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Pedestrian Accident Lawyer in Colorado Springs
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A Colorado Springs pedestrian accident lawyer from Morgan and Morgan can play a vital role in your fight for compensation for the injuries or damages you sustained in the accident. They can be the difference between winning just any kind of settlement to keep you going for a few more weeks or something that truly reflects the pain you've endured since the accident occurred and the expenses you'll likely incur in the future as a result. It all starts with a free case evaluation with our pedestrian accident experts.
Determining Liability In a Pedestrian Accident In Colorado Springs
Several parties may be held responsible in a typical pedestrian accident case, starting with the negligent driver. You can file a lawsuit against them if they failed to exercise reasonable care, violated traffic laws, were distracted, impaired, or acted recklessly, leading to the accident.
Depending on how the accident occurred and what caused it, the vehicle's owner could be next in line in your pursuit for compensation for your injuries and damages. Think of a situation where a company hires an untrained driver to operate the company vehicle. If the driver causes the accident due to the fact that they did not have the required training to operate that particular vehicle, you may have a negligent hiring case against the company.
The same also applies in situations where companies overwork their drivers, which is quite common in the transportation industry. You'll find workers working long hours with minimal rest, which in turn affects their ability to concentrate on the road. For example, in Colorado, commercial vehicle drivers are not allowed to drive for 11 hours straight, following 10 hours of rest, a rule many companies violate to this day. It only takes a few seconds of drowsiness to cause a major pedestrian accident.
A government entity may also bear some responsibility for the pedestrian accident if it was caused by hazardous road conditions, poorly designed intersections, lack of proper signage, or other roadway defects. However, in order to sue a government entity in Colorado Springs or elsewhere in Colorado, you must submit the claim within 180 days of the incident.
Keep in mind that although the state government enjoys some form of sovereign immunity against such claims, you can still file a claim if it qualifies for a waiver. Fortunately, in this state, accidents caused by a driver operating a government vehicle or a government employee in the course of employment qualify for a waiver, meaning you have the right to sue.
Things a Pedestrian Accident Lawyer Can Do
The first thing such a lawyer will do is conduct a thorough investigation into the accident to find credible evidence to support your claim. They will want to know how the accident occurred, even if it means reviewing surveillance footage, interviewing witnesses, analyzing police reports, and consulting with accident reconstruction experts to establish liability.
To file a successful claim, you must identify the responsible party, and that's also one of the things a lawyer can do. Then, they will determine the full extent of your damages before filing a claim and negotiating with the insurance company on your behalf to reach a reasonable settlement. But if the other party refuses to settle the case through out-of-court negotiations, your lawyer might take it to court and have it decided by a judge or jury.
It is also worth mentioning that since these lawyers understand the physical, emotional, and financial challenges you may face after such an incident, you can count on them for compassionate support from the moment you contact them for a case evaluation and for the rest of your journey to securing your much-deserved compensation.
Qualities to Look for In a Good Colorado Springs Pedestrian Accident Attorney
Hiring an attorney after such a horrible accident is critical, but you're better off not working with an attorney than hiring the wrong one. First, you need to know what sets an extraordinary attorney apart from an ordinary one.
The first thing you need to look for is whether the attorney has access to powerful resources, including a skilled legal team, research tools, expert witnesses, and accident reconstruction specialists, to build a strong argument on your behalf.
While at it, find out their level of experience in handling pedestrian accident cases in Colorado Springs. The more experienced they are, the higher their chances of providing the legal representation you need to win.
Next, consider their reputation and results. How many similar cases have they won? What do their reviews say about their services? That's also one of the factors that set Morgan and Morgan apart in the personal injury field. As of 2023, we have recovered over $20 billion for the injured throughout the nation, served over 500,000 clients, and accumulated 28,000+ 5-star reviews on Google.
Lastly, you want a lawyer who understands that the aftermath of a pedestrian accident can break you emotionally and drain you financially. An attorney who is empathetic to your situation is in a better position to advocate for your right to compensation.
Recoverable Damages After the Pedestrian Accident
Because each pedestrian accident case is different, there are no standard recoverable damages for such cases. That said, you may be able to recover medical expenses, lost wages, including both the income you have already lost and any future earning capacity that may be affected by your injuries. In addition, where applicable, you can file a claim for your physical pain, emotional distress, reduced quality of life, permanent disability or disfigurement, or damage to your personal property.
Reasons You Should Let a Pedestrian Accident Handle Your Case
Other than the obvious benefits of hiring a pedestrian accident lawyer, as we've discussed above, such a decision can help you focus on your physical and emotional recovery without the added stress of handling complex legal matters.
