Whiteford

Denver · Pedestrian Accidents

When a car hits a person, the person loses — every time, physically. Legally, it should be a different story. We help injured Denver pedestrians make sure it is.

You pay no fee unless we recover for you.Contingency representation for injury cases.

Free consultations — talk to us before you talk to an insurer

No fee unless we recover for you — contingency representation for injury cases

Denver based, with Whiteford's national trial platform behind every case

24/7 intake — a real conversation and a booked consultation, any hour

There is no such thing as a minor collision between a vehicle and a human body. Even a low-speed impact in a parking lot can break bones; a crash at arterial speeds changes lives. If you or someone you love was hit while walking in Denver, you're likely facing serious injuries, mounting bills, and an insurance company hunting for reasons to blame the person who wasn't driving.

Denver knows it has a pedestrian safety problem — the city's Vision Zero program exists because a small set of wide, fast corridors produces a disproportionate share of serious pedestrian injuries. Colfax Avenue and Federal Boulevard appear in that story year after year. The city is redesigning streets; in the meantime, people keep getting hurt on the same roads.

Whiteford Mountain West, based in Denver's Highland neighborhood and backed by Whiteford's national trial platform, represents injured pedestrians and their families. This page explains how these claims work, how fault fights unfold, and what your next steps should be.

Where and how Denver pedestrians get hurt

The dangerous pattern is consistent: multi-lane arterials designed for vehicle speed, long distances between signalized crossings, and heavy foot traffic from bus stops, businesses, and neighborhoods on both sides. A pedestrian crossing Federal or Colfax often has to clear several lanes; a driver in the far lane, screened by stopped traffic, never slows down. Left-turning drivers at signalized intersections are the other recurring threat — scanning for cars, accelerating through a gap, and striking the person lawfully in the crosswalk.

Nighttime multiplies the risk. Many of Denver's serious pedestrian crashes happen after dark on corridors with sparse lighting, and drivers' insurers lean hard on darkness to shift blame — as if walking at night were itself negligence. It isn't. Drivers are required to operate at speeds and attention levels that account for conditions, including the predictable presence of people on foot.

Right of way, fault fights, and the blame-the-victim playbook

Colorado law gives pedestrians the right of way in crosswalks — including unmarked crosswalks at intersections, which many drivers don't realize legally exist. Drivers also owe a general duty of care toward pedestrians everywhere, even where a pedestrian crosses outside a crosswalk. A jaywalking pedestrian does not forfeit their claim; fault gets allocated, not switched off.

That allocation is where these cases are fought. Colorado's comparative-fault rules can reduce or even bar recovery depending on the split, so insurers work to load fault onto the pedestrian: dark clothing, mid-block crossing, a glance at a phone. Countering that playbook takes evidence — signal timing, camera footage, vehicle speed analysis, witness statements — gathered before it disappears.

  • Pedestrians in marked and unmarked crosswalks generally have the right of way
  • Left-turning drivers at signals are a leading cause of crosswalk strikes
  • Crossing outside a crosswalk reduces a claim — it does not eliminate it
  • Camera footage from RTD, businesses, and traffic systems is often decisive and often short-lived

What your claim needs — and how we build it

Pedestrian injuries are rarely simple: fractures, head trauma, and soft-tissue damage with long recovery arcs. The claim has to capture not just today's bills but the full trajectory — future care, lost income and earning capacity, and the human losses Colorado law compensates, which Colorado's 2025 damages-law changes made more significant than ever. Cases involving RTD vehicles or city-owned fleets add special notice rules with much shorter deadlines.

Our Denver-based team starts with evidence preservation and an honest assessment. If you want a first read before talking to anyone, our free case estimator walks through the factors that actually drive value. When you're ready, the consultation is free, and we'll tell you plainly whether your case needs a lawyer — and what we'd do with it if it does.

Colorado law, current

What changed for Colorado injury claims in 2025

$1.5M

Higher cap on non-economic damages

For most Colorado tort cases filed on or after January 1, 2025, HB24-1472 raised the cap on non-economic damages (pain, suffering, loss of enjoyment) to $1,500,000 — adjusted for inflation every two years beginning in 2028. Economic damages such as medical bills and lost income are generally not capped.

$2.125M

Wrongful-death non-economic cap

The same law raised the non-economic cap in wrongful-death actions to $2,125,000 and, for the first time, allows siblings of the deceased to bring wrongful-death claims in certain circumstances. Medical-liability cases follow separate, phased caps.

2–3 yrs

Deadlines still apply — and vary

Colorado's filing deadlines are unforgiving: generally two years for most injury claims and three years for motor-vehicle claims, with much shorter notice windows (182 days) for claims against government entities. Exceptions exist in both directions — confirm your specific deadline with an attorney promptly.

Sources: Colorado HB24-1472 (2024); C.R.S. §§ 13-21-102.5, 13-21-203, 13-80-101 et seq., 24-10-109. This summary is general information, not legal advice; amounts are subject to statutory adjustment and case-specific exceptions.

Not another "free consultation"

The Claim Game Plan Session

30 minutes with our Colorado team. You leave with a plan — whether or not you hire us.

You pay no fee unless we recover for you.

Contingency-fee representation for injury cases — fee structure and any case costs explained clearly, in writing, before you sign anything.

