Pedestrian crashes in Denver can be life-changing. In winter, when it gets dark early, the roads are slick, and snow piles hide crosswalks, these crashes can be even more serious. Injured people are often in pain, scared, and unsure what to do next. In that confusion, it is easy to listen to myths about who is at fault instead of getting real legal information.
Those myths can hurt your health, your rights, and your ability to recover money for medical bills and lost income. Understanding the basics about liability does not turn you into a lawyer, but it does help you spot bad advice. It also helps you know when it is time to get professional help. A pedestrian accident attorney in Denver can explain your options, deal with insurance companies, and cut through the noise so you can focus on healing.
In this post, we will walk through some of the biggest liability myths we hear after Denver pedestrian crashes and break them down in plain language, with everyday examples instead of legal jargon.
Myth One: The Pedestrian Is Always Right
Many people think drivers are always 100% at fault if they hit a person on foot. Drivers do have a legal duty to use reasonable care, watch the road, and adjust for weather, lighting, and traffic. But pedestrians have duties too. They must:
• Follow walk signals and traffic lights
• Use crosswalks when they are available and safe
• Avoid stepping suddenly into traffic
• Pay reasonable attention to their surroundings
Colorado follows a rule called comparative negligence. In simple terms, fault can be shared. A driver might be mostly at fault, but a pedestrian might be partly at fault too. Being on foot does not automatically make you right or guarantee a full payout.
Think about situations like these: someone walks across a street while staring at a phone, wearing noise-canceling headphones, and never looks up. Or someone crosses against the light on an icy night, slipping into the lane when cars are already moving. Or a person steps out from between parked cars where drivers have almost no time to react.
In each of these examples, the driver still has duties. The driver may have been speeding, looking at a text, or driving too fast for a snowy road. Even if the pedestrian made a mistake, they may still recover compensation if the driver was more at fault. A pedestrian accident attorney in Denver can investigate what really happened, gather camera footage and witness statements, work with experts if needed, and push back when an insurance company tries to pin all of the blame on the person who was hit.
Myth Two: Jaywalking Always Destroys Your Claim
Another common myth is that if you were jaywalking, you have no case at all. Jaywalking usually means crossing outside a crosswalk or going against the walk signal. It is a traffic violation, but it is not an automatic bar to recovering money after a crash.
Under Colorado’s comparative negligence rules, jaywalking might reduce your recovery, depending on how much your actions contributed to the crash. But it does not always wipe out your claim. Insurance companies often act like being outside a marked crosswalk ends the discussion. That is not how the law works.
Real life is messy, especially in winter. Snowbanks can block sidewalks. Icy patches can make certain corners dangerous. Sometimes the “safe” crosswalk is not actually safe that day. Even if you crossed mid-block, drivers still have a duty to:
• Adjust their speed for snow, ice, and slush
• Watch for people who might be near the roadway
• Use headlights and clear windows for better visibility
• Avoid distractions like phones or in-car screens
When fault is evaluated, people should look at the full picture, including driver speed, weather, lighting, road design, and whether the driver was distracted or impaired. A skilled pedestrian accident attorney in Denver can explain why you crossed where you did, how conditions affected your choices, and what a reasonable driver should have done under the same conditions.
Myth Three: No Police Report Means No Case
Many pedestrian crashes never lead to a detailed police report. Sometimes people are in shock and just want to get home. In lower-speed impacts, they may not feel pain right away. In other cases, the driver leaves before police arrive. This can leave people thinking they have no case because there is no official report, or the report is only a few lines long.
That belief is wrong. A police report is helpful, but it is not the only way to prove what happened. Other types of evidence can be just as powerful, including:
• Statements from anyone who saw the crash or stopped to help
• Security or doorbell camera footage from nearby homes or businesses
• Photos of the scene, skid marks, snow piles, and traffic signs
• Medical records that show how and when your injuries started
• Damage to the vehicle or bicycle that hit you
Some injuries appear or get worse hours or days after a crash. Concussions, soft-tissue strains, and internal injuries are common examples. Prompt medical care helps protect your health and creates a clear link between the impact and your symptoms.
Lawyers can help collect and protect evidence even if the scene is long cleared. They can request or correct police reports, contact nearby businesses to preserve video before it is erased, track down witnesses, and build a detailed timeline. So if you were hurt in a chaotic winter crash and feel like the paperwork is thin, do not assume you are out of options.
