.
A serious injury claim should account for more than the bills that have already arrived. If an injury will require future surgery, ongoing physical therapy, assistive devices or long-term care, those anticipated costs may need to be included when determining the value of the claim.
The same is true when injuries affect someone’s ability to earn a living. A person who cannot return to the same occupation may suffer financial losses extending far beyond the weeks immediately following the accident.
Because every claim is different, the value of a case depends on far more than the initial medical bills. Rector Stuzynski’s guide to how personal injury cases are valued during settlement negotiations explains some of the factors that can influence compensation.
What Happens After a Fatal Pedestrian Accident?
Unfortunately, Colorado’s increasing pedestrian fatality numbers mean some families are facing the worst possible outcome.
When a pedestrian is killed because of another person’s negligence, eligible surviving family members may be able to pursue a wrongful death claim. These cases are separate from criminal charges or traffic citations that may arise from the collision.
A wrongful death case can address losses resulting from the death, but Colorado has specific rules governing who may file a claim and when.
Families dealing with a fatal pedestrian collision should consider speaking with an attorney as soon as they are able. Evidence preservation can be especially important when a serious crash results in death.
What If the Driver Leaves the Scene?
Hit-and-run pedestrian crashes can create additional complications, but victims should not assume they have no options simply because the driver fled.
Law enforcement may use witness statements, surveillance footage, vehicle debris, license plate information and other evidence to identify the vehicle involved.
Insurance coverage may also become relevant when the driver cannot be identified or does not have sufficient insurance.
If you are physically able, gather as much information as possible without putting yourself in additional danger. Even partial information about the vehicle’s make, model, color, direction of travel or license plate can help investigators.
How Long Do You Have to File a Pedestrian Accident Claim in Colorado?
Colorado imposes deadlines for filing personal injury lawsuits, and the applicable deadline can depend on the circumstances of the accident and the parties involved.
A pedestrian should not assume that a particular deadline automatically applies to their case. Claims involving government entities, unusual defendants or other circumstances may involve additional notice requirements or different procedural issues.
Waiting also creates practical problems even when the legal filing deadline is still months or years away. Evidence disappears. Memories fade. Businesses overwrite surveillance footage. Witnesses become harder to locate.
Speaking with a Colorado Springs personal injury attorney early can help ensure important evidence is identified and preserved and that the circumstances of the claim are properly evaluated.
Colorado’s Pedestrian Safety Problem Is Bigger Than One Intersection
Colorado has taken steps to improve pedestrian safety through infrastructure improvements, better-connected pedestrian and bicycle routes, improved crosswalk visibility and changes to traffic signal timing.
Those improvements matter, but drivers still have a fundamental responsibility to watch for people who are walking near or across roadways.
A pedestrian should not have to pay the financial price when a driver chooses to speed, drive distracted, ignore a traffic signal or fail to yield.
Key Takeaways
- Colorado recorded 127 pedestrian fatalities in 2025, nearly double the number recorded in 2015.
- More than 70% of pedestrian deaths in Colorado occur after dark.
- Drivers generally must yield to pedestrians lawfully crossing within crosswalks, but pedestrians also have responsibilities under Colorado traffic law.
- Being outside a crosswalk does not automatically prevent an injured pedestrian from pursuing compensation.
- Colorado’s comparative negligence law can reduce or prevent recovery depending on the percentage of fault assigned to the pedestrian.
- Video footage, witnesses, photographs, electronic records and physical evidence can be critical when determining fault.
- Pedestrian accidents frequently result in severe injuries that require significant medical treatment and long-term care.
- Evidence can disappear quickly, making early investigation particularly important after a serious pedestrian collision.
Talk to a Colorado Springs Pedestrian Accident Attorney
If you or someone you love has been injured by a vehicle while walking, you do not have to determine liability, negotiate with insurance companies or calculate the long-term value of your injuries on your own.
At Rector Stuzynski Law Firm, our attorneys represent people who have been seriously injured because of someone else’s negligence. We investigate the circumstances surrounding the collision, preserve important evidence, address attempts to shift blame, and pursue compensation for the losses caused by the accident.
Contact Rector Stuzynski Law Firm today to schedule a free consultation with a Colorado Springs pedestrian accident attorney and learn more about your legal options.
Frequently Asked Questions About Colorado Pedestrian Accidents
Do pedestrians always have the right-of-way in Colorado?
No. Drivers generally must yield to pedestrians who are lawfully using a crosswalk, but pedestrians also have responsibilities. For example, pedestrians crossing outside a marked or unmarked crosswalk at an intersection generally must yield to vehicles, and a pedestrian cannot suddenly enter the path of a vehicle when it is too close to safely stop.
Can I recover compensation if I was hit outside a crosswalk?
Possibly. Crossing outside a crosswalk does not automatically eliminate your right to pursue compensation. Colorado uses a modified comparative negligence system, so the actions of both the pedestrian and driver may be considered when determining fault.
What if I was partially responsible for the pedestrian accident?
You may still be able to recover compensation if your share of fault remains below Colorado’s legal threshold. However, your recovery can be reduced according to your percentage of responsibility.
What evidence is important after a pedestrian accident?
Important evidence may include the police report, photographs, surveillance or traffic-camera footage, witness statements, medical records, vehicle data, cell phone records and physical evidence from the scene. Because some evidence can disappear quickly, early investigation is important.
What damages can I recover after being hit by a car?
Depending on the circumstances, compensation may include medical expenses, future medical treatment, lost wages, reduced earning capacity, rehabilitation expenses, pain and suffering, and other losses caused by the accident.
Should I speak with the driver’s insurance company?
You should be cautious about providing a recorded statement or accepting a settlement before you understand the extent of your injuries and your legal rights. Insurance companies may use statements about the accident to dispute liability or argue that you share responsibility for the collision.
