Pedestrian AccidentUpdated March 2026

Hit by a Car While Walking in Denver?

Pedestrians don't have airbags, seatbelts, or a steel frame. When a vehicle hits you on foot, the injuries are almost always serious. Denver recorded 35 pedestrian deaths in 2025 — the highest in a decade and a 50% increase over the prior year. Here's what to do to protect yourself and your rights under Colorado law.

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Key Takeaways

  • Get out of the traffic lane and call 911 immediately — if the driver fled, give the dispatcher every detail you can about the vehicle, including make, model, color, and any partial plate number.
  • Colorado's statute of limitations is 3 years for personal injury (C.R.S. § 13-80-101) and 2 years for wrongful death (C.R.S. § 13-21-204) — claims against government entities require written notice within 182 days (C.R.S. § 24-10-109).
  • Under Colorado's modified comparative negligence rule (C.R.S. § 13-21-111), the insurance company will try to blame the pedestrian — but drivers have a statutory duty to yield to pedestrians in crosswalks and exercise due care to avoid hitting any pedestrian on the roadway.
  • Denver recorded 35 pedestrian fatalities in 2025 — the highest in a decade — with Colfax Avenue, Federal Boulevard, and Broadway among the most dangerous corridors. Statewide, pedestrian deaths are up 88% since 2015.
  • If the driver fled, your own uninsured motorist (UM) coverage applies even when you were on foot — Colorado insurers must offer UM coverage equal to your liability limits (C.R.S. § 10-4-609), and most drivers carry it unless they declined in writing.
  • Most pedestrian accident attorneys in Denver work on contingency with free consultations — pedestrian cases often involve higher damages due to the severity of injuries, and an attorney can obtain surveillance footage and push for a thorough police investigation.
1

Get Out of the Road and Call 911

If you've been hit by a car, your first priority is getting out of the travel lane if you can move safely. Denver's high-volume roads — Colfax Avenue, Federal Boulevard, Broadway, Colorado Boulevard — are dangerous for anyone on foot, especially after a crash when other drivers may not see you.

Call 911 immediately. If the driver who hit you is still at the scene, do not let them leave without police documenting the incident. If the driver fled, give the dispatcher everything you can: vehicle make, model, color, direction of travel, any part of the plate number. Denver averages over 40 motor vehicle crashes per day, and police resources are stretched — providing detailed information immediately increases the chances of locating a hit-and-run driver.

Even if your injuries seem minor, get police on the scene. The crash report is your most important piece of evidence. Without it, proving what happened becomes exponentially harder.

2

Get Medical Attention the Same Day

Pedestrian injuries are almost never minor. When a 4,000-pound vehicle hits an unprotected human body, the result is broken bones, head trauma, spinal injuries, internal bleeding, and severe soft tissue damage. A pedestrian hit at 40 mph has roughly a 50% chance of dying. You may feel functional at the scene because of adrenaline, but that doesn't mean you're okay.

Get to an emergency room the same day. Denver Health Medical Center at 777 Bannock Street is Denver's Level I Adult Trauma Center and the primary 911 receiving hospital for the City and County of Denver. UCHealth University of Colorado Hospital on the Anschutz Medical Campus in Aurora is a second Level I trauma center. HCA HealthONE Swedish Medical Center at 501 East Hampden Avenue in Englewood is a Level I trauma and burn center. For children struck by vehicles, Children's Hospital Colorado in Aurora is the region's leading pediatric trauma facility.

A same-day medical visit does two things: it gets you treated, and it creates a documented link between the crash and your injuries. If you wait days or weeks to see a doctor, the insurance company will argue your injuries came from something else or aren't as serious as you claim.

3

Document Everything at the Scene

If you're physically able, pull out your phone before you leave the scene. Photograph the vehicle that hit you — front end, license plate, any damage to the hood or bumper. Pedestrian impacts leave distinctive marks on vehicles: dents in the hood, cracked windshields, broken headlights. Those marks are evidence.

Photograph the intersection or road where you were hit. Capture crosswalk markings (or the lack of them), traffic signals, sight lines, lighting conditions, and any road hazards. Take wide shots that show the full scene and close-ups of specific details.

Get contact information from witnesses. Other drivers, pedestrians, cyclists, people at bus stops — anyone who saw the crash. Write down the responding officer's name and badge number, and ask how to obtain a copy of the crash report.