Myth Four: The Insurance Company Will Treat You Fairly
Insurance ads often show friendly faces and quick help. The reality after a serious pedestrian crash is usually very different. Insurance companies are businesses. They aim to limit payouts, especially when injuries are serious or life-lasting.
Many people think giving a recorded statement right away or accepting the first settlement offer is the best way to “keep things simple.” That can backfire. Common tactics include:
• Suggesting you were not watching where you were walking
• Blaming winter boots, dark clothing, or poor visibility instead of driver choices
• Ignoring how ice, slush, and snow piles affected stopping distance
• Downplaying pain, stiffness, or concussion symptoms as “minor”
Early settlement offers often do not reflect:
• Future medical visits, therapy, or surgery
• Time you may miss from work in the future
• Limits on hobbies, exercise, or family activities
• Ongoing pain, mental stress, and loss of independence
Clear and consistent communication is important, but you do not need to handle that alone. A pedestrian accident attorney in Denver can talk with the insurance adjusters for you, help you avoid statements that can be twisted, work with your medical providers to understand your injuries, and take the case to trial if negotiations are unfair.
Myth Five: You Have Plenty of Time to Decide
After a crash, many people say they want to “wait and see how things go” before talking with a lawyer or even seeing a doctor. They think there is plenty of time. In reality, there are legal deadlines in Colorado that limit how long you have to file a claim in court. If you miss that deadline, your case may be gone for good.
Waiting also makes evidence disappear. Snow melts. Skid marks fade. Damaged signs get fixed. Security video gets recorded over. Witnesses move away or forget small but important details. The longer you wait, the harder it becomes to show what really happened.
It is smart to get a medical evaluation as soon as you can, even if you feel “mostly fine.” That visit protects your health and also creates a clear record that ties your injuries to the crash, not to something that happened days later.
Early legal help can:
• Gather and preserve photos, video, and other records
• Coordinate with medical providers to document your care
• Track important deadlines so you do not miss them
• Give you a clearer sense of your options before you decide anything
Talking with a lawyer does not force you into a lawsuit. It simply gives you good information and more control over the next steps.
Clear Answers to Common Denver Pedestrian Questions
What should you do right after a pedestrian accident? First, get to a safe place away from traffic if you can, and call 911 or ask someone to call. Accept medical care at the scene, even if you feel shaken but “okay.” If you are able, gather the driver’s contact and insurance details, as well as names and numbers for any witnesses. Take photos of the scene, your injuries, and the surrounding area. Try not to argue about fault or apologize. Short, factual statements are safer than guesses. Before giving detailed statements to any insurance company, talk with a trusted attorney.
Can you still recover compensation if you were partially at fault? In Colorado, you may still recover money as long as you were not more at fault than the other party. Your compensation might be reduced by your share of fault, but it does not disappear automatically. Fault is rarely black and white, especially with winter weather, low light, and mixed decisions by both driver and pedestrian. Getting legal advice before assuming you have no case is important.
How much is a pedestrian accident case worth? There is no honest one-size-fits-all answer. The value depends on things like:
• Medical bills you already have
• Future treatment you may need
• Time you missed or will miss from work
• How your injuries affect daily life and activities
• Physical pain and emotional stress
A careful investigation is needed to understand both your current losses and your future needs.
How much does it cost to hire a pedestrian accident attorney? Many personal injury lawyers work on a contingency fee basis. In simple terms, that usually means the attorney is paid a percentage of the money recovered at the end of the case. There are typically no upfront legal fees. Many firms also offer free first meetings so you can learn about your options before making any decisions.
Take Control of Your Recovery After a Denver Pedestrian Crash
Myths about liability, jaywalking, police reports, and insurance companies can quietly chip away at your rights after a Denver pedestrian crash. They can also delay the care and support you need. Getting clear information early helps you protect your health, your family, and your future.
At CO Trial Lawyers, we focus on listening, explaining things in plain language, and building a plan that fits each person’s situation. If you were hurt walking in Denver, in winter or any other season, you do not have to sort through these questions alone.
Take The First Step Toward Accountability And Recovery
If you were hit as a pedestrian, you should not have to navigate medical bills, lost wages, and insurance companies on your own. Our team at CO Trial Lawyers is ready to listen to your story, explain your options, and fight for the compensation you deserve. Whether you need a dedicated pedestrian accident attorney in Denver or want clarity about your rights after a collision, we are here to help. For a confidential consultation, contact us today.