Pedestrians and drivers regularly cross paths at intersections, crosswalks, parking areas, and busy streets throughout Colorado Springs. While pedestrians have important protections under Colorado law, they do not have the right-of-way in every situation.
Whether a pedestrian or driver was required to yield depends on factors such as where the pedestrian crossed, whether traffic signals were present, and how each person approached the intersection or roadway. When a Colorado Springs pedestrian accident occurs, these right-of-way rules can play an important role in determining who was responsible.
Colorado law generally requires drivers to yield to pedestrians who are crossing within a crosswalk under certain circumstances.
At a crosswalk without traffic control signals, a driver must yield when a pedestrian is on the half of the roadway where the vehicle is traveling or approaching closely enough from the opposite half of the roadway to create a danger.
Drivers approaching a crosswalk in Colorado Springs should therefore pay attention to pedestrians throughout the crossing, rather than waiting until someone steps directly into their lane.
Our Colorado Springs pedestrian accident attorneys can evaluate right-of-way rules and other evidence when determining how a collision occurred and who may be responsible.
No. The presence of a crosswalk does not give pedestrians an unrestricted right to enter the roadway regardless of approaching traffic.
Colorado law prohibits pedestrians from suddenly leaving a curb or other place of safety and entering a crosswalk into the path of a vehicle that is so close that the driver cannot reasonably yield.
For example, a pedestrian who steps directly in front of an approaching vehicle may not be able to rely solely on the fact that the collision occurred within a crosswalk.
After a Colorado Springs pedestrian accident, the timing of the pedestrian's entry into the roadway can become an important issue. Investigators may consider the vehicle's speed, its distance from the crosswalk, visibility, and whether the driver had enough time to recognize the pedestrian and respond.
When traffic control signals or pedestrian signals are present, both drivers and pedestrians must obey them.
Pedestrians should follow applicable "Walk," "Don't Walk," and other pedestrian signals. Drivers must comply with traffic lights and remain alert for pedestrians who are lawfully crossing.
Turning vehicles can create particular risks.
A driver making a right or left turn may be watching oncoming vehicles and fail to notice someone entering or already occupying a crosswalk. Having a green traffic signal does not necessarily mean a driver can turn without yielding to a pedestrian who has the right-of-way.
Busy intersections throughout Colorado Springs can therefore require drivers to monitor both vehicle traffic and pedestrian movement before completing a turn.
Crosswalk rules still apply when an intersection does not have traffic lights.
At an uncontrolled crosswalk, drivers may need to yield to pedestrians who are already crossing under the circumstances required by Colorado law. Drivers approaching from behind another vehicle must also exercise caution when that vehicle has stopped at a crosswalk.
A stopped vehicle may be yielding to a pedestrian who is difficult for another driver to see.
Passing a vehicle stopped at a crosswalk can create a particularly dangerous situation because the pedestrian may emerge into the path of the passing vehicle with little warning.
No. This is an important point for both pedestrians and drivers in Colorado Springs.
People commonly associate a crosswalk with painted white lines or another visible pavement marking. Under Colorado law, however, crosswalks can also exist at intersections even when there are no painted lines.
This means a driver's claim that "there was no crosswalk" may not resolve the right-of-way question simply because the pavement was unmarked.
After an accident, the design of the intersection may need to be examined to determine whether the pedestrian was within a legally recognized crosswalk.
Pedestrians can cross outside a marked or unmarked crosswalk in some circumstances, but different right-of-way rules apply.
When crossing at a location other than a crosswalk, pedestrians generally must yield to vehicles on the roadway.
That does not mean drivers are free to hit someone simply because the pedestrian crossed outside a crosswalk. Drivers still have a responsibility to exercise reasonable care, and a motorist who sees a pedestrian in the roadway may need to take appropriate steps to avoid a collision.
This distinction can become important in a Colorado Springs pedestrian accident claim. Crossing outside a crosswalk may be relevant to fault, but it does not automatically establish that the pedestrian bears all responsibility for the accident.
Right-of-way laws are only part of a driver's responsibility.
Colorado drivers must operate their vehicles with appropriate care for surrounding conditions. Depending on the circumstances, several forms of driver conduct can contribute to a pedestrian collision, including:
Visibility can also be important. Pedestrian accidents may occur at night, during poor weather, or in areas where parked vehicles and other objects make pedestrians more difficult to see.
Drivers should adjust their behavior to the conditions they encounter on Colorado Springs roads.
Yes. Some pedestrian accidents involve mistakes by both the pedestrian and the driver.
For example, a pedestrian might cross outside a crosswalk while a driver is speeding. A pedestrian could enter the roadway against a signal while the approaching driver is distracted by a phone.
Colorado follows a modified comparative negligence system. In a negligence claim, an injured person's compensation can generally be reduced according to their percentage of fault. If the injured person is found to be as much or more at fault than the person against whom recovery is sought, recovery can be barred under Colorado's comparative negligence rule.
As a result, determining percentages of responsibility can have a major effect on a Colorado Springs pedestrian accident claim.
Insurance companies may argue that a pedestrian was distracted, crossed improperly, ignored a signal, or entered the roadway unexpectedly. Those arguments should be compared with the actual evidence surrounding the collision.
Drivers and pedestrians may provide very different accounts of the same collision. Determining who had the right-of-way can require examining independent evidence.
Depending on the Colorado Springs accident, useful evidence may include:
The physical layout of the roadway may also be significant. Photographs and measurements can help establish the location of the crosswalk, sight lines, traffic signs, and the approximate positions of the pedestrian and vehicle.
Some evidence can disappear quickly. Surveillance footage may be overwritten, witnesses may become difficult to locate, and physical evidence at the scene can change. Prompt investigation can therefore be important after a serious pedestrian accident.
Right-of-way can help establish whether a driver, pedestrian, or both failed to comply with applicable traffic laws. However, it is usually only one part of the liability analysis.
An investigation may also consider speed, distraction, visibility, impairment, driver reaction, and whether either person could reasonably have avoided the collision.
These questions are particularly important because pedestrian accidents can cause severe injuries. Without the protection of a vehicle, pedestrians may suffer traumatic brain injuries, fractures, spinal injuries, internal injuries, and other serious harm.
Determining responsibility can affect whether an injured pedestrian can recover compensation for medical expenses, lost income, pain and suffering, and other losses resulting from the collision.
Pedestrians have the right-of-way in many Colorado crosswalk situations, but that right is not absolute. Traffic signals, crossing location, vehicle distance, and the conduct of both the pedestrian and driver can all affect who was required to yield.
If you are dealing with injuries after a pedestrian accident in Colorado Springs, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.
Pribila and Fields, P.C. has successfully handled thousands of personal injury cases and tried scores of cases where an insurance carrier refused to pay fair compensation for injuries, losses or damages.
18 E. Monument Street
Colorado Springs, CO 80903
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Phone: (719) 888-3720
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