Pedestrian rights and responsibilities in Colorado are governed by state statutes and local ordinances that dictate when and where pedestrians have the right of way. While Colorado law aims to protect pedestrians from harm, pedestrians must also follow certain rules to ensure safe interactions with vehicles.
If you have suffered injuries in an accident as a pedestrian, you should consult with a Colorado car accident attorney to pursue compensation for your injuries and losses.
Pedestrian Right of Way Laws in Colorado
Colorado pedestrian rules regarding right-of-way are outlined in Colorado Revised Statutes (C.R.S.) Title 42, Article 4, Part 8. These laws establish scenarios where pedestrians have the right of way and when they must yield to vehicles.
Pedestrian Right of Way at Crosswalks
- Marked Crosswalks at Intersections: Under C.R.S. 42-4-802(1), drivers must yield the right of way to pedestrians crossing within marked or unmarked crosswalks at intersections.
- Traffic-Control Signals: If a pedestrian signal is present, pedestrians must obey it. If no signal exists, drivers must stop and allow pedestrians to cross safely.
- Vehicles Must Fully Stop: Colorado law requires drivers to come to a full stop at a crosswalk if a pedestrian is crossing, particularly when the pedestrian is in the same half of the roadway or approaching closely.
- No Overtaking at a Crosswalk: Drivers cannot overtake or pass another vehicle that has stopped at a crosswalk for a pedestrian (C.R.S. 42-4-802(3)).
Pedestrian Right of Way at Intersections Without Crosswalks
- If an intersection lacks a marked crosswalk, pedestrians do not automatically have the right of way.
- Pedestrians must yield to vehicles if they’re crossing a road at an unmarked location (C.R.S. 42-4-803).
Do Pedestrians Always Have the Right of Way? When Must Pedestrians Yield?
- Jaywalking Is Illegal: Pedestrians must not cross mid-block unless at a designated crosswalk.
- Pedestrians Cannot Suddenly Enter Traffic: If a vehicle is too close to stop in time, pedestrians cannot suddenly leave the curb and walk into traffic (C.R.S. 42-4-802(4)).
- Crossing Outside of Designated Areas: If crossing anywhere other than a crosswalk, pedestrians must yield to all vehicles on the roadway.
Special Rules for School Zones and Pedestrian-Controlled Crossings
- School Crosswalks: Drivers must always yield when a crossing guard or flashing lights indicate pedestrian presence.
- Pedestrian-Controlled Signals: Some crosswalks have buttons allowing pedestrians to activate flashing lights. Vehicles must stop and wait until pedestrians cross safely.
What Happens if a Pedestrian Is Hit by a Car in Colorado?
Driver Liability in Pedestrian Accidents
- If a driver fails to yield at a crosswalk and hits a pedestrian, they may face civil liability for damages.
- The driver may also be cited for a traffic violation or reckless driving, depending on the circumstances.
Pedestrian Liability in Accidents
- If a pedestrian crosses unlawfully and gets hit, they may share liability for the accident under Colorado’s modified comparative negligence rule (C.R.S. 13-21-111).
- If a pedestrian is found more than 49% at fault, they may not recover compensation in a personal injury claim.
Penalties for Violating Pedestrian Laws in Colorado
- Drivers who fail to yield to pedestrians at crosswalks can face fines and points on their licenses.
- Pedestrians who unlawfully cross roads can receive a citation for jaywalking, typically resulting in a small fine.
- If an accident occurs due to negligence, the at-fault party may face civil lawsuits for injuries and damages.
Safety Tips for Drivers and Pedestrians
For Pedestrians
- Always use designated crosswalks and pedestrian signals when available.
- Avoid crossing between parked cars or outside of designated areas.
- Make eye contact with drivers before crossing to ensure they see you.
For Drivers
- Always be aware of pedestrians, especially in school zones and residential areas.
- Stop completely at crosswalks when pedestrians are crossing.
- Be extra cautious at night and in low-visibility conditions.
Laws for Motorists in Colorado to Protect Pedestrians
While Colorado law protects driver, passenger, and pedestrian rights, it places a legal duty on motorists to drive with caution and yield to pedestrians in certain situations.
Yielding at Crosswalks
Under C.R.S. § 42-4-802, drivers must yield the right-of-way to pedestrians crossing the road within a marked or unmarked crosswalk at an intersection. If a pedestrian is in a crosswalk on the same half of the roadway as the vehicle or is approaching closely from the other half, the driver must slow down or stop.
