What this video covers
- When a driver has a legal duty to yield to you in a marked or unmarked crosswalk
- Why accepting blame too quickly can reduce or forfeit the compensation you are owed
- What to photograph and note at the scene to show you had the right of way
Video summary
In a Colorado crosswalk with the signal in your favor, a driver has a legal duty to yield, even if they were distracted or speeding and even if they seem apologetic.
People often accept blame too quickly. A driver's duty to yield does not depend on intent or on how apologetic they seem, and admitting fault early can be used to reduce or deny compensation for medical bills, lost wages, and pain.
After a crosswalk injury, photograph the intersection, note the signal timing, and document any visible damage. Those details help show you followed the rules before you discuss settlement.
Colorado pedestrian laws at a glance
Crosswalks without working signals: under C.R.S. § 42-4-802(1), when traffic signals are not in place or not operating, a driver must yield to a pedestrian crossing within a crosswalk, slowing down or stopping if needed, when the pedestrian is on the driver's half of the roadway or approaching so closely from the other half as to be in danger.
Walk signals: under C.R.S. § 42-4-802(5), pedestrians facing a steady "Walk" signal may cross and must be given the right-of-way by all drivers. On a flashing "Don't Walk," a pedestrian should not start crossing, but someone already partway across may finish, and drivers must yield to them.
Cars stopped at a crosswalk: C.R.S. § 42-4-802(4) prohibits a driver approaching from behind from passing a vehicle that has stopped at a marked crosswalk, or an unmarked crosswalk at an intersection, to let a pedestrian cross.
Pedestrian duties: a pedestrian may not suddenly leave a curb into the path of a vehicle so close that it is an immediate hazard (C.R.S. § 42-4-802(3)). Outside a marked crosswalk or an unmarked crosswalk at an intersection, the pedestrian must yield to vehicles, and between adjacent signalized intersections, pedestrians may cross only in a marked crosswalk (C.R.S. § 42-4-803).
How fault and deadlines work in a pedestrian claim
Colorado uses modified comparative negligence. Under C.R.S. § 13-21-111, an injured pedestrian can still recover if their share of fault is less than the driver's, but the damages are reduced by their percentage. If the pedestrian's fault is equal to or greater than the driver's, there is no recovery. That is why the right-of-way facts, and not an apology or a guess at the scene, should decide who was at fault.
Under C.R.S. § 13-80-101(1)(n), tort claims for bodily injury arising from the use or operation of a motor vehicle generally must be filed within three years. If a city vehicle, bus, or other government vehicle was involved, a separate and much shorter notice requirement may apply, so do not wait to ask.
Why crosswalk crashes are a growing Colorado problem
According to a March 13, 2026 Colorado Department of Transportation release, 127 pedestrians were killed on Colorado roadways in 2025, about double the number killed ten years earlier, and pedestrians now account for nearly one-fifth of all traffic deaths in the state. From 2020 through 2025, Denver recorded 140 pedestrian fatalities, the highest of the five counties CDOT says accounted for most of these deaths, and CDOT reports that more than 70% of pedestrian deaths happen after dark.
Frequently asked questions
Do pedestrians always have the right of way in Colorado?
No. Drivers must yield to pedestrians in a crosswalk when signals are not operating, and to pedestrians crossing on a steady "Walk" signal. But a pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, and a pedestrian may not step suddenly into the path of a vehicle too close to stop. Which rule applies depends on where and how the crash happened.
What if I was partly at fault for a crosswalk accident?
Partial fault does not automatically end a Colorado claim. Under the comparative negligence statute, you may recover if your share of fault is less than the driver's, with your damages reduced by your percentage. Fault is often disputed in pedestrian cases, so signal timing, photos, witness statements, and the crash report matter.
How long do I have to file a pedestrian accident claim in Colorado?
Most injury claims arising from a motor vehicle crash must be filed within three years. Claims involving a government vehicle or a dangerous public roadway can carry much shorter notice deadlines, so it is worth getting the timeline reviewed early.
When should I talk to a Denver pedestrian accident lawyer?
Before you give a recorded statement, sign a medical release, or accept a settlement offer. Conduit Law can review the crosswalk facts, the signal and fault questions, and the insurance available. The consultation is free, and there are no fees unless we win. Call (720) 432-7032.
Related guides and videos
- Denver pedestrian accident lawyer
- Hit by a car as a pedestrian in Colorado
- Comparative negligence in Colorado explained
- Colorado personal injury statute of limitations
- Video: Colorado's 50 percent fault rule
- Video: how to get your Colorado crash report
- Video: notice of claim against a government entity
Sources
- C.R.S. § 42-4-802, Pedestrians' right-of-way in crosswalks
- C.R.S. § 42-4-803, Crossing at other than crosswalks
- C.R.S. § 13-21-111, Comparative negligence
- C.R.S. § 13-80-101, General limitation of actions (three years)
- Colorado Department of Transportation, "Pedestrian fatalities on the rise in Colorado" (March 13, 2026)
Transcript
After a pedestrian accident, many injured people assume they were partly at fault because they weren't paying attention or the driver seemed surprised. Here's what the law actually says: if you were in a marked or unmarked crosswalk with the signal in your favor, the driver had a legal duty to yield—even if they were distracted or speeding. The mistake people make is accepting blame too quickly. A driver who hits you in a crosswalk is liable for your injuries, period. That liability exists regardless of the driver's intent or how apologetic they seem. Why this matters: if you admit fault or settle immediately without understanding your rights, you forfeit compensation for medical bills, lost wages, and pain. Colorado law recognizes pedestrian right-of-way in crosswalks specifically because drivers are expected to watch for foot traffic. After an injury in a crosswalk, photograph the intersection, note the signal timing, and document any visible damage to your body or clothing. These details prove you followed the rules. Don't sign anything or talk settlement before understanding what your case is actually worth.
