What Types of Compensation Can I Claim as a Pedestrian Hit by a Car?

 Posted on June 30, 2026 in Personal Injury

If you were hit by a car while walking, you may be entitled to money for your medical bills, lost wages, and other expenses. According to the National Highway Traffic Safety Administration, 71,635 pedestrians were injured in traffic crashes across the country in 2024, and 7,080 were killed. Pedestrians take the full force of a collision with nothing to absorb the impact, which is why these crashes so often result in serious or permanent injuries. Colorado law allows injured pedestrians to seek compensation for the full extent of their financial losses, although some types of damages may be subject to legal limits.

If you were hurt in a pedestrian accident in 2026, a Fort Collins, CO personal injury attorney can review your case.

What Types of Compensation Can a Pedestrian Get After Being Hit by a Car?

A pedestrian accident claim covers the losses you suffered because of the crash. Those losses can include:

• Medical expenses: This covers emergency care, hospital stays, surgeries, prescriptions, follow-up visits, and physical therapy. Your health insurer may have a right to be repaid from any settlement for what it paid on your behalf.

• Lost income: If your injuries kept you from working, you can claim the wages you missed during recovery. If you can no longer do the same work, or cannot work at all, you can also claim lost future earning capacity.

• Pain and suffering: This covers the physical pain and emotional distress your injuries caused. The amount depends on the severity of your injury, your recovery time, and whether you will have lasting effects.

• Property damage: If a phone, bicycle, or other personal property was damaged in the crash, you can include that loss in your claim.

These categories apply to most pedestrian claims; however, the specific amount you can recover depends on the facts of your case. Colorado gives injured pedestrians three years from the crash date to file a personal injury lawsuit under C.R.S. § 13-80-101.

If the driver fled the scene, you may still be able to recover compensation through your own uninsured motorist coverage under your auto or umbrella policy. If the crash was fatal, the family may have a separate claim under Colorado's wrongful death statute rather than a standard personal injury claim.

Can You Still Recover Compensation If You Were Partially at Fault as a Pedestrian in Colorado?

Under C.R.S. § 13-21-111, Colorado follows a modified comparative fault rule. Under this rule, your compensation is reduced by your share of fault. You can recover damages as long as you are less than 50 percent responsible for the crash.

Colorado law sets clear duties for both drivers and pedestrians. Under C.R.S. § 42-4-802, drivers must yield to pedestrians in a crosswalk when traffic signals are not in place or are not working, if the pedestrian is in the driver’s half of the road or close enough to be in danger. 

Pedestrians, in turn, cannot suddenly step into traffic when a vehicle is too close to stop. When fault is disputed, physical evidence, witness accounts, and traffic camera footage all play an important role.

Insurance adjusters often try to shift blame for the accident onto pedestrians. Common arguments include that the pedestrian was crossing outside a crosswalk or wearing dark clothing at night. These arguments can be disputed, but they can reduce a payout if the adjuster successfully convinces a jury of a shared fault.

How Is Compensation Calculated in a Colorado Pedestrian Accident Claim?

Insurance companies rarely start with a compensation offer fit for your actual losses. Instead, they open with a low figure and adjust based on the evidence you put in front of them. Straightforward expenses like medical bills are easy to document, but other categories take more work to support.

Pain and suffering have no fixed price. Insurers typically apply a multiplier to your total medical costs to arrive at a figure, and consistent treatment records, along with your doctor's notes about how the injury affects your daily life, are what push that number up.

Future medical costs and lost earning capacity are among the most contested. Projected treatment, surgeries down the road, and ongoing missed work all need to be backed by records. For self-employed or gig workers, proving income loss also requires tax returns, invoices, and contracts.

Contact a Fort Collins, CO Pedestrian Accident Attorney for a Free Consultation

If you were hit by a car as a pedestrian, the Larimer County, CO personal injury lawyers at Hoggatt Law Office, P.C. can help. Attorney Hoggatt is a member of the Colorado Trial Lawyers Association and the Workers' Compensation Education Association. Call 970-225-2190 today to schedule a free consultation.

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