Pedestrian Rights in Colorado: What Happens Immediately After You Are Hit?

Hit by a car while walking? The injuries are severe, and the driver will almost always try to blame you. Learn your rights and how to find insurance coverage immediately.

There is no such thing as a “minor” pedestrian accident. When a 3,000-pound vehicle strikes an unprotected human body, the results are catastrophic—even at low speeds.

If you or a loved one has just been hit, your world has turned upside down. You are likely facing severe orthopedic injuries, head trauma, and a long road to recovery.

While you are fighting for your health, the driver’s insurance company is already fighting to blame you. They want to say you “darted out” or weren’t in a crosswalk. You need to know the truth about Colorado pedestrian laws right now to stop them from denying your valid claim.

The “Jaywalking” Myth: You Might Have More Rights Than You Think

Insurance adjusters love to deny claims by saying, “You weren’t in a marked crosswalk.”

In Colorado, that often doesn’t matter. Under Colorado law, every intersection is considered a crosswalk, whether lines are painted on the road or not. If you were crossing at a corner, you likely had the right of way.

Even if you were crossing mid-block (technically “jaywalking”), the driver still has a legal duty to exercise “due care” to avoid hitting you. If they were speeding, texting, or drunk, they can still be held mostly liable for your injuries even if you weren’t in the perfect spot. Do not let them bully you into dropping your claim.

Who Pays My Medical Bills? (It’s Confusing)

This is the biggest immediate stressor. You were walking, so you might not think auto insurance applies. It does, and you might have more coverage than you realize.

  1. The At-Fault Driver: Their bodily injury liability insurance is the primary source of funds for your bills and pain and suffering.
  2. Your OWN Auto Insurance: If you have “Medical Payments” (MedPay) on your own car insurance policy, it typically covers you even when you are walking. This can provide immediate cash for ER bills.
  3. Your Resident Relative’s Insurance: If you live with a family member who has auto insurance, their policy might cover you as a pedestrian.
  4. Uninsured Motorist (UM) Coverage: If hit by a driver with no insurance (or a hit-and-run), your own UM policy (or that of a resident relative) should step in to pay your claim.

Finding all these hidden pockets of insurance coverage is critical when hospital bills are tens of thousands of dollars.

The Danger of the “Quick Settlement”

Because pedestrian injuries are so severe (often involving Traumatic Brain Injuries or complex fractures that don’t show full symptoms immediately), insurance companies try to settle FAST.

They might offer you $15,000 next week. It sounds like a lot of money until you need a $100,000 surgery six months from now. Once you sign that release, you can never ask for more.

Immediate Action Steps

  • Save Your Clothing: If your shoes were knocked off, or your clothes were torn and bloody, do NOT wash them or throw them away. They are evidence of the force of impact.
  • Don’t Give a Statement: The driver’s insurance will call you while you are on pain medication. They are recording you, hoping you say something foggy that hurts your case.

You need an advocate to find every available insurance policy and fight the “jaywalking” bias while you focus on healing.

Frequently Asked Questions

1. The police report says I was at fault for crossing mid-block. Is my case over? NO. Police reports are just an officer’s initial opinion; they are not the final judge and jury. We can often use accident reconstruction to prove the driver had ample time to see you and stop, regardless of where you were crossing.

2. What if it was a hit-and-run and they never caught the driver? You are not out of luck. This is exactly what your own Uninsured Motorist (UM) coverage is for. You can file a claim against your own policy, and by law, they cannot raise your rates for an accident that wasn’t your fault.

3. I was hit in a parking lot, not a road. Does that change things? Not really. Drivers in parking lots still have a duty to watch for pedestrians. In fact, their duty is often higher because they know people are walking there. Standard auto insurance still applies.

4. Can I still claim if I had been drinking before walking home? Yes. While the defense might argue you were impaired, you weren’t the one driving a 3,000-pound lethal weapon. The driver’s responsibility to avoid hitting you usually outweighs your own intoxication, especially if you were just walking.