If you were in a crosswalk, note whether the pedestrian signal was active. If the crosswalk was unmarked, note the intersection. Colorado law gives pedestrians the right of way in all crosswalks — marked and unmarked — and unmarked crosswalks exist at every intersection unless specifically signed otherwise.

4

Understand Colorado's Pedestrian Right-of-Way Laws

Colorado law is clear about pedestrian rights. Under C.R.S. § 42-4-802, drivers must yield the right of way to pedestrians in crosswalks. Under C.R.S. § 42-4-805, every driver must exercise due care to avoid colliding with any pedestrian on the roadway — regardless of whether the pedestrian is in a crosswalk.

Denver has both marked crosswalks (painted stripes) and unmarked crosswalks. Under Colorado law, an unmarked crosswalk exists at every intersection — the invisible extension of the sidewalk across the street. Drivers are required to yield in both.

That said, pedestrians also have duties. C.R.S. § 42-4-803 provides that pedestrians crossing outside of a crosswalk must yield to vehicles. Under Colorado law, jaywalking constitutes negligence per se — meaning the violation itself is evidence of fault. This doesn't automatically bar your claim, but it gives the insurance company strong ammunition to argue comparative fault. Under Colorado's modified comparative negligence rule (C.R.S. § 13-21-111), if you're found 50% or more at fault, you recover nothing.

The insurance company will look for any evidence of shared fault — crossing against a signal, walking while distracted, wearing dark clothing at night. This is why documenting the scene and consulting an attorney before speaking to any insurance company are critical steps.

5

File a Police Report and Get a Copy

If the Denver Police Department responded to the scene, they'll generate a crash report automatically. If officers did not respond, file a report yourself — Colorado law (C.R.S. § 42-4-1606) requires drivers to file a written crash report with the Colorado Department of Revenue within 10 days if the crash caused injury.

To obtain your Denver Police crash report, contact the Denver Police Department Records Section at 1331 Cherokee Street, Room 420, Denver, CO 80204. Phone: 720-913-6029 (Monday through Friday, 10:00 AM to 4:00 PM). Reports can also be requested online. The fee is $10.00 for a standard accident report.

The police report is your single most important document. It captures the officer's observations, witness statements, diagrams of the crash scene, and often a preliminary determination of fault. If you believe the report contains errors — wrong location, incorrect description of events, missing witnesses — you can request a supplemental report or correction.

6

Do NOT Give a Recorded Statement to the Driver's Insurance

The at-fault driver's insurance company will contact you quickly — often within 48 hours. Their adjuster may sound sympathetic. They are not on your side. Their job is to pay as little as possible, and their most effective tool is getting you to say something that suggests you were partly at fault — which under Colorado's modified comparative negligence rule would reduce or eliminate your compensation.

You are not legally required to give them a recorded statement. If they ask, say: "I'm not prepared to give a statement at this time." They may also offer a quick settlement. Don't accept it — early offers in pedestrian cases are almost always far below the true value of the claim, especially before you know the full extent of your injuries.

Pedestrian injuries tend to be severe and expensive. Broken bones, traumatic brain injuries, spinal cord damage, and surgical reconstruction are common. A settlement that covers your current ER bill may not come close to covering six months of physical therapy, lost wages, or permanent disability.

7

Understand Colorado's 3-Year Statute of Limitations

Under C.R.S. § 13-80-101, you have three years from the date of the accident to file a personal injury lawsuit in Colorado. For wrongful death claims, the deadline is shorter: 2 years from the date of death (C.R.S. § 13-21-204). Colorado courts enforce these deadlines strictly — miss them and your claim is permanently barred.

If your accident involved a government-maintained road or sidewalk — and many pedestrian crashes in Denver do, given the city's extensive road network and ongoing construction — the Colorado Governmental Immunity Act (C.R.S. § 24-10-109) requires written notice within 182 days. That's roughly 6 months. This is one of the most commonly missed deadlines in Colorado personal injury law. If a poorly maintained crosswalk, missing signal, broken streetlight, or dangerous road design contributed to your accident, consult an attorney immediately.

Three years may sound like enough time, but building a strong pedestrian case takes longer than you think. Your attorney needs to gather evidence, obtain surveillance footage before it's overwritten, wait until you reach maximum medical improvement, and build a case that demonstrates the driver's fault.

