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We all know how common it is to see drivers not paying attention these days because they are on their phone, changing the music, eating, texting or just plain old not paying attention to the road and their surroundings. Most drivers are looking for other cars on the road and don’t check sidewalks and crosswalks very well which can end up causing a lot of harm to the pedestrian if they get hit. To avoid getting in a pedestrian accident make sure to watch for other drivers & pedestrians, but if you do get into an accident, make sure you contact a top rated Colorado Springs pedestrian accident lawyer right away.
Even being hit by a vehicle at a slow speed can end up causing serious injuries with high medical expenses such as whiplash, neck, back and spinal cord injuries and possibly even broken bones or internal bleeding. These injuries should not be taken lightly and if the accident was the fault of the driver, then you may be entitled to compensation from the at-fault parties. Don’t just blindly accept any settlement the insurance company sends you, let our pedestrian accident lawyers look over your case to ensure you are being fairly compensated for your injury.
Not every pedestrian accident is straightforward in terms of whose fault the accident was. Sometimes it is partially both party’s fault due to the circumstances surrounding the event. To give an example, bad road conditions or obstructions in the road may cause the driving conditions to be much worse than a normal sunny day which means that both drivers and pedestrians must take more caution than usual.
Pedestrians have a duty to not put themselves in front of moving vehicles and must give drivers even more room to safely operate their vehicle when bad road conditions are present. Sometimes these situations bring about accidents that mean both parties are partially at fault for the accident however, if you as the pedestrian are less than 50% at fault for the accident, you can still pursue compensation for any damages incurred when filing a pedestrian accident claim.
The most common cause of pedestrian accidents is driver negligence. Meaning the driver wasn’t paying attention while driving, drunk driving, distracted driving or disobeying traffic laws. Malfunctioning vehicles and poor road conditions can also be a major factor in pedestrian accidents such as swerving to miss a pothole and hitting someone or icy roads that cause a driver to slide into a pedestrian in a crosswalk.
There are many different driver faults that can cause accidents, but pedestrians also play a major role. If you are crossing the street illegally, then you may be partly at fault for any accidents that happen due to your actions. When drivers aren’t expecting pedestrians to be in the road, it can startle the driver and cause unnecessary reactions that cause the driver to make a mistake. Also, crossing a street too slowly and still being present in the crosswalk after the “Walk” sign has gone away, drivers could have a green turn light that tells them to go and not realize that there is a pedestrian still crossing. This happens a lot in major cities with a lot of foot traffic.
If you were a pedestrian that was struck by a motor vehicle, you probably have medical bills to deal with, lost wages from missing work, overdue bills because of missing work, lifelong injuries that will affect you forever or many other unfortunate things. This can cause serious financial damage to your life and if you aren’t the one at fault, then you shouldn’t have your life ruined over it.
By hiring an experienced pedestrian accident lawyer from Rector Stuzynski Law Firm, you can be sure that you are going to get an expert defense that is backed by evidence and accident reconstruction professionals so that we can go to court and fight for maximum compensation for your inconveniences. This can mean suing the insurance company involved or the at-fault driver directly if they didn’t have insurance at the time of the accident. We will fight to get compensation for any monetary costs incurred as well as any other damages that were done from mental or emotional traumas and more.
The last factor needed is Damages. If there are injuries and costs associated with recovery or replacing damaged property, then the at fault party will be held responsible for compensating the victim. Without economic or non-economic damages present in the case, there is nothing to be compensated for. Injury claims are civil lawsuits and not criminal, so there has to be a logical method of holding the at fault party accountable for their actions, which in pedestrian accident cases would be monetary damages, injuries, medical bills, damaged property replacement costs, loss of life, emotional distress and more.
Keep in mind however, that the ultimate settlement amount depends upon the amount of available insurance coverage. In Colorado Springs, a driver only needs to carry $25,000 in bodily injury liability insurance to comply with the law. That is rarely enough to fully compensate a pedestrian who is hit by a car while walking. That’s why it’s always a good idea to carry uninsured or underinsured motorist coverage on your own car insurance policy. This is a special kind of coverage that you pay a premium for that protects you in the case of an accident if the at-fault driver does not have adequate coverage to meet your needs. We always recommend that people carry as much uninsured/underinsured motorist coverage as they can afford. If you have questions about this type of coverage, call our office or your insurance agent. Often times it is less expensive than people think, and it can be the difference between getting a minimal settlement or receiving full and just compensation for injuries if you are ever in a bad accident.
