When to Contact a Pedestrian Accident Lawyer in Colorado Springs
You need a pedestrian accident lawyer if you were hit by a vehicle and the driver's insurance company is denying your claim, offering far less than your medical bills, or refusing to communicate with you directly. You also need one if you have serious injuries—broken bones, head trauma, ongoing pain—because the insurance company will use delay tactics to wear you down, and a lawyer shifts that burden to someone paid to fight back.
Colorado Springs courts follow a rule called comparative negligence, which means even if you were partly at fault for the accident, you can still recover money—but the amount is reduced by your percentage of fault. An insurance adjuster will try to pin as much blame on you as possible to lower what they owe. A lawyer knows how to challenge that and gather evidence (witness statements, traffic camera footage, accident reconstruction) that proves the driver was primarily responsible.
You do not need a lawyer if the driver's insurance company has already paid your medical bills in full, you have no ongoing injuries, and you have agreed to a settlement amount in writing. You also do not need one if the accident was minor, nobody was seriously hurt, and the other driver's insurance is cooperating. But if any of those conditions change—if a doctor later says you need surgery, or the insurance company stops returning calls—that is the moment to contact one.
Key Takeaways
- Colorado Springs pedestrian accident lawyers work on contingency, meaning you pay nothing upfront and they take a percentage of what you recover, usually 25 to 40 percent.
- The insurance company has a financial reason to minimize your claim, and a lawyer levels that imbalance by handling all communication and negotiation on your behalf.
- Colorado's comparative negligence rule means you can recover even if you were partly at fault, but an adjuster will exaggerate your share of blame to reduce their payout.
- Most pedestrian accident cases settle before trial, but a lawyer must be willing to file a lawsuit to show the insurance company you are serious.
- You have three years from the date of the accident to file a lawsuit in Colorado, but waiting longer makes evidence harder to find and witnesses harder to locate.
How Pedestrian Accident Claims Work in Colorado Springs
After a pedestrian accident, the at-fault driver's insurance company is responsible for paying your medical bills, lost wages, and pain and suffering. This is called a liability claim. The insurance adjuster assigned to your case will contact you, ask you to describe what happened, and request medical records and bills. They will also pull the police report and look for any statement you gave to officers at the scene.
The adjuster's job is to pay as little as possible while staying within the law. They will ask leading questions ("Were you looking at your phone?", "Did you step into traffic without checking?") designed to get you to admit fault. Anything you say can be used against you later. This is why a lawyer tells you to stop communicating with the insurance company directly once representation begins—the lawyer handles all calls and written statements instead.
Most cases settle in the negotiation phase, which usually takes three to six months. The insurance company makes an initial offer (often far below what your case is worth), your lawyer counters with a demand letter backed by medical evidence and documentation of lost income, and you reach a middle ground. If the insurance company will not budge and the offer is unreasonably low, your lawyer files a lawsuit in El Paso County District Court. The threat of trial usually brings the insurance company back to the negotiating table.
What a Colorado Springs Pedestrian Accident Lawyer Actually Does
A pedestrian accident lawyer investigates the crash by obtaining the police report, interviewing witnesses, requesting traffic camera footage from nearby businesses, and sometimes hiring an accident reconstruction informed to prove how the collision happened and who was at fault. They also review your medical records to document the full extent of your injuries and connect them to the accident.
The lawyer calculates what your claim is worth by adding up medical expenses (past and future), lost wages, and pain and suffering. Colorado law does not cap pain and suffering damages in pedestrian cases, but the insurance company will argue for the lowest number possible. A lawyer uses comparable cases (called precedent) to show what similar injuries have been valued at in Colorado Springs courts.
Once you and the lawyer agree on a demand amount, the lawyer sends a formal demand letter to the insurance company. This letter lays out the facts, explains why the driver was at fault, lists all damages with supporting documentation, and states the amount you are willing to accept to settle. The insurance company then makes a counteroffer, and negotiation continues until both sides agree or the lawyer files a lawsuit.
How Contingency Fees Work
Most pedestrian accident lawyers in Colorado Springs work on contingency, which means you pay nothing upfront and the lawyer takes a percentage of the money you recover. If you do not win anything, the lawyer gets nothing. This arrangement exists because it would be unfair to ask an injured person to pay a lawyer while also paying medical bills and losing income.
The contingency percentage is usually 25 percent if the case settles before a lawsuit is filed, and 33 to 40 percent if the case goes to trial. Some lawyers charge a flat percentage regardless of when the case settles. Before you hire a lawyer, ask in writing what percentage they charge and whether that percentage changes if the case goes to court. Also ask whether they will advance costs (like court filing fees, informed witness fees, and medical record requests) or whether you pay those out of pocket.
Colorado law does not set a maximum contingency fee, but the State Bar of Colorado requires that fees be "reasonable." If a lawyer charges 50 percent or more, a court can reduce it. When you receive your settlement check, the lawyer's firm deducts their percentage and any costs they advanced, and you receive the remainder. You should receive an itemized accounting showing exactly what was deducted and why.