8

Consider Talking to a Personal Injury Attorney

If you were hit by a car as a pedestrian in Denver, talking to a personal injury attorney is the most important step you can take to protect your claim. Pedestrian cases often involve severe injuries, high medical costs, and aggressive insurance company tactics.

Colorado's modified comparative negligence rule means the insurance company will try to shift blame to you — crossing outside a crosswalk, wearing dark clothing, being distracted. An experienced Denver pedestrian accident attorney can counter these arguments, preserve critical evidence like surveillance camera footage, and negotiate a settlement that accounts for your full damages.

Most pedestrian accident attorneys in Denver work on contingency — you pay nothing unless they win your case. The typical contingency fee is 33% of the settlement before trial. Given the severity of pedestrian injuries, having professional representation often makes the difference between a fair recovery and being stuck with catastrophic medical bills.

Denver Pedestrian Accident Facts

35

pedestrian fatalities in Denver in 2025 — the highest in a decade and a 50% increase over the prior year

City of Denver / Axios Denver

88%

increase in pedestrian fatalities statewide in Colorado since 2015 — the trend has been driven by higher vehicle speeds, distracted driving, and inadequate pedestrian infrastructure

CDOT

3 Years

statute of limitations for personal injury claims in Colorado (C.R.S. § 13-80-101) — but just 182 days for government claims

Colorado Revised Statutes

50%

approximate fatality rate for a pedestrian struck at 40 mph — even 5 mph of additional speed dramatically increases the risk of death

NHTSA / AAA Foundation for Traffic Safety

The Most Dangerous Streets for Pedestrians in Denver

Denver's pedestrian fatality crisis is concentrated on specific corridors — just 5% of Denver's streets account for 50% of all traffic fatalities. Colfax Avenue — the longest commercial street in the country — has been identified by CDOT as the most dangerous road in Denver for all users, including pedestrians. Federal Boulevard is a priority safety corridor with high pedestrian crash volumes, narrow sidewalks, and long distances between crosswalks. The most dangerous intersections for pedestrians include 20th and Market Street, Central Park Boulevard at Martin Luther King Boulevard, Alameda Avenue at Santa Fe Drive, and Downing Street at Colfax Avenue. Many of these streets are state highways running through historically disadvantaged neighborhoods, designed for vehicle throughput rather than pedestrian safety — creating a disproportionate impact on low-income communities. Roughly 65% of Denver pedestrian fatalities occur during evening and nighttime hours, when visibility is poorest. Denver's Vision Zero initiative has targeted these corridors with signal upgrades, crosswalk improvements, speed cameras on Federal Boulevard and Alameda Avenue, and reduced default speed limits to 20 mph on local streets. Despite these efforts, pedestrian fatalities hit 35 in 2025 — the highest in a decade — and statewide pedestrian deaths are up 88% since 2015.

Colorado's Modified Comparative Negligence and Pedestrian Crashes

Colorado's modified comparative negligence rule (C.R.S. § 13-21-111) is the single most important legal concept in any Denver pedestrian accident claim. Under this rule, your compensation is reduced by your percentage of fault — and if you are 50% or more at fault, you recover nothing. Insurance companies defending pedestrian crash claims routinely argue that the pedestrian was jaywalking, crossing against a signal, wearing dark clothing at night, or distracted by a phone. These arguments can be effective, even when the driver was clearly the primary cause of the crash. The key counterarguments: Colorado law (C.R.S. § 42-4-805) requires every driver to exercise due care to avoid colliding with any pedestrian on any roadway — crosswalk or not. A driver who was speeding, distracted, ran a red light, or failed to keep a proper lookout bears significant responsibility regardless of where the pedestrian was walking. Documenting the scene, obtaining the police report, and having an attorney evaluate the comparative negligence question before you speak to any insurance company is critical. A casual statement like "I was just crossing the street" can be twisted into an admission that you weren't in a crosswalk.

