Pedestrian and Bicycle Accident in Denver: Your Rights as a Victim

Call 911 immediately after being hit by a vehicle. If you are physically able, stay at or near the scene until police arrive. If you are too injured to call, ask a bystander for help. Tell the dispatcher your location (intersection, block number, nearest landmark) and that a pedestrian or cyclist was struck by a vehicle.

If the driver stops, get their name, phone number, insurance information, driver's license number, and plate number. If the driver flees, try to note the vehicle's plate number, color, make, model, and direction of travel. Report this to the 911 dispatcher immediately. Hit-and-run involving injury is a felony in Colorado (C.R.S. § 42-4-1601).

Ask witnesses to stay until police arrive. Witness testimony about the driver's behavior — running a red light, failing to stop at a crosswalk, speeding, distracted driving — is often the most important evidence in pedestrian and bicycle crash cases.

Pedestrian and bicycle accident injuries are typically severe because the human body has no protection against vehicle impact. Common injuries include traumatic brain injuries (even with a helmet, cyclists suffer TBIs), broken bones in legs, arms, pelvis, and ribs, spinal cord injuries, internal organ damage and internal bleeding, road rash and deep lacerations, and knee and shoulder injuries.

Accept EMS transport to the hospital if offered. Denver Health Medical Center is a Level I trauma center. UCHealth and Swedish Medical Center also handle major trauma cases. If EMS does not transport you, go to the nearest ER immediately — adrenaline can mask serious injuries for hours. Insist on a thorough examination including imaging (X-ray, CT scan) of any area that was struck or that hurts.

Follow all treatment recommendations. Pedestrian and bicycle crash injuries often require surgery, extended physical therapy, neurological evaluation, and long-term rehabilitation. Document every medical visit, every bill, and every work day missed.

If you are able, photograph the scene: the intersection or road where you were hit, crosswalk markings, traffic signals, sight lines, the driver's vehicle (especially front-end damage), your bicycle if applicable, your injuries, and any torn or damaged clothing. Preserve your clothing and helmet — damage patterns on these items can prove the point and direction of impact.

If you were cycling, preserve your bicycle exactly as it was after the crash. Do not repair it. Damage to the bicycle and its position relative to the vehicle tell the story of the collision. If you had a cycling computer, GPS watch, or phone app tracking your ride, save the data — it shows your speed and position at the time of the crash.

Note whether the intersection has traffic cameras, red-light cameras, or nearby business surveillance cameras. Request footage preservation through police or your attorney before it is overwritten.

Colorado law imposes specific duties on drivers when interacting with pedestrians and cyclists. Drivers must yield to pedestrians in marked crosswalks and unmarked crosswalks at intersections (C.R.S. § 42-4-802). Drivers must exercise due care to avoid hitting pedestrians anywhere on the road (C.R.S. § 42-4-805). When passing a cyclist, drivers must allow at least 3 feet of clearance (C.R.S. § 42-4-1002.5).

Violation of any of these duties is negligence per se — meaning the violation itself is evidence of negligence in your civil claim. If the driver is cited for failing to yield to a pedestrian, passing a cyclist too closely, speeding, running a red light, or distracted driving, that citation is powerful evidence for your case.

Pedestrians also have duties under Colorado law: using crosswalks when available, obeying pedestrian signals, and not suddenly leaving a curb into the path of a vehicle that cannot stop (C.R.S. § 42-4-803). Cyclists must follow traffic rules, ride in the same direction as traffic, and use lights at night. Violations by the pedestrian or cyclist can reduce your recovery under comparative negligence.

Colorado's modified comparative negligence rule (Colo. Rev. Stat. § 13-21-111) applies to pedestrian and bicycle crashes. The driver's insurance company will look for ways to argue you were partially at fault: jaywalking, crossing against a signal, not wearing visible clothing at night, or cycling without lights after dark.

Your compensation is reduced by your fault percentage. At 50% or more fault, you recover nothing. Strong evidence that the driver violated a traffic law (failed to yield, was speeding, was distracted) makes comparative fault arguments harder for the defense. Document the signal state, crosswalk availability, lighting conditions, and your compliance with pedestrian or cyclist laws.

The at-fault driver's liability insurance is the primary source of compensation. Colorado's minimum is 25/50/15, which may not cover severe pedestrian or bicycle injuries. If the driver's coverage is insufficient, your own underinsured motorist (UIM) coverage applies. If the driver is uninsured or flees the scene, your uninsured motorist (UM) coverage steps in.

MedPay on your auto policy covers your medical bills regardless of fault, even if you were not in a vehicle at the time. Many people do not realize MedPay applies to pedestrian and bicycle crashes. Your health insurance also covers treatment. If you were cycling, check whether you have any cycling-specific insurance that may provide additional coverage.

Colorado's statute of limitations for motor vehicle injury claims is 3 years (Colo. Rev. Stat. § 13-80-101). If the driver was a government employee or the crash was caused by a government road design defect (missing crosswalk, broken pedestrian signal, inadequate bike lane design), you must file a CGIA notice within 182 days.

Pedestrian and bicycle crash injuries are often catastrophic, requiring years of treatment. Do not settle before reaching maximum medical improvement. But do not delay taking legal action either — evidence deteriorates, witnesses relocate, and deadlines pass.

Were you hit by a car while walking or cycling in Denver? Take our free 2-minute assessment. We will evaluate your claim based on fault, injury severity, and insurance coverage and connect you with a Denver attorney experienced in pedestrian and bicycle accident cases.

Pedestrians and cyclists are the most vulnerable road users. When a driver fails to yield, runs a red light, or passes too close, the consequences are devastating. Colorado law protects you. Start with the assessment — it is free, confidential, and can help you understand your path to compensation.