How a Denver pedestrian accident attorney can help you recover damages
After you are hit by a car while walking, a pedestrian accident attorney handles the parts of recovery that take time and knowledge you may not have: gathering evidence from the scene, obtaining the driver's insurance information and policy limits, negotiating with adjusters, and filing a lawsuit if the insurer refuses a fair settlement. Attorneys in Denver work on contingency, meaning they take a percentage of what you recover—typically 25 to 40 percent—and you pay nothing upfront.
The reason to hire an attorney is not always obvious right after the accident. Many pedestrian cases settle without court, but the insurer's first offer is almost always lower than what the case is worth. An attorney knows what similar injuries in Denver have settled for, what medical costs will total over time, and how much to demand for pain and suffering. They also know Colorado's statute of limitations: you have three years from the date of the accident to file a lawsuit, but waiting that long weakens your case because memories fade and evidence disappears.
Denver pedestrians have a legal right to the roadway, and drivers have a duty to avoid hitting them. When a driver violates that duty and you are injured, you can recover medical bills, lost wages, future medical care, and damages for pain and suffering. An attorney's job is to prove the driver was at fault and to quantify what that fault cost you.
Key Takeaways
- Pedestrian accident attorneys in Denver work on contingency, so you pay nothing unless you recover money.
- Colorado law gives you three years to file a lawsuit, but the strength of your case declines the longer you wait.
- An attorney negotiates with the driver's insurance company and can file a lawsuit if the insurer's offer does not cover your actual losses.
- You can recover medical bills, lost wages, and damages for pain and suffering, but the insurer will try to minimize what they pay.
- Hiring an attorney early—ideally within weeks of the accident—preserves evidence and gives you leverage in settlement talks.
What happens in the first weeks after hiring an attorney
Once you sign a representation agreement with an attorney, they send a letter to the driver's insurance company notifying them that you are represented. This stops adjusters from calling you directly and prevents you from saying something that weakens your case. The attorney also requests a copy of the police report, the driver's insurance policy, and any video footage from nearby cameras or businesses.
During this time, you should continue all medical treatment and keep records of every appointment, prescription, and expense. Your attorney will ask you for medical bills, pay stubs showing lost wages, and a detailed account of how the accident happened and what injuries you sustained. Do not post about the accident on social media; adjusters and defense attorneys monitor social accounts and will use anything you post against you.
The attorney may also hire an investigator to photograph the accident scene, measure distances, and interview witnesses while their memories are fresh. In Denver, where weather and traffic patterns matter, scene investigation can be critical to proving how the accident occurred.
How Denver courts handle pedestrian accident cases
Colorado uses a rule called comparative negligence, which means you can recover damages even if you were partly at fault—as long as you were not more than 50 percent responsible. For example, if you were jaywalking but the driver was speeding and did not brake, a jury might find you 20 percent at fault and the driver 80 percent at fault. You would recover 80 percent of your damages. If a jury finds you 51 percent or more at fault, you recover nothing.
Most pedestrian cases settle before trial because both sides want to avoid the cost and uncertainty of a jury verdict. Settlement negotiations usually happen after your attorney has gathered medical records, obtained the police report, and sent a demand letter to the insurer. The insurer makes an offer; your attorney counters; and eventually you either reach a number you both accept or the case goes to trial in Denver District Court.
If your case goes to trial, a jury hears evidence about how the accident happened, what injuries you suffered, and what damages are fair. The driver's insurance company pays the verdict if the jury finds the driver liable. Trials take months or longer, but they also give you leverage: insurers know juries sometimes award more than their settlement offer, so they may increase their offer as trial approaches.
What damages you can recover in a Denver pedestrian case
Economic damages are the concrete costs you can prove with receipts and documents: medical bills from the emergency room, surgery, physical therapy, and ongoing treatment; lost wages from time off work; and future medical care if your injuries are permanent. If you cannot work in your previous job because of your injuries, you can recover the difference between what you earned before and what you can earn now.
Non-economic damages are harder to quantify but often larger: pain and suffering, emotional distress, loss of enjoyment of life, and permanent scarring or disfigurement. Colorado does not cap these damages in pedestrian cases, so a jury can award whatever they believe is fair. An attorney will present medical testimony, your own testimony about how the injury changed your life, and comparisons to similar cases to argue for a specific number.
You cannot recover punitive damages in most pedestrian cases unless the driver was extremely reckless—for example, driving 40 miles per hour over the speed limit or driving under the influence. Punitive damages are meant to punish the driver and deter others, not to compensate you, so they are rare.