As a motorist, it can be very hard to see pedestrians sometimes, especially when there are visual impairments such as trees, cars, bushes, buildings and other things that may be blocking your line of sight. Pedestrians are also much smaller than cars and less prevalent on the roads so we don’t look for pedestrians as much. This leads to serious accidents that can leave the pedestrian with catastrophic injuries so here are some tips to avoid these types of situations.
Double check for pedestrians in the roadway when turning left or right in your vehicle as this is one of the most common times for accidents to occur, especially at night. Pay extra attention in heavy foot traffic areas such as Downtown Colorado Springs as pedestrians can pop out from around a corner very quickly. Watch carefully for pedestrians crossing the street even when not at an intersection and also check for people opening their car doors on the side of the road.
In Colorado Springs, you have a limited time to file a lawsuit when involved in a pedestrian accident. The statute of Limitations requires that you file your claim within 3 years of the incident happening. If you were struck by a government vehicle, you only have 182 days and you actually have to notify the branch that was responsible before filing your lawsuit. Don’t wait until the last minute to file as your lawyer will need time to get a case together for you. The sooner you get your case started the better, so don’t hesitate to give us a call today for a free case evaluation.
In Colorado Springs, pedestrians have rules to follow as well as other drivers. To make sure you are aware of these laws, here are a few helpful tips. All drivers must use caution to avoid collisions with pedestrians on the roadways however, pedestrians also have to obey any traffic control devices and signs applicable to them at the time unless specifically instructed otherwise by a police officer. When crossing the street outside of a crosswalk, pedestrians must yield to drivers as they always have the right of way when no crosswalk is present.
When a pedestrian is at a light and the “Don’t Walk” sign is illuminated, pedestrians are required to remain on the sidewalks and out of the roadway as drivers have the right of way at that time. While the “Walk” sign is illuminated, drivers must give the right of way to pedestrians who are in the crosswalk even if the driver has a green light. These decisions are made quickly and not always with complete regard to the laws.
Drivers also may not have seen you as a pedestrian crossing the street as people are much harder to spot than cars and can appear out of nowhere if the driver’s line of sight was blocked by a building, sign, tree, parked car or other obstruction. This is a very common thing in downtown areas due to the heavy foot traffic and the limited visibility at corners and intersections.
It is especially dangerous to be crossing busy roads at night when it is dark outside. Many intersections are not well lit and it can be very hard to see pedestrians at night when other vehicle headlights are already shining in the driver’s eyes, so make sure to take extra caution in times where visibility is drastically reduced. Wearing reflective clothing while walking at night is recommended, even more so if walking on roads without sidewalks at night.
We have helped countless pedestrians get compensation for their injuries after being struck by a negligent motorist. It happens all too often these days as distracted driving becomes more and more rampant, but don’t worry, Rector Stuzynski Law Firm specializes in pedestrian accident law and is here to help you fight for justice and get back to normal life as quickly as possible. We offer free consultations anytime, so give us a call today at (719) 578-1106 to speak about your case.
This article was written by Michael Stuzynski of Rector Stuzynski Law Firm. Michael is a decorated personal injury attorney that has been helping Colorado Springs injury victims get compensation since 2019. With hundreds of injury settlements under his belt, he is an expert in all areas of personal injury law and litigation.
We provide legal services for personal injury and accident victims throughout the state of Colorado, but we focus on clients in these areas: Colorado Springs, Manitou Springs, Cimarron Hills, Northeast Colorado Springs, Southeast Colorado Springs, Stratmoor, Fort Carson, Air Force Academy, East Colorado Springs, Old Colorado City, Pleasant Valley, Broadmoor, Stratton Meadows, Fountain, Northwest Colorado Springs, Gleneagle, Northgate, Briargate, Monument, Woodmoor, Black Forest, Pueblo, Canon City, Larkspur, Security-Widefield, Peyton, Falcon, Calhan, Castle Rock, Teller County, El Paso County, Elbert County, Park County, Douglas County and nearby cities.
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131 S Weber St.
Colorado Springs, CO 80903
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Rector Stuzynski Law Firm
East Location
6045 Barnes Rd.
Colorado Springs, CO 80922
(719) 304-2323
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