Denver's Vision Zero and Government Liability

Denver adopted a Vision Zero action plan with the goal of eliminating traffic fatalities and serious injuries. The city has invested in pedestrian infrastructure including protected crosswalks, rectangular rapid-flashing beacons, pedestrian refuge islands, and reduced speed limits on high-crash corridors. Despite these improvements, many Denver streets still lack basic pedestrian infrastructure — crosswalks are spaced too far apart, lighting is inadequate, sidewalks are missing or in disrepair, and signal timing doesn't give pedestrians enough time to cross wide arterials. If a dangerous road condition contributed to your pedestrian accident — a broken streetlight, a missing crosswalk signal, a crumbling sidewalk, or a poorly designed intersection — you may have a claim against the City and County of Denver or CDOT. However, the Colorado Governmental Immunity Act (C.R.S. § 24-10-109) requires you to file written notice of your claim within 182 days of the accident. This is roughly 6 months — an extremely short deadline that catches many injured pedestrians off guard. The notice must include specific information including the date, time, place, and circumstances of the incident. Failure to file this notice within 182 days permanently bars your claim against the government entity, even if your injuries are catastrophic.

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Pedestrian Accident FAQ — Denver & Colorado

It depends on the circumstances. Colorado law requires drivers to yield to pedestrians in crosswalks (C.R.S. § 42-4-802) and to exercise due care to avoid hitting any pedestrian on any roadway (C.R.S. § 42-4-805). However, pedestrians crossing outside of crosswalks must yield to vehicles. Fault is determined based on the specific facts — traffic signals, crosswalk location, vehicle speed, visibility, and whether either party was distracted.

Possibly, yes. However, jaywalking constitutes negligence per se under Colorado law (C.R.S. § 42-4-803), meaning it is automatic evidence of fault. Under modified comparative negligence (C.R.S. § 13-21-111), your compensation is reduced by your percentage of fault. If you're found less than 50% at fault, you can still recover. A driver who was speeding or distracted still bears significant responsibility even if you weren't in a crosswalk.

Three years from the date of the accident for personal injury (C.R.S. § 13-80-101) and two years for wrongful death (C.R.S. § 13-21-204). If the accident involved a government-maintained road or sidewalk, the Colorado Governmental Immunity Act requires written notice within 182 days — roughly 6 months.

If the driver fled, file a police report immediately and provide every detail you can about the vehicle. Even if the driver is never identified, you can file a claim under your own uninsured motorist (UM) coverage — Colorado insurers must offer UM coverage (C.R.S. § 10-4-609), and most drivers carry it. UM coverage applies even when you were a pedestrian, not driving.

Colorado allows recovery for medical expenses (current and future), lost wages, reduced earning capacity, pain and suffering, emotional distress, scarring and disfigurement, and property damage. Pedestrian injuries tend to be severe — broken bones, traumatic brain injuries, spinal injuries — so damages in pedestrian cases are often substantial.

While not legally required, having an attorney is strongly recommended. Insurance companies in pedestrian cases aggressively argue comparative fault to reduce payouts. An attorney can preserve evidence, counter blame-shifting tactics, and negotiate a settlement that reflects the true value of your injuries. Most work on contingency — you pay nothing unless they win.

You may have a claim against the City and County of Denver or CDOT. Dangerous conditions include missing crosswalk signals, inadequate lighting, broken sidewalks, and poorly designed intersections. The critical deadline: Colorado's Governmental Immunity Act requires written notice within 182 days of the accident (C.R.S. § 24-10-109). Miss this and the claim is permanently barred.

Yes — the at-fault driver's liability insurance covers your injuries. Colorado requires minimum liability insurance of 25/50/15: $25,000 per person for bodily injury, $50,000 per accident, and $15,000 for property damage. However, these minimums are often insufficient for serious pedestrian injuries. If the driver is uninsured or underinsured, your own UM/UIM coverage fills the gap — if you carry it. Colorado insurers must offer UM/UIM coverage, but it can be declined in writing.

An unmarked crosswalk is the invisible extension of the sidewalk across the street at any intersection. Under Colorado law, unmarked crosswalks exist at every intersection unless specifically signed otherwise. Drivers must yield to pedestrians in unmarked crosswalks just as they must in marked ones.

It depends entirely on the severity of your injuries. Pedestrian cases tend to involve more serious injuries — broken bones, head trauma, spinal injuries — and therefore higher damages than typical car-on-car crashes. An experienced attorney can evaluate your specific medical costs, lost income, pain and suffering, and long-term prognosis to estimate the value of your claim.

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