Insurance coverage limits and what happens if the driver has no insurance
The driver's auto insurance policy has a limit—often $25,000 or $100,000 per person for bodily injury liability. If your damages exceed that limit, the insurer will pay up to the limit and you may be able to sue the driver personally for the rest. However, most individual drivers do not have assets to collect from, so you may not recover the full amount.
If the driver has no insurance, your own auto insurance may cover you through uninsured motorist coverage if you carry it. This coverage pays your damages up to your policy limit. If you do not have uninsured motorist coverage and the driver is uninsured, recovery is much harder. Your attorney can still sue the driver, but collecting a judgment is difficult if the driver has no assets or income.
Some pedestrians are hit by commercial vehicles—delivery trucks, rideshare cars, or taxis. Commercial policies often have higher limits, and the company that owns or operates the vehicle may be liable even if the driver alone was not negligent. Your attorney will investigate who owns the vehicle and what insurance applies.
How to choose a Denver pedestrian accident attorney
Look for an attorney who handles pedestrian and bicycle cases regularly, not one who dabbles in personal injury. Ask how many pedestrian cases they have taken to trial and how many they have settled. Ask what their contingency fee is—most charge 33 percent if the case settles and 40 percent if it goes to trial, but this varies. Make sure you understand what costs come out of your recovery: court filing fees, investigator fees, and medical record requests are usually deducted from your settlement.
Interview at least two or three attorneys before you decide. Most offer free consultations. During the consultation, explain what happened, show them photos of your injuries if you have them, and ask what they think the case is worth. A good attorney will be honest about the strengths and weaknesses of your case, not promise a specific outcome.
Check whether the attorney is licensed in Colorado and has no disciplinary history. You can verify this through the Colorado Supreme Court's attorney directory. Also ask whether they have handled cases in Denver District Court and whether they have relationships with local judges and adjusters—experience in your specific court matters.
Timeline from accident to settlement or trial
The first two weeks are critical: report the accident to police, seek medical care, and contact an attorney. The attorney will gather evidence and send a demand letter to the insurer within four to eight weeks. The insurer has 30 days to respond, though they often take longer. Settlement negotiations can take two to six months if both sides are moving toward agreement.
If settlement talks stall, your attorney will file a lawsuit in Denver District Court. From filing to trial is usually 12 to 24 months, depending on the court's schedule. During this time, both sides exchange documents and take depositions—recorded statements under oath. Most cases settle during or just before trial.
The longer your case takes, the more your medical bills and lost wages accumulate, which can increase your damages. However, delay also weakens your case because witnesses move away, memories fade, and evidence is lost. Your attorney will push for a fair settlement but will not rush you into accepting less than your case is worth.
Frequently Asked Questions
Do I have to go to trial, or can I settle without going to court?
Most pedestrian cases settle without trial. Your attorney will negotiate with the insurer, and if you both agree on a number, you sign a settlement agreement and receive payment. You only go to trial if settlement talks fail and you decide to pursue the case in court. Your attorney will advise you on whether trial makes sense based on the strength of your case and the insurer's offer.
What if the police report says I was partly at fault?
A police report is not binding on a jury. Colorado's comparative negligence rule means you can still recover even if you were partly at fault, as long as you were not more than 50 percent responsible. Your attorney will argue that the driver's negligence was the greater cause of the accident and that your damages should be reduced only by your percentage of fault, if any.
How much does it cost to hire a pedestrian accident attorney?
Attorneys work on contingency, so you pay nothing upfront. If you recover money, the attorney takes a percentage—usually 33 percent for settlement and 40 percent for trial. Court costs and investigator fees are deducted from your recovery. If you do not recover anything, you owe the attorney nothing, though you may owe court costs depending on your agreement.
Can I still hire an attorney if the accident happened months ago?
Yes, as long as it has been less than three years since the accident. However, the longer you wait, the weaker your case becomes because witnesses disappear, memories fade, and evidence is lost. Contact an attorney as soon as you realize your injuries are serious or the insurer's offer is too low. Waiting months or years makes settlement and trial harder.
What if I already accepted a settlement from the insurance company?
Once you sign a settlement agreement and release, you cannot sue the driver again for the same accident. If you settled for less than your case was worth, you may not have legal recourse. This is why it is important to consult an attorney before accepting any offer from an insurer, even if the offer seems reasonable.