Arvada Pedestrian Accident Lawyer
Accidents resulting in injury to pedestrians occur more frequently than the general populace may believe. Typically, a pedestrian accident results in a pedestrian’s injuring due to a collision with a motor vehicle.
If someone you know has injuries from an accident involving a pedestrian, help may be available to receive compensation for any of the resulting losses. With legal assistance from an Arvada pedestrian accident lawyer, you may be able to effectively file a lawsuit with the help of a skilled attorney to hold the responsible party accountable and liable for the resulting damages.
Factors Affiliated with Accidents Resulting in Injuries to Pedestrians
In personal injury cases involving pedestrian accidents, there are certain factors found to contribute to injuries to pedestrians more than other elements or circumstances. The more common factors associated with pedestrian accidents include, but are not limited to, the following:
- Low visibility (e.g., poor weather conditions, traveling at night, etc.)
- Distracted or inattentive driving
- Traffic violations (e.g., speeding, failing to signal, yield, or brake, etc.)
- Driving while under the influence
Due to most pedestrian accidents involving collisions with motor vehicles, the relevant factors associated with such accidents are heavily affiliated with motorist activity. A litigator with experience handling pedestrian accident cases could assist local injured pedestrians with their claim by evaluating the incident’s facts to determine if damages may be recovered from a motorist involved.
Establishing Negligence in Pedestrian Accident Claims
To recover damages from a party involved in causing an accident resulting in the injuring of a pedestrian, the injured party must first show to the court that the accident was due to the opposing party’s negligence. To accomplish this, the injured pedestrian will need to prove that they were owed a legal duty by the opposing party, who subsequently breached that duty resulting in injuries to the pedestrian, which lead to the incurring of damages by the pedestrian as a result.
If the injured pedestrian effectively proves negligence on the part of the opposing party, they could seek compensation for their losses. However, due to the establishment of Colorado as a modified comparative negligence state under § 13-21-111 of the Colorado Revised Statutes, the compensation amount awarded to an injured pedestrian may be affected if they contributed to the accident in which their injuries were sustained.
Under C.R.S. § 13-21-111(1), an injured pedestrian may still be eligible to recover damages from a negligent party, so long as their percentage of fault does not exceed that of the opposing party. However, if they are deemed to have any portion of fault under C.R.S. § 13-21-111(2), then the damages amount awarded to the injured pedestrian will be reduced accordingly under C.R.S. § 13-21-111(3).
Consult a Skilled Arvada Pedestrian Accident Attorney for Help Today
Every year, hundreds of pedestrians are involved in injury-sustaining accidents in the United States. However, regardless of whether a pedestrian played a role in the accident in which they sustained their injuries, they may still recover damages for their losses from any party involved deemed be a cause of the accident as a result of their negligence.
If you have injuries incurred in an accident involving a pedestrian, you may be owed compensation for the resulting damages. Schedule a consultation with an Arvada pedestrian accident lawyer, and you could be on your way to receiving the help you need to pursue your claim successfully.