Can I Sue if I Was Hit by a Car While Walking in a Colorado Parking Lot?

 Posted on June 26, 2025 in Car Accident

Motor vehicle accidents involving pedestrians are common in parking lots, and these incidents can cause serious harm, leaving many victims wondering whether they have legal options to recover compensation. In Colorado, pedestrians struck in parking lots often have the right to file a claim or sue, but success depends on the details of the case, including who was at fault and whether negligence can be proven. If you have questions about your right to compensation, a Fort Collins, CO pedestrian accident attorney can explain how the law governs your case.

What Are My Rights if I Am Hit in a Parking Lot in Colorado?

Several traffic and personal injury laws protect pedestrians in Colorado. For example, even though parking lots are typically considered private property, drivers are still required to operate their vehicles with reasonable care. Under C.R.S. § 42-4-807, drivers must exercise due care to avoid colliding with pedestrians. In parking lots, drivers are expected to yield to pedestrians, especially in crosswalks.

If a driver failed to yield or was distracted, reckless, or intoxicated, and you were injured as a result, you likely have grounds to file a personal injury claim. These claims seek damages for losses, such as the cost of medical bills, lost income, pain and suffering, and more. Even if you are found partially liable for the accident, you may still be able to recover some compensation. 

Colorado follows a modified comparative negligence rule under C.R.S. § 13-21-111. This law allows you to recover damages even if you were partially at fault, as long as your share of the blame is less than 50 percent; however, your compensation will be reduced by your percentage of fault. For example, if you suffered $50,000 in damages and are found 10 percent at fault, you would recover $45,000. 

How Colorado’s New Pedestrian Safety Law Affects Parking Lot Accidents

According to the Colorado Department of Transportation (CDOT), pedestrian fatalities have risen by 77 percent since 2018. While some improvement was seen in 2024, the trend alarmed policymakers and safety advocates. In response, Colorado lawmakers passed SB 24‑195 in 2024. This law allocates $7 million annually to fund pedestrian infrastructure improvements across the state, such as better lighting and safer walkways, to help reduce risks in high-traffic areas. The increased focus on prevention underscores the seriousness of pedestrian crashes and could even strengthen your claim by showing a broader context of risk and the recognized duty to address it.

Can Property Owners Be Liable for a Parking Lot Pedestrian Injury?

Responsibility in a parking lot accident is not always limited to the driver. Property owners and managers may also bear legal liability if the conditions in the lot contributed to the crash. For example, if poor lighting, worn-out pavement markings, or a lack of signage created an unsafe environment, the owner could be held partially responsible under C.R.S. § 13-21-115. This law requires property owners to take reasonable steps to maintain a safe environment for those legally present on their property.

Contact a Fort Collins, CO Pedestrian Accident Attorney

You could be entitled to significant compensation for your injuries, but proving fault and dealing with insurance companies can be complicated. An experienced Larimer County, CO pedestrian accident lawyer at Hoggatt Law Office, P.C. can help you gather evidence, understand your legal rights, build a strong case, and fight for fair compensation. At every stage, having an advocate who understands Colorado’s traffic and premises liability laws can make a significant difference. Call 970-225-2190 to schedule your free consultation today. Se habla Español.