Can Pedestrians Be at Fault in an Accident in Colorado?

When a pedestrian is hit by a vehicle, it’s natural to assume the driver is always to blame. After all, vehicles are heavier, faster, and more dangerous in a collision. But under Colorado law, fault is not automatic — and in some cases, the pedestrian can be found partially or even fully at fault for the accident.

If you’ve been involved in a pedestrian accident in Colorado, understanding how liability is determined is crucial. This blog will explain when a pedestrian may be considered at fault, how Colorado’s comparative negligence law works, and what it means for your ability to recover compensation after an accident in Colorado Springs or elsewhere in the state.

Are Pedestrians Always Right? Not Under Colorado Law

Pedestrians do have important rights in Colorado, particularly when crossing at crosswalks or intersections with traffic signals. However, they also have legal responsibilities. Colorado traffic laws require pedestrians to obey traffic signals, use crosswalks when available, and avoid entering traffic in a way that creates an immediate hazard.

Here are a few examples where a pedestrian may be found partially or fully at fault:

• Jaywalking: Crossing the street outside a marked crosswalk, especially between intersections, is considered a violation of traffic laws and may shift some liability to the pedestrian.
• Crossing against a signal: Entering the street when the pedestrian signal shows “Don’t Walk” can lead to a finding of fault if a collision occurs.
• Suddenly entering traffic: If a pedestrian darts out into the road or steps into the path of a car without warning, the driver may not have time to react — which could lead to the pedestrian being held responsible.
• Walking while impaired: Intoxicated pedestrians who ignore signals or veer into traffic lanes can be considered negligent.
• Distractions: Looking down at a phone or wearing headphones that prevent awareness of surroundings can also factor into liability.

While drivers have a duty to remain alert and avoid hitting pedestrians, they are not automatically liable if the pedestrian broke the law or behaved unpredictably. Determining who was at fault — and to what degree — often requires a detailed look at how the accident occurred.

How Colorado’s Comparative Negligence Law Affects Pedestrian Claims

Colorado uses a legal principle called modified comparative negligence to determine how compensation is awarded in personal injury cases — including pedestrian accidents. Under this system:

• You can recover compensation even if you were partially at fault — as long as you were less than 50% responsible for the accident.
• If you are found 50% or more at fault, you cannot recover any damages.
• Your total compensation is reduced by your percentage of fault.

Let’s say you were crossing the street outside a crosswalk, but a driver was speeding and failed to yield. If a jury finds you 30% at fault and your total damages are $100,000, your award would be reduced to $70,000. But if you were found 55% at fault, you would recover nothing.

This system makes it essential to work with a law firm that understands how to properly investigate, gather evidence, and challenge unfair attempts to shift blame onto injured pedestrians. At Pribila and Fields, we’re experienced in proving negligence and helping victims recover compensation even in cases where liability is contested.

What Evidence Helps Prove Fault in a Pedestrian Accident?

Fault in pedestrian accidents is rarely determined by opinion alone. Strong evidence is key to supporting your side of the case. Our legal team often uses the following types of evidence to establish who was responsible:

• Surveillance or traffic camera footage that shows how the accident occurred
• Police reports with officer observations or citations issued at the scene
• Eyewitness statements from others who saw the crash
• Skid marks or vehicle damage that indicate driver speed or direction
• Medical records that document the severity and timing of injuries

In some cases, we also work with accident reconstruction experts who can analyze the scene and provide a professional opinion on what caused the collision. This type of analysis can be especially important in cases where the driver or their insurer is trying to claim the pedestrian stepped into traffic unexpectedly.

Can You Still File a Claim if You Were Partially at Fault?

Yes — and you should. Many pedestrians assume that if they made a mistake (like jaywalking), they have no legal right to seek damages. That’s not true. As long as your fault is less than 50%, you may still recover compensation for your injuries.

Even if your actions contributed to the accident, the driver may still bear more responsibility — especially if they were speeding, distracted, intoxicated, or violating traffic laws at the time of the crash. It’s not uncommon for multiple parties to share fault in a pedestrian accident, and your percentage can make a significant difference in your outcome.

What Types of Compensation Can Pedestrians Recover?

If you're injured in a pedestrian accident in Colorado and the driver is found fully or mostly at fault, you may be entitled to compensation for:

• Medical bills (emergency care, surgery, rehab, etc.)
• Lost wages due to missed work
• Loss of future earning ability (if disabled)
• Pain and suffering
• Emotional trauma or mental anguish
• Disfigurement or long-term disability

These damages can be significant — especially since pedestrian injuries often involve broken bones, brain injuries, or spinal trauma. A skilled attorney can help calculate and document the full extent of your losses.

Talk to a Colorado Springs Pedestrian Accident Lawyer

If you were hit by a car while walking — even if you weren’t in a crosswalk or you made a mistake — you may still have a valid claim. Don’t let an insurance adjuster convince you the accident was your fault without speaking to an attorney.

At Pribila and Fields, we represent injured pedestrians throughout Colorado Springs and all of Colorado. We’ll investigate the accident, protect your rights, and fight for the compensation you deserve under Colorado law.

If you’ve been injured in a pedestrian accident, contact us today for a free consultation. We’re here to help you take the next step forward with confidence.