For example, at Morgan and Morgan, our attorneys will handle all communication with insurance companies on your behalf, ensure that all necessary paperwork is filed correctly and submitted on time, and give you peace of mind, knowing that your case is in the hands of America's largest injury firm.
Importantly, unlike selfish insurance companies and dishonest adjusters, our attorneys will always have your best interests throughout the legal process. That's because we genuinely understand your pain and deeply care for your well-being, not minimizing costs as insurance companies do.
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FAQ
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
What if the Accident Was a Hit and Run?
If the at-fault driver flees the scene and cannot be identified, you may need to turn to your own uninsured motorist coverage (UM) or underinsured motorist coverage (UIM) for coverage. If you don't have this type of coverage, our attorneys will explore other options that might be available to you, including but not limited to your own health insurance.
What if Someone Died as a Result of the Accident?
You may be able to file a wrongful death lawsuit to seek compensation for the loss of financial support that the deceased would have provided had they been alive, including funeral and burial costs, the loss of companionship, guidance, and emotional support, emotional distress and mental anguish, and medical expenses if they had medical treatment before death.
How Long Does It Take To Settle a Pedestrian Accident Case in Colorado Springs?
Several factors will decide just how long it would take to settle this type of case. For example, if it involves complex legal issues, such as disputed liability, you may need to wait a little bit longer to reach a settlement. This is because your attorney must conduct thorough investigations, gather evidence, and engage in back-and-forth negotiations with insurance companies.
The extent and severity of your injuries will also contribute to the overall timeline. Generally, even before negotiating a settlement, your attorney will want to ensure that you reach maximum medical improvement or achieve a stable condition. That's the only way they'll be able to assess the long-term impact of the injuries.
Negotiations with insurance companies can be time-consuming mainly because they'll try to find any reason to avoid liability or minimize your claim. That back-and-forth process can extend the settlement timeline.
If the case proceeds to trial, the court's schedule and caseload can affect the time it takes to settle because court proceedings, including hearings, discovery, and trial, may require additional time and resources.
The parties' overall willingness to reach a mutually acceptable resolution is yet another determining factor in such cases. Your attorney will most likely settle the case faster if both parties are open to negotiation and compromise.
Are There Any Limits to the Damages I Can Recover?
Colorado does not impose caps on compensatory damages, allowing for full recovery of financial losses suffered in a pedestrian accident case. However, when it comes to non-economic awards, such as pain and suffering and loss of enjoyment of life, the damages are capped at $250,000 with the possibility of increasing to $500,000 if clear and convincing evidence is presented to support the need for this kind of adjustment.
What Is the Deadline for Filing a Pedestrian Accident Claim in Colorado Springs?
In Colorado Springs and throughout the state, you have three years from the date of the accident to take legal action against the at-fault party or risk losing your right to sue.
Are There Any Exceptions to This Rule?
Yes, a few exceptions may apply to the three-year statute of limitations. To begin with, the statute of limitations clock will not start counting until the date you knew or should have known about your damages resulting from the car accident. This allows you to file a claim for damages that may not be immediately apparent, such as internal injuries caused by the accident.
Similarly, if you were injured as a minor, the statute of limitations will not begin until your 18th birthday. And lastly, if the car accident involves a defective automotive product, your case will have a two-year deadline.
What If I Cannot Afford an Attorney?
Not being able to afford an attorney should be the last thing you need to worry about. At Morgan and Morgan, you won't pay us anything unless we win the case. In other words, you have nothing to lose when you contact us for a free case evaluation. And if we win the case, we will deduct a small percentage from the settlement, which settles attorney fees and legal expenses incurred.
Why Should I Trust Morgan and Morgan With My Case?
Morgan and Morgan is America's largest injury firm with over 35 years of experience fighting for the rights of the injured. But that's not the only thing that makes us stand out in this field. We have an army of over 1,000 injury attorneys who specialize in different practice areas and can add great value to your case.
For example, if the accident occurred partly because of a defective product, such as poorly-designed brakes, our defective product lawyers can swing into action and work closely with our car accident attorneys to maximize your claim. That's what makes us different — our size and power.
Besides, insurance companies all over the country know about Morgan and Morgan. Specifically, they know that if they refuse to cooperate with us, we won't hesitate to take the case to court. Our no-nonsense approach when fighting for our client's rights sends a strong warning to insurance providers that we do not settle for less unless that's the best offer.
Contact Morgan and Morgan For an Evaluation
Pedestrian accident cases are time-sensitive and the last thing you want is to lose your chance to seek justice just because you've been locked out by the statute of limitations and other case-specific deadlines. In addition, the sooner you get in touch with us, the better our chances of providing effective legal representation. So contact us today to have your case reviewed by our pedestrian accident experts.