Liability in Broomfield Pedestrian Accident Cases

The city has high traffic density, and pedestrians constantly cross busy thoroughfares and neighborhood streets, so proving liability in Broomfield pedestrian accident cases can be complicated. If you have been struck, there may be uncertainty about whether the driver violated traffic laws and how to prove it, if so. The pedestrian accident attorneys at Arckey & Steele could review your claim and explain which laws may apply to your case to help you seek justice against the party who harmed you.

State Pedestrian Laws

Colorado law holds that a driver must thoroughly check for pedestrians and exercise reasonable care when operating a vehicle, even when the pedestrian’s conduct is questionable. The law specifies that even when a pedestrian behaves poorly, the driver’s duty of care is not eliminated.

The Colorado Supreme Court also reaffirms that liability depends on whether the person breached a standard of care under the circumstances, applying principles of comparative negligence and emphasizing inquiry into who had the right-of-way and whether each party acted reasonably under the conditions. These determinations are complex and may make it difficult to establish liability, so you would benefit from an experienced Broomfield lawyer helping with your pedestrian accident case.

How Do You Prove Driver Liability?

To show that a Broomfield motorist is responsible for a pedestrian collision, certain elements must be proven.

Duty of Care

Under Colorado Revised Statutes § 42-4-802, a driver must yield the right-of-way to pedestrians crossing within a crosswalk (whether marked or unmarked) when those pedestrians are in their path of travel or are close enough to constitute a hazard. The statute also bars a pedestrian from suddenly stepping off a curb into the path of an oncoming vehicle that is too close to yield.

Breach of Duty

A breach of duty on a diver’s part might include:

• Speeding
• Failing to signal
• Failing to slow down
• Ignoring walk control signals
• Not watching for pedestrians at intersections

Drivers must always maintain a lookout for pedestrians and react reasonably in any given road condition.

Causation and Right-of-Way

A driver’s breach must be a direct cause of the pedestrian’s injury. A common issue is determining whether the pedestrian had the right-of-way and whether the driver had a duty to yield. In intersections and crosswalks, drivers generally must yield to pedestrians proceeding lawfully. If a driver fails to do so and strikes a pedestrian, causation can be direct.

Pedestrian Liability

Pedestrians also have legal duties. If a Broomfield pedestrian crosses unlawfully, fails to obey traffic signals, or steps into traffic without checking, those actions may show that the pedestrian is at least partially responsible for the accident. Distractions, such as using a phone or wearing headphones, can also contribute to pedestrian negligence.

Under Colorado’s modified comparative negligence rule, damages awarded to the injured party are reduced proportionally to their percentage of fault. If a pedestrian steps suddenly into the path of a car and the driver has no time to react, courts could find the driver’s liability diminished. For example, if a jury awards $100,000 in damages but finds the pedestrian 25% at fault, the pedestrian can recover $75,000. If the pedestrian fault is 50% or more, they are barred from recovery.

Call a Broomfield Attorney for Help With Proving Fault in Your Pedestrian Crash Claim

Liability in Broomfield pedestrian accident cases depends on who had the right-of-way and whether each party acted with reasonable care. If you or a loved one suffered harm in a pedestrian collision, Arckey & Steele could evaluate your case and clarify how liability will be assessed. Our firm maintains a small caseload to ensure that each client receives the personal attention and strategic focus they deserve. Contact us now to schedule a free legal consultation with one of our pedestrian accident lawyers.