In 2016 in the U.S., nearly 6,000 pedestrians lost their lives by being struck by a car. On top of that, close to 129,000 pedestrians suffered injuries.

In many pedestrian accidents, the pedestrian has the right to claim compensation from the driver or their insurance company to pay for medical bills, lost wages, etc. That seems fair since the driver caused the pedestrian potentially life-changing damage.

But is it always the driver’s fault? What about when a driver is driving safely and defensively, and someone jumps out in front of their car? They can’t stop their car on a dime.

Let’s look at how the law in Arvada and Westminster, Colorado treats pedestrian accidents.

Are Drivers Always at Fault for Pedestrian Accidents?

No. Many people mistakenly believe that drivers are always at fault in pedestrian accidents. The law recognizes, however, that pedestrians can do something that makes it impossible for the driver to avoid hitting them. For example, stepping out from between parked cars only a couple feet in front of a moving vehicle.

In some cases, pedestrians can even be held responsible for damages to the driver’s car. If the driver struck another vehicle or damaged property trying to avoid the pedestrian, the pedestrian can be responsible for those damages as well.

Driver’s Duty of Care

Drivers do have a responsibility called the duty of reasonable care. Operating a vehicle is not without risks and drivers are responsible for reducing that risk as much as possible.

Not all circumstances are the same while driving. The duty of care refers to what a reasonable, prudent person would do given the specific circumstances.

For example, a driver going 30-mph in a 30-mph zone is not breaking the law. However, if the driver spots a person walking erratically near the edge of the road, a prudent person would slow down. If they fail to do so, they could be held liable for a resulting pedestrian accident.

How Does the Law Assign Blame?

During a lawsuit for a pedestrian accident, the court and jury will examine the evidence to determine fault. This includes the testimony of the pedestrian, driver, eyewitnesses, expert witnesses, the police report, and more.

Drivers can be held liable for reckless driving, texting and driving or engaging in other types of distracted driving. Pedestrians can be held liable for distractions like talking on their phone or for crossing the street where there is no crosswalk.

Nearly half of fatal pedestrian accidents involve alcohol for either party. About a third of pedestrians killed are legally drunk.

Contributory Negligence

The old way of assigning blame was rather harsh. If an injured party was found to share even a tiny bit of fault for the accident, they could not claim compensation.

There are only five states that still follow this rule. Thankfully, Colorado is not one of them.

Comparative Negligence

The rest of the states use the comparative negligence rule. There are two types of comparative negligence.

The first, used by 13 states, is pure. Each party is assigned a percentage of the blame. Any damages awarded are reduced by the injured party’s share of the blame.

For example, let’s say the court finds that the driver is 60% at fault and the pedestrian shares 40% of the blame. They can claim compensation, but the amount awarded will be reduced by 40% — their share of the blame.

The 33 remaining states (including Colorado) use a modified version of comparative negligence. If the injured party is 50% or more at fault for the accident, they are barred from recovery. If the injured party is less than 50% at fault, then any award is  reduced by their percentage of responsibility.

Proper Representation in Arvada and Westminster

Don’t handle a pedestrian accident case alone. From dealing with insurance companies to filing a lawsuit in court, an experieced attorney can make all the difference in your case and the amount of compensation you recover.

For this reason, you need proper representation. A solid attorney knows how to present the case in the best light, so the insurance company or jury assigns you as little blame as possible.

Contact us here at Alhasoon, Glidden & Glidden Law Firm by calling (720) 487-1050 for a free consultation today!

Colorado State Patrol is investigating a crash that killed a Pueblo man on Friday.

Troopers say Nissan had been traveling west on Highway 96 when the driver attempted a left-hand curve but failed to make it.

The Nissan first traveled off the right side of the road before going off the road’s left side and rolling three and a half times ejecting the driver.

Police identified the driver as 59-year-old Frank Sandoval who was pronounced dead at the scene.

Sandoval was not wearing his seat belt at the time of the crash.

Source: Fox 21 News

Roughly 3 million people are injured each year in car accidents in the U.S. What do you do if it happens to you?

The first thing is to seek the medical attention that you need. Once you’re safe, it’s time to enlist the services of an experienced attorney to seek the compensation you deserve.

Many car accidents are caused by someone’s irresponsible behavior. For example, engaging in texting and driving or other types of distracted driving. When you are injured in an accident that someone else causes, they are responsible, and you are entitled to compensation.

