Pedestrian Accident Claims in Colorado

Pedestrian right of way: where traffic signals are not in place or not working, drivers must yield (slowing or stopping) to a pedestrian in a crosswalk who is on the driver's half of the road or approaching closely from the other half, and may not pass a vehicle stopped for a pedestrian at a crosswalk. Pedestrians may not suddenly leave a curb into the path of a vehicle too close to stop, must obey Walk and Don't Walk signals, and drivers must yield to pedestrians who started crossing on Walk. A pedestrian crossing anywhere other than a marked or unmarked crosswalk at an intersection must yield to all vehicles, may not cross between adjacent signal-controlled intersections except in a marked crosswalk, and may not cross diagonally unless signals allow it (a class B traffic infraction).

Modified comparative negligence (50% bar). An injured person can recover if his or her negligence was not as great as the negligence of the person being sued; damages are reduced by the injured person's percentage of fault. If the injured person's share is equal to or greater than the defendant's, the court enters judgment for the defendant. Each defendant generally pays only its own percentage of fault.

Required liability coverage is at least $25,000 for injury or death of one person, $50,000 for all persons in one accident, and $15,000 for property damage (25/50/15).

Most tort lawsuits, including negligence claims for personal injury, must be filed within two years after the claim accrues. Injury and property-damage claims arising from the use or operation of a motor vehicle have three years. Assault, battery, false imprisonment, libel and slander have one year.