Right-Of-Way: How It Impacts Pedestrian Claims
Suffering from an injury due to an accident can be a devastating experience, both physically and emotionally. It can also leave you with unexpected medical bills, lost wages, and other financial burdens. When you’ve been injured in an accident, it is important to know that you have legal options available to you.
At Mintz Law Firm, we understand the challenges that come with recovering from a pedestrian accident. Our experienced personal injury attorneys are dedicated to helping our clients get the compensation they deserve. Contact us today to learn how we can help you and get you the compensation you deserve.
Understand the Importance of Right-of-Way in Pedestrian Claims
In Colorado, like many other states, pedestrians have certain rights when it comes to crossing the roadways. These rights are known as the “right-of-way.” Understanding how right-of-way laws work can be crucial in determining liability in pedestrian accident cases.
What Is Right-of-Way?
The right-of-way is the legal right of a pedestrian or vehicle to proceed first in a particular situation. This can include the right to cross a street or the right to proceed through an intersection. Right-of-way laws are put in place to promote safety on the roadways and to prevent accidents.
In Colorado, there are several laws that govern the right-of-way. Pedestrians have the right-of-way in crosswalks, whether marked or unmarked. Vehicles must yield to pedestrians in crosswalks and allow them to cross safely. However, pedestrians must still exercise reasonable care for their own safety and cannot suddenly leave the curb and enter the crosswalk when a vehicle is so close that it is impossible for the driver to stop.
How Right-of-Way Affects Pedestrian Claims in Colorado
When a pedestrian is involved in an accident with a vehicle, determining who had the right-of-way can be crucial in determining liability. If the pedestrian had the right-of-way, then the driver may be held liable for any injuries or damages resulting from the accident. On the other hand, if the pedestrian did not have the right-of-way, then they may be found partially or fully at fault for the accident.
It is important to note that even if a pedestrian is partially at fault for an accident, they may still be able to recover compensation for their injuries. Colorado follows a modified comparative negligence rule, which means that if the pedestrian is found to be less than 50% at fault for the accident, they can still recover damages. However, their damages will be reduced by their percentage of fault.
Steps Pedestrians Can Take to Protect Their Rights
Pedestrians can take steps to protect their right-of-way and prevent accidents. The first step is to always be aware of their surroundings and to use caution when crossing the street. Pedestrians should also make sure to use designated crosswalks and to cross only when it is safe to do so.
Pedestrians involved in an accident with a vehicle should seek medical attention right away, even if they do not think they are injured. They should document the accident by taking pictures and getting the contact information of any witnesses. It is also important for pedestrians to contact an experienced pedestrian accident attorney who can help protect their rights and pursue compensation for their injuries.
Reach a Skilled Pedestrian Accident Attorney at Mintz Law Firm
Understanding right-of-way laws is essential for pedestrians who want to protect their rights and prevent accidents. In Colorado, pedestrians have the right-of-way in crosswalks, and drivers must yield to them. However, pedestrians must also exercise reasonable care for their own safety. Therefore, liability is decided after a thorough investigation of the accident, so it’s important to contact an attorney as soon as possible after the incident.
Don’t hesitate to contact Mintz Law Firm today. Our experienced personal injury attorneys can help protect your rights and pursue the compensation you deserve. With years of experience and a commitment to providing personalized attention to each client, we have the knowledge and skill to handle even the most complex cases. Call us today at (303) 462-2999 or complete our contact form to schedule a free consultation and learn how we can help you.