Prohibition on Passing Vehicles Stopped for Pedestrians
If a vehicle has stopped at a crosswalk to allow a pedestrian to cross, C.R.S. § 42-4-802(2) prohibits another vehicle from overtaking and passing the stopped vehicle. This helps prevent accidents where a pedestrian steps out from in front of one vehicle and is struck by another driver who does not see them.
Duty to Exercise Due Care
Even in situations where pedestrians may not have the right of way, C.R.S. § 42-4-807 requires drivers to exercise due care to avoid hitting a pedestrian. This includes honking to provide a warning when necessary and taking all reasonable actions to prevent a collision.
School Zones and School Buses
Drivers must be particularly cautious near school zones and when approaching a school bus with flashing red lights, which signals that children may be crossing. Failure to stop for a school bus is a serious traffic offense in Colorado.
Right Turns on Red and Crosswalk Safety
While Colorado law allows drivers to turn right on red after stopping, motorists must always yield to pedestrians in the crosswalk before proceeding. Many pedestrian accidents occur when drivers fail to check for pedestrians before making a right turn.
Stopping for Pedestrians with Disability
Under C.R.S. § 42-4-808, drivers must always stop and yield the right-of-way to pedestrians who are visibly blind (carrying a white cane or accompanied by a guide dog) or who have other mobility impairments.
How Our Colorado Pedestrian Accident Attorneys Will Prove Liability of the Negligent Driver
With Ganderton Law, you have a strong legal ally on your side. Our Colorado pedestrian accident lawyers move fast to collect evidence and build a compelling case against the negligent driver.
Police Reports and Traffic Citations
The official police report from the accident scene is a critical piece of evidence. It may include:
- The officer’s assessment of fault
- Statements from drivers, pedestrians, and witnesses
- Any issued traffic citations (e.g., failure to yield, distracted driving, speeding)
Surveillance and Traffic Camera Footage
If the accident occurred near businesses, intersections, or parking lots, security or traffic cameras may have captured the collision. This footage can provide clear proof of the driver’s actions leading up to the crash.
Eyewitness Statements
Independent eyewitnesses can provide crucial testimony about:
- Whether the pedestrian had the right-of-way
- The driver’s speed and behavior before the accident
- Traffic conditions at the time of the crash
Vehicle Damage and Accident Reconstruction
The damage to the vehicle can indicate:
- The speed and force of impact
- The point of contact (e.g., front bumper, windshield, side mirror)
- Whether the driver attempted to brake before the collision
Accident reconstruction experts can analyze this evidence to scientifically determine how the crash occurred and who was at fault.
Driver’s Cell Phone Records
If distracted driving is suspected, we may obtain the driver’s phone records to determine whether they were texting, talking on the phone, or using apps at the time of the crash.
Black Box Data (Event Data Recorder – EDR)
Many modern vehicles have event data recorders that capture vital information, such as:
- Speed at the time of impact
- Sudden braking or lack of braking
- Steering wheel movement
This data can help establish whether the driver was speeding or failed to react in time.
Toxicology Reports (DUI Evidence)
If the driver was under the influence of alcohol or drugs, toxicology reports from the police or hospital records can provide conclusive proof of impairment, strengthening your case.
Pedestrian’s Clothing and Injury Patterns
The location of injuries on the pedestrian’s body and damage to clothing can help determine:
- The angle of impact
- The force of the collision
- Whether the pedestrian was in the crosswalk or roadway
Medical Records and Expert Testimony
Medical records establish the severity of injuries and treatment required. Expert medical testimony can further demonstrate how the accident caused your injuries and long-term health consequences.
Road and Weather Conditions
Photographs, weather reports, and road condition data can help prove:
- Poor lighting, obstructed crosswalks, or road hazards
- Whether the driver failed to adjust their speed for bad weather conditions (rain, snow, ice)
By collecting and preserving this evidence, our attorneys at Ganderton Law, LLC build a strong case to prove the driver’s negligence and maximize your compensation.
Get Our Seasoned Colorado Pedestrian Accident Lawyers on Your Side
If you have been injured in an accident due to a driver’s negligence, our Colorado pedestrian accident attorneys at Ganderton Law, LLC can provide you with the strongest legal representation you need. Attorney Dave Ganderton brings a combination of trial experience, a background in psychology, and a comprehensive understanding of both sides of personal injury law. With a proven track record of multi-million dollar settlements and verdicts, Dave is a formidable advocate for your rights. To schedule your free consultation, call us at (888) 711-4006 or contact us online.
