What a pedestrian accident lawyer does, and when you need one
A pedestrian accident lawyer represents you after you have been hit by a car, truck, or other vehicle while walking. They investigate what happened, gather evidence like police reports and witness statements, communicate with the at-fault driver's insurance company, and either negotiate a settlement or take your case to court if the insurer will not pay fairly.
You do not need a lawyer for every pedestrian accident. If you were hit but suffered only minor injuries, the at-fault driver's insurance may pay your medical bills and lost wages without dispute. But if you have serious injuries—broken bones, head trauma, ongoing pain, or permanent disability—a lawyer becomes important because insurers often undervalue these claims, and the negotiation becomes complex.
A lawyer also matters if liability is unclear (the driver claims you stepped into traffic, for example), if the at-fault driver was uninsured or underinsured, or if you are dealing with a government entity like RTD (Regional Transportation District) or the City and County of Denver, which have different rules and shorter important date for filing claims.
Key Takeaways
- Most pedestrian accident lawyers in Denver work on contingency, meaning you pay nothing unless they recover money for you.
- Colorado law gives you three years from the date of the accident to file a lawsuit, but you should contact a lawyer much sooner because evidence disappears and witness memories fade.
- If a government vehicle hit you, you must file a notice of claim within 180 days or lose the right to sue, which is much shorter than the three-year important date.
- Your lawyer will handle communication with insurance companies so you do not accidentally say something that weakens your claim.
- Settlements usually take three to twelve months to reach, depending on injury severity and whether liability is disputed.
How contingency fees work and what you actually pay
Most pedestrian accident lawyers in Denver charge on contingency, which means they take a percentage of the money they recover for you—typically 33 percent if the case settles before trial, and 40 percent if it goes to trial. You pay nothing upfront and nothing if you lose.
Beyond the lawyer's fee, there are case costs: filing fees, medical record requests, informed witness fees, accident reconstruction reports, and deposition transcripts. Some lawyers advance these costs and deduct them from your settlement. Others ask you to pay them as they arise. Ask this question directly before you hire, because costs can range from $2,000 to $15,000 depending on case complexity.
If you receive a settlement of $50,000, for example, and case costs were $3,000, your lawyer takes $16,500 (33 percent of $50,000), you pay $3,000 in costs, and you receive $30,500. The lawyer's fee and costs come out before you see any money, so understand the math before you sign.
Finding a pedestrian accident lawyer in Denver
Start by asking for referrals from your doctor, physical therapist, or primary care provider—they often know which lawyers handle pedestrian cases well and which ones they trust. Your health provider has seen how different lawyers treat their injured patients and whether they push for unnecessary treatment to inflate bills.
The Colorado Bar Association (coloradobar.org) has a lawyer referral service where you can search by practice area and location. You can also search "pedestrian accident lawyer Denver" and look for lawyers with websites that explain their process clearly, show client reviews on Google or Avvo, and list their experience with pedestrian cases specifically.
When you call, ask: How many pedestrian accident cases have you handled? What is your settlement-to-trial ratio? Do you advance case costs or do I pay them? How often will you update me? A lawyer who answers these questions directly and does not pressure you to hire when ready is usually a safer choice than one who rushes.
The timeline from accident to settlement or trial
The first step is the investigation phase, which takes one to three months. Your lawyer obtains the police report, medical records, photos of the accident scene, and witness statements. They may hire an accident reconstructionist if liability is unclear.
Next comes the demand letter, which your lawyer sends to the at-fault driver's insurance company. This letter summarizes the accident, your injuries, medical treatment, lost wages, and the amount you are seeking. The insurer then has 30 to 60 days to respond.
If the insurer's offer is too low, your lawyer enters negotiation, which can last weeks or months. Most cases settle during this phase. If no settlement is reached, your lawyer files a lawsuit in Denver District Court, and the case enters the discovery phase, where both sides exchange documents and take depositions. This phase typically lasts six to twelve months.
