You step into the crosswalk on a steady WALK signal, and then everything stops. By the time you’re back on your feet or still on the ground waiting for help, the driver is already giving a responding officer their version of what happened. That version often becomes the foundation of the police report. It often favors the driver.
We’ve seen what that dynamic costs injured pedestrians. In 2016, Denver Trial Lawyers® secured the largest personal injury verdict in Colorado for a pedestrian struck by a vehicle. That case, like every crosswalk collision we handle, turned on evidence gathered in the hours and days immediately after the crash: before cameras overwrote their footage, before the scene cleared, before an insurer could shape the narrative.
If you or a family member was struck in a Denver crosswalk, call us at (303) 647-9990 to talk through what happened and what the evidence looks like.
Get Safe & Get Checked by Medical Professionals
If you can move without making the pain worse, get out of the roadway. If you can’t, stay where you are and wait for help. Adrenaline routinely masks concussion symptoms and internal injuries in the first hour, so how you feel at the scene isn’t a reliable measure of how seriously you’re hurt.
The Denver Health Paramedic Division is the sole 911 emergency medical services provider for the City and County of Denver, connecting directly to Denver Health’s Level I trauma center. Accept evaluation from responding paramedics and follow through with a same-day examination at a hospital or urgent care facility. A treatment record created on the day of the crash ties your injuries to that specific event. Without it, an insurer can argue that the gap between the accident and your first medical visit means the injuries happened elsewhere or weren’t serious.
Preserve the Evidence Crosswalk Cases Turn On
Capture the Signal & the Crossing
Before the scene clears, photograph everything you can safely reach: the WALK or DON’T WALK indicator, the crosswalk markings or curb ramps, the vehicle’s resting position, and any skid marks on the pavement. If someone with you can take the photos while you wait for paramedics, have them do it.
The most important detail is the signal phase at the exact moment of impact: steady WALK, flashing DON’T WALK, or steady DON’T WALK. This information isn’t automatically preserved anywhere. Signal controllers don’t log historical phase data in a format that survives indefinitely, and the police report typically reflects what officers observed after the fact, not what the signal showed when you were in the crosswalk. A photo of the signal taken immediately after impact or a witness statement describing what it showed can be the difference between a clear liability picture and a disputed one.
Track Down Camera Footage & Witnesses
Look around the intersection for traffic cameras on signal poles and for businesses with exterior surveillance. Restaurants, pharmacies, banks, and parking structures near Denver intersections frequently have cameras pointed at or near the street, and many of those systems overwrite footage on a 24- to 72-hour loop. Identifying the locations at the scene gives our attorneys the ability to send preservation requests before that window closes.
Get names and phone numbers from anyone who witnessed the collision. Responding officers don’t always canvas for witnesses beyond those still present when they arrive, and a witness who saw the signal phase or the vehicle’s speed before impact can provide testimony no camera captures.
Colorado’s Crosswalk Right-of-Way Rules & Why They Matter to Fault
One misconception we see consistently: many pedestrians and some legal resources assume that crosswalk protection only applies to painted crosswalks with visible markings. That’s not what Colorado law says.
C.R.S. § 42-4-802 requires drivers to yield to pedestrians in both marked crosswalks and unmarked crosswalks at intersections. An intersection without painted lines is still a legally recognized crossing point, and a driver who fails to yield there has violated the statute. C.R.S. § 42-4-807 goes further, requiring drivers to exercise due care to avoid colliding with pedestrians regardless of whether the technical crosswalk conditions are met.
These statutes matter because Colorado uses a modified comparative negligence rule under C.R.S. § 13-21-111. Your compensation is reduced by whatever percentage of fault a jury assigns to you. If a jury finds you 30 percent at fault, you recover 70 percent of your damages. If the fault assigned reaches 50 percent or more, you recover nothing. Insurers know this, and they use it. The argument that you stepped outside the painted lines, started crossing late in the signal cycle, or weren’t paying attention is an attempt to push your fault percentage high enough to reduce or eliminate payment.
Reporting the Crash & Understanding Your Filing Deadline
Under C.R.S. § 42-4-1606, any crash involving injury, death, or property damage must be reported. Law enforcement will complete a DR 3447 crash report, which becomes a central document in any insurance claim or lawsuit. That is why the officer’s initial impressions, often formed from the driver’s account, carry so much weight.
The filing deadline for a pedestrian injury claim in Colorado is three years from the date of the collision under C.R.S. § 13-80-101(1)(n). Several competing resources cite C.R.S. § 13-80-102 as the controlling statute, but that provision governs the two-year deadline for general injury claims not involving a motor vehicle. Relying on the wrong statute could lead you to believe you have more time than you do. For vehicle-involved pedestrian injuries, § 13-80-101(1)(n) controls.
There is one critical exception. If a government vehicle was involved, or if a road defect or crosswalk maintenance failure contributed to the crash, the Colorado Governmental Immunity Act requires written notice to the responsible government entity within 182 days of the incident (roughly six months). Missing that deadline typically bars the claim entirely. The 182-day notice requirement operates independently from the three-year filing deadline, so both apply when a government entity is involved.
Handling Insurance Company Contact Before You Have Legal Advice
The driver’s insurer will contact you. The approach is usually friendly and quick, and there’s a reason for both. Early contact happens before the full picture of your injuries is clear, before surveillance footage has been preserved, and before you’ve had time to consult an attorney. The goal is a recorded statement and, if possible, a fast settlement that closes the claim before the costs are fully understood.
Don’t give a recorded statement, and don’t accept a settlement offer until you know the full extent of your injuries. The most common fault argument in crosswalk cases is that the pedestrian stepped outside the marked lines, entered on a late signal, was looking at a phone, or wore dark clothing at night. This argument is designed to use Colorado’s comparative negligence rule to reduce the payout. The evidence that defeats those arguments disappears fastest: signal phase documentation, camera footage, and witness accounts. Accepting payment closes the claim, and if symptoms worsen or new injuries surface after settlement, there’s no path back.
Why the First Days Define the Case
Crosswalk injury claims are, more than most personal injury cases, decided by what gets preserved before the scene disappears. Signal phase data, surveillance footage, witness contact information, and same-day medical records are the building blocks of a strong case. Once they’re gone, they’re gone.
Our team at Denver Trial Lawyers® includes investigators, nurse practitioners, and litigation technology professionals working alongside our attorneys from the start of every case, not brought in as an afterthought. We handle pedestrian accident claims on a contingency fee basis, which means no fees unless we recover on your behalf.
If you or a family member was struck in a Denver crosswalk, call us at (303) 647-9990 to talk through what happened and what the evidence looks like.