You might think that this process may be straightforward. Unfortunately, it is not. Insurance companies pray on unrepresented individuals and often cheat them out of compensation they deserve and are entitled to because they know unrepresented individuals don’t know the law. Do NOT be fooled insurance companies and insurance adjusters are not your friends and they are not willing to pay what you deserve without an attorney.

Let’s look at some mistakes you should avoid when it comes to your car accident compensation case. Then we’ll learn how to handle your case correctly so that you get the recompense you deserve.

1. Ask for Too Little Compensation

The costs of a car accident can add up quickly. The average person doesn’t realize how expensive it can be.

First, there is the cost of repairs to your vehicle. If the car wreck was bad enough, you may even need to buy a new car.

Next, there are medical bills, lost wages from work, pain and suffering, and more. These are all compensable and most people are unaware of what they are entitled to. However, there are a few more types of compensation that you could be eligible for that you may not be aware of. These are:

• Loss of enjoyment: If your injuries are bad enough you may be unable to continue participating in activities that you enjoy. You can get compensation for that.
• Loss of consortium: This legal term refers to the companionship enjoyed by a husband and wife. If your injuries leave you unable to enjoy physical intimacy, this is compensable.
• Punitive damages: In some cases, you may be awarded punitive damages. This amount serves purely to punish the responsible party for actions that led to the accident. This can include reckless driving, drunk driving, etc.

This is not an all-inclusive list. As you can see, there are many things you can get compensation for that you probably never would have thought about. In fact, many clients are often surprised at the amount of compensation they receive when their case is handled by the experienced attorneys at AGG law firm. At AGG law firm we fight to get you the maximum compensation that you deserve. Call today for a free, no obligation consultation.

2. Let the Insurance Company Trick You

Insurance companies are notorious for not wanting to pay proper compensation. It is not beneath them to outright lie to you. They deal with car accident claims all the time and are skilled in avoiding responsibility for them.

It’s not uncommon for them to pressure victims into accepting a low settlement early on to avoid paying what the victim is legally entitled to. Usually, too late, the victim finds out that they were entitled to far more compensation but they signed those rights away by accepting the insurance company’s initial offer. Insurance companies may also deny your claim or put some of the fault on you, where an experienced attorney can challenge this. Further, insurance companies are notorious for undervaluing and undermining your injuries to avoid paying.

This is not an all-inclusive list of the tricks insurance companies play. In order to protect your interests and get the most compensation you deserve, it is important to get an attorney to handle your case as soon as possible as many people make statements that damage their case. Call AGG law firm today to see how we can help.

3. Trying to Handle the Car Accident Case On Your Own

As mentioned in one and two above, those are just a few ways to ruin your case. Although it may appear easy to handle the case on your own, it is not. Insurance companies bank on your inexperience and take advantage of the statements you make, documents you provide, and inexperience with the law and inexperience with insurance companies to pay below what your case is worth. Don’t ruin your case by trying to handle it on your own. Contact AGG law firm today and let us get started on your case right away to ensure your case is handled properly from the beginning to maximize your compensaion.

AGG Law Can Help

What do you do when you don’t want to ruin your car accident case?

Turn to a car accident lawyer who prides themselves on helping people. At AGG Law, in Denver, Colorado, we focus on helping people injured in car wrecks to receive the compensation they deserve with someone by their side who they can trust. Let us be your advocate and we’ll take the stress out of a trying situation by handling everything while you focus on recovering from your injuries. Contact us today at (720) 487-1050 for your free consultation!

An adult female died at the scene of an early morning accident on Highway 7 east of Interstate 25 Sunday. Four other people were injured, including three who were in critical condition as they were taken by ambulance from the crash site.

All lanes of Highway 7 remained completely closed between Yosemite Street and Quebec Street until 12:25 p.m., almost 11 hours after the accident.

(credit: Facebook/Brighton Fire Rescue)

Brighton Fire Rescue crews were notified of the crash at 1:40 a.m.

(credit: Facebook/Brighton Fire Rescue)

Photos provided by the fire department showed a white box truck with front end damage that came to rest on the shoulder of the highway. Nearby, a dark-colored full-size SUV or pickup truck with its roof torn off, presumably caused by the force of the collision or as a result of firefighters extricating the occupants from it.

The Thornton Police Department, through a press release, said alcohol is suspected as a factor in the crash, and that all those injured were adults – three males and a female.

It is not yet known how many vehicles in total were involved in the incident.

(credit: Twitter/Thornton Police Department)