Hit by a Car as a Pedestrian in CO | Conduit

One second you’re crossing the street. The next, you’re on the ground—confused, in pain, staring at a bumper that just hit you at 30 miles an hour. There was no seatbelt. No airbag. No crumple zone between you and two tons of steel.

Pedestrian accidents produce some of the most catastrophic injuries in personal injury law. And the insurance company knows it—which is exactly why they’ll fight harder to pay you less.

Colorado Pedestrian Right-of-Way Laws

Colorado law is unambiguous about pedestrian rights:

In a Crosswalk

Under C.R.S. §42-4-802, drivers must yield the right-of-way to pedestrians in crosswalks—both marked and unmarked. An unmarked crosswalk exists at every intersection where two roads meet, whether or not there are painted lines. Most drivers don’t know this. Their ignorance doesn’t change the law.

Outside a Crosswalk

Pedestrians crossing outside a crosswalk must yield to vehicles (C.R.S. §42-4-803). But—and this is critical—drivers still have a duty to exercise due care to avoid hitting a pedestrian regardless of where the pedestrian is. A driver who sees a pedestrian in the road and doesn’t slow down or try to avoid them is negligent, full stop.

Insurance companies love to fixate on jaywalking. “The pedestrian wasn’t in a crosswalk.” Fine. That may contribute to comparative fault, but it doesn’t eliminate the driver’s independent duty to avoid hitting people. You don’t get to mow someone down just because they’re jaywalking.

Why Pedestrian Injuries Are So Severe

The math is brutally simple. A 4,000-pound vehicle versus a 170-pound human with no protection. Even at 20 mph, the risk of serious injury to a pedestrian is approximately 10%. At 30 mph, that jumps to 40%. At 40 mph, it’s 80%.

Common pedestrian accident injuries include:

• Traumatic brain injury—from the initial impact or from hitting the ground. TBI is the leading cause of death in pedestrian accidents.
• Broken legs and pelvis—the bumper strikes at leg height, and the pelvis absorbs enormous force
• Spinal cord injuries—the secondary impact when you hit the windshield or pavement
• Internal organ damage—ruptured spleen, liver lacerations, internal bleeding
• Knee and hip injuries—torn ligaments, shattered joints, hip fractures
• Facial fractures and dental injuries
• Psychological trauma—PTSD, fear of crossing streets, anxiety, depression

Because injuries are severe, medical costs are high, and recovery periods are long, pedestrian accident settlements tend to be significantly larger than typical vehicle-to-vehicle claims.

Comparative Fault in Pedestrian Cases

Colorado’s modified comparative fault rule is the insurance company’s primary weapon in pedestrian cases. They’ll try to assign you as much blame as possible:

• “You were jaywalking”
• “You were wearing dark clothing at night”
• “You were looking at your phone”
• “You stepped into traffic without looking”
• “You were intoxicated”

Remember: you can still recover damages as long as your fault is less than 50%. A pedestrian who was jaywalking but was struck by a speeding, distracted driver might be 20% at fault—meaning they recover 80% of their damages. That’s still a substantial recovery on a serious injury case.

The critical point: the driver’s fault doesn’t disappear just because you made a mistake too. Both parties’ negligence is evaluated.

What to Do Immediately After Being Hit

1. Don’t move if you suspect spinal injury. Wait for paramedics. Your instinct will be to get up and assess—resist it if you feel any back or neck pain.
2. Call 911. Even if you feel “okay.” Adrenaline masks serious injuries. A police report is essential evidence.
3. Get the driver’s information. Name, license, insurance, plate number. If there are witnesses, get their contact info too.
4. Document the scene. If you’re physically able, photograph the intersection, traffic signals, crosswalk markings (or lack thereof), the vehicle, your injuries, and any skid marks.
5. Go to the hospital. Insist on imaging (CT, MRI) for any head impact. Pedestrian TBI symptoms can be delayed by hours or days.
6. Don’t give statements to the driver’s insurance. They’ll call fast. Everything you say will be used to reduce your claim.
7. Contact a pedestrian accident attorney. These cases involve complex fault allocation and high-value damages that require experienced handling.

Denver’s Pedestrian Safety Crisis

Denver has seen a troubling increase in pedestrian fatalities. High-risk areas include:

• Colfax Avenue—one of the most dangerous streets for pedestrians in Colorado
• Federal Boulevard—wide lanes, high speeds, and frequent pedestrian crossings
• Broadway—heavy traffic volume through pedestrian-dense neighborhoods
• Colorado Boulevard—high-speed arterial with inadequate pedestrian infrastructure

If you were hit on one of these corridors, the road design itself may be a contributing factor—and the municipality may share liability for failing to provide safe pedestrian crossings, adequate lighting, or traffic calming measures.

What Your Pedestrian Accident Claim Is Worth

Because pedestrian injuries are more severe than typical car-on-car crashes, settlements reflect that:

• Moderate injuries (broken bones, soft tissue): $50,000–$150,000
• Serious injuries (TBI, multiple fractures, surgery): $150,000–$500,000
• Catastrophic injuries (spinal cord, permanent disability): $500,000–$2M+
• Wrongful death: $1M–$5M+

The driver’s auto liability insurance is the primary source of recovery. If their policy limits are inadequate for your injuries, your own underinsured motorist (UIM) coverage can provide additional compensation—even though you weren’t in a car.

Frequently Asked Questions

Can I still recover if I was jaywalking?

Yes, in most cases. Jaywalking may reduce your recovery under comparative fault, but the driver still had a duty to exercise due care. A pedestrian who is 30% at fault for jaywalking still recovers 70% of their damages from a negligent driver.

What if the driver didn’t stop (hit and run)?

Report to police immediately. Your own uninsured motorist coverage can cover your injuries from a hit-and-run. Surveillance cameras, witness phones, and traffic cameras may also help identify the driver.

Does my health insurance or auto insurance cover pedestrian injuries?

Your health insurance covers medical treatment regardless of how you were injured. Your auto insurance UM/UIM coverage can apply even when you’re a pedestrian—most people don’t know this. MedPay coverage on your auto policy may also cover immediate medical expenses.

How long do I have to file a pedestrian accident claim?

Colorado’s statute of limitations for personal injury is 3 years from the date of the accident. For wrongful death claims, it’s 2 years. If a government entity is involved (city, county, state), a notice of claim may be required within 182 days. Contact Conduit Law as soon as possible to protect your rights.

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Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult with an attorney for advice regarding your specific situation.

You had the right to be on that road. The driver had the duty not to hit you. When they failed, they owe you. Call Conduit Law—free consultation, no fee unless we win your case.