If the case does not settle during discovery, it goes to trial, which may take place one to three years after the accident. Trials last anywhere from one day to two weeks depending on complexity. Most pedestrian cases settle before trial, but you should hire a lawyer prepared to go to trial if necessary.
Special rules if a government vehicle or employee hit you
If you were hit by an RTD bus, a Denver police car, a city sanitation truck, or any other government vehicle, the rules change significantly. You cannot sue the City and County of Denver or RTD directly without first filing a notice of claim with the government entity within 180 days of the accident.
This notice is a formal letter that describes the accident, your injuries, and the amount of damages you are seeking. It must be filed with the correct department—RTD's Risk Management office for bus accidents, the City Attorney's office for city vehicles. Missing this 180-day important date bars you from suing, period. There is no extension.
Government entities also have different insurance limits and different rules about how much they must pay. A lawyer familiar with Colorado's Governmental Immunity Act and Denver's specific procedures is essential if a government vehicle hit you.
What happens if the at-fault driver was uninsured or underinsured
If the driver who hit you had no insurance or insufficient insurance to cover your damages, your own auto insurance policy may cover you through uninsured motorist (UM) coverage or underinsured motorist (UIM) coverage, even if you were walking and not driving.
UM coverage pays your damages if the at-fault driver has no insurance. UIM coverage pays the difference if the at-fault driver's insurance is not enough. Colorado requires all auto policies to offer UM/UIM coverage, though you can decline it in writing.
If you have UM or UIM coverage, your lawyer will file a claim with your own insurer. This claim follows the same process as a claim against the at-fault driver's insurance—investigation, demand letter, negotiation, and potentially trial. The timeline is similar, but your own insurer may be more willing to settle because they know your coverage limits.
Questions to ask before you hire
Beyond the fee structure and case costs, ask your potential lawyer: Will you handle my case personally or assign it to another attorney? How often will you contact me with updates? What is your experience with cases like mine—is it serious injury, government vehicles, or something else? Do you have trial experience, or do you primarily settle?
Also ask whether they have handled cases involving your specific injuries. A lawyer experienced in traumatic brain injury cases, for example, knows which experts to hire and what damages to demand. A lawyer who handles all injury types equally may miss important details.
Finally, ask what they need from you. Bring your medical records, the police report if you have it, photos of your injuries or the accident scene, and a list of witnesses. The more organized you are, the faster your lawyer can move.
Frequently Asked Questions
How long do I have to file a lawsuit after a pedestrian accident in Denver?
Colorado law gives you three years from the date of the accident to file a lawsuit. However, if a government vehicle hit you, you must file a notice of claim within 180 days or you lose the right to sue. Contact a lawyer as soon as possible after the accident, even if you are still healing, because evidence and witness memories fade quickly.
What if I was partially at fault for the accident?
Colorado follows a comparative negligence rule: you can still recover damages even if you were partly at fault, as long as you were not more than 50 percent responsible. If you were 30 percent at fault and the driver was 70 percent at fault, you can recover 70 percent of your damages. Your lawyer will argue your percentage of fault downward during negotiation.
Can I settle my case without going to trial?
Yes, most pedestrian cases settle without trial. Your lawyer negotiates with the insurance company, and if both sides agree on an amount, you sign a settlement agreement and receive payment within 30 to 60 days. You give up the right to sue further in exchange for the settlement amount.
What if the insurance company denies my claim?
If the insurer denies your claim, your lawyer can file a lawsuit against the at-fault driver. The lawsuit forces the insurer to defend the driver in court, and a judge or jury will decide whether the driver was at fault and how much you should receive. This is why hiring a lawyer prepared for trial matters even if you hope to settle.
How much money can I expect to receive?
Settlements vary widely based on injury severity, medical costs, lost wages, and whether you have permanent disability. A minor injury might settle for $5,000 to $20,000. A serious injury with ongoing treatment might settle for $50,000 to $200,000 or more. Your lawyer will estimate a range based on similar cases, but no one can may provide a specific amount.