Your deadline check

Exactly which Colorado filing deadlines apply to your claim type — and how much runway you actually have.

Evidence-preservation checklist

What to save, photograph, and request right now for your specific incident type, before it disappears.

A straight answer

Whether your case actually needs a lawyer. If you'd do fine on your own, we'll tell you so — for free.

The insurer-conversation briefing

What recorded statements do, what adjusters listen for, and how people accidentally shrink their own claims.

You leave with all four — whether or not you ever hire us. No pressure, no obligation, no fine print.

How it works

A clear process, from first contact to resolution

01

Tell us what happened

A free, confidential conversation — or start with the two-minute case estimator. We listen first; there is no obligation and no pressure.

02

We investigate and preserve

Evidence disappears fast: camera footage gets overwritten, vehicles get repaired, witnesses scatter. We move early to preserve what proves your case.

03

We build the full value picture

Medical costs, future care, lost income, and the human losses Colorado law now values more fully. Insurers discount what isn't documented — we document.

04

Negotiate from strength — try when needed

Most cases resolve by negotiation. When an insurer won't be reasonable, your case is backed by a national trial platform that is genuinely prepared to go to court.

Your legal team

A Denver front door. A national trial platform.

Whiteford Mountain West pairs Colorado-based leadership with the trial depth of Whiteford's full national litigation platform — so serious cases get serious resources.

Jeffrey R. Schell, Managing Director, Whiteford Mountain West

Jeffrey R. Schell

Managing Director, Whiteford Mountain West

Denver, Colorado

Jeff Schell is a Denver-based partner at Whiteford and the Managing Director of Whiteford Mountain West. A Colorado attorney, he was named one of ColoradoBiz Magazine's 25 Most Influential Young Professionals in Colorado.

Masten Childers III, Partner · Trial Counsel, Personal Injury & Catastrophic Harm

Masten Childers III

Partner · Trial Counsel, Personal Injury & Catastrophic Harm

Whiteford national trial platform

Masten Childers III chairs Whiteford's Kentucky litigation practice and has been described as one of Kentucky's most formidable and versatile trial attorneys, with experience across state, federal, and appellate courts.

Paul M. Nussbaum, Partner · Senior Litigation Counsel

Paul M. Nussbaum

Partner · Senior Litigation Counsel

Whiteford national platform

Paul Nussbaum co-chairs Whiteford's Business Solutions, Restructuring & Financial Litigation section and co-manages the firm's New York City office, with decades of experience in high-stakes litigation involving multi-billion-dollar enterprises.

Attorneys are admitted in the jurisdictions listed in their official firm profiles. Colorado matters are led through Whiteford's Colorado-admitted attorneys; additional firm trial counsel appear in Colorado courts pro hac vice where appropriate and permitted.

Frequently asked questions

I was hit outside a crosswalk. Do I still have a case?

Very possibly. Crossing outside a crosswalk may assign you a share of fault, but drivers still owe a duty of care to pedestrians everywhere — including maintaining a proper lookout and a speed reasonable for conditions. Under Colorado's comparative-fault rules, your recovery is reduced by your share of blame rather than automatically eliminated. The real question is how the fault gets allocated, and that's a fight evidence and counsel can change.

The driver's insurer says I'm partly to blame for wearing dark clothing at night. Is that legitimate?

It's a standard defense tactic, not a verdict. Drivers are required to adjust speed and attention for darkness — pedestrians are a foreseeable presence on Denver streets at all hours. Lighting conditions, headlight use, vehicle speed, and sight lines all get examined, and the analysis frequently shows the driver had ample opportunity to see and avoid. Don't accept a reduced offer based on an adjuster's framing before counsel has reviewed the evidence.

What if the driver who hit me fled the scene?

Report it to police immediately and seek medical care — the police report and prompt treatment records anchor everything that follows. Hit-and-run pedestrians can often recover through uninsured motorist coverage on their own auto policy or a household member's policy, something many people don't realize applies when they're on foot. Cameras along Denver corridors also identify fleeing drivers more often than you'd expect. A consultation can map your coverage options.

What compensation can an injured pedestrian recover in Colorado?

Compensation generally covers medical treatment past and future, lost income and reduced earning capacity, and non-economic losses — pain, disruption, the activities an injury takes away. Colorado's 2025 damages-law changes meaningfully raised what injured people may recover for those human losses. The value of a specific case depends on documentation, fault clarity, and available insurance, which is why a free consultation beats any online guess.

How long do I have to bring a pedestrian injury claim in Denver?

Colorado's filing deadlines vary by claim type and can be short — and if an RTD bus or city vehicle was involved, formal governmental notice is required on a much tighter timeline than an ordinary lawsuit. Evidence deadlines are shorter still: camera footage from businesses and transit systems is routinely overwritten within weeks. Getting a free consultation early protects both the legal deadlines and the proof.

What could a Denver case like yours be worth?

The free Colorado Case Value Snapshot walks through the factors that actually drive Colorado injury case value — severity, treatment, fault, and documented losses — and returns an educational range in about two minutes. No obligation, and no pressure. Want a real answer instead? Book a free Claim Game Plan Session and leave with a plan.

Educational estimate only — not legal advice, not a case valuation, and no attorney–client relationship is created.

Related Colorado injury resources