Finding and Hiring a Pedestrian Accident Lawyer in Colorado Springs
Start by asking for referrals from people you trust—friends, family, your doctor, or your employer—who have used a lawyer for a personal injury case. Word-of-mouth referrals are often more reliable than online reviews because you know the person making the recommendation.
You can also contact the Colorado Bar Association's Lawyer Referral Service, which maintains a list of lawyers in Colorado Springs who handle pedestrian accidents. The referral service does not endorse any particular lawyer, but it confirms they are licensed and in good standing. Call 303-831-7711 or visit the Colorado Bar Association website.
Once you have a few names, schedule a free initial consultation with each one. During the consultation, ask about their experience with pedestrian cases in Colorado Springs, how many cases they have taken to trial versus settled, and what they think your case is worth. A good lawyer will be honest if they think your case is weak or if the insurance company's initial offer is actually fair. Do not hire a lawyer who promises a specific outcome or guarantees a certain amount of money—no lawyer can do that.
Before you sign a representation agreement, read it carefully. Make sure you understand the contingency percentage, what costs you are responsible for, and what happens if you want to fire the lawyer partway through. Ask whether the lawyer will keep you updated on the case or whether you have to call and ask for updates. Then sign only if you feel confident in the lawyer and understand the terms.
Colorado's Statute of Limitations for Pedestrian Accidents
In Colorado, you have three years from the date of the accident to file a lawsuit against the driver. This important date is called the statute of limitations. If you do not file by that date, you lose the right to sue, and the insurance company can refuse to pay anything.
The three-year clock does not stop while you are negotiating with the insurance company. If you hire a lawyer on day 700 and the insurance company is still dragging out settlement talks on day 1,000, your lawyer must file a lawsuit before day 1,095 or your claim expires. This is why it is important to contact a lawyer sooner rather than later—the longer you wait, the closer you get to the important date, and the less leverage your lawyer has to negotiate.
There is one exception: if you were a minor (under 18) at the time of the accident, the statute of limitations does not start until you turn 18. So a child hit by a car at age 10 would have until age 21 to file a lawsuit. If you were declared legally incompetent, the important date may also be extended, but you should not rely on this—contact a lawyer when ready regardless.
What Happens If the Case Goes to Trial
Most pedestrian accident cases settle before trial, but if the insurance company refuses to offer a fair amount, your lawyer will file a lawsuit in El Paso County District Court. The case then enters the discovery phase, where both sides exchange documents, medical records, and witness statements. Your lawyer will also take depositions—recorded question-and-answer sessions—with the driver, any witnesses, and medical experts.
If the case does not settle during discovery, it goes to trial before a judge or jury. At trial, your lawyer presents evidence (photos of the accident scene, medical records, witness testimony, informed testimony) to prove the driver was at fault and that your injuries are real and serious. The driver's lawyer does the same to minimize fault or damages. The judge or jury then decides who was at fault and how much money you should receive.
Trial is unpredictable. A jury might award you far more than the insurance company offered, or far less. This is why most lawyers push hard to settle before trial—the outcome is certain, and you do not have to wait months for a verdict. But a lawyer must be willing to go to trial to show the insurance company they are serious, which is why you should hire a lawyer who has actually tried cases, not just settled them.
Frequently Asked Questions
Can I handle a pedestrian accident claim without a lawyer?
You can if the injuries are minor and the insurance company is cooperating. But if you have serious injuries or the insurance company is offering significantly less than your medical bills, a lawyer will almost certainly recover more money than you would on your own—enough to more than cover their contingency fee. The insurance company has adjusters trained to minimize claims; a lawyer has training to maximize them.
What if I was partly at fault for the accident?
Colorado's comparative negligence rule allows you to recover even if you were 50 percent at fault or more, though the amount is reduced by your percentage of fault. For example, if you were 20 percent at fault and your damages are $10,000, you can recover $8,000. A lawyer's job is to challenge the insurance company's claim that you were more at fault than you actually were.
How long does a pedestrian accident case usually take?
If the case settles, it typically takes three to six months from the time you hire a lawyer. If it goes to trial, add another six to twelve months for discovery and court scheduling. The exact timeline depends on how quickly the insurance company responds, how complex your injuries are, and how backed up the El Paso County court system is.
What if the driver did not have insurance?
Colorado requires all drivers to carry liability insurance, but some do not. If the driver was uninsured, you can file a claim under your own uninsured motorist coverage if you have it. Your own insurance company then acts like the at-fault driver's insurer. If you do not have uninsured motorist coverage, you can still sue the driver directly, but collecting money from an uninsured driver is often difficult. A lawyer can advise you on your options.
Do I have to go to court to resolve my case?
No. Most cases settle through negotiation without ever going to court. You and the insurance company (through your lawyer) reach an agreement on a dollar amount, sign a settlement agreement, and receive a check. You only go to court if settlement negotiations fail and your lawyer files a lawsuit. Even then, many cases settle during the lawsuit before trial actually begins.