Can Pedestrians Be at Fault for an Accident in Colorado?

 Posted on September 27, 2025 in Car Accident

In April 2025, a pedestrian in Larimer County was hit on I-25 after fleeing a traffic stop and running into traffic. Police reported that the man was struck by multiple vehicles. While what happened to the man was tragic, it highlights that pedestrians, not just drivers, can sometimes be at fault for causing an accident.

It is common to assume that the driver is at fault in a pedestrian accident. In reality, Colorado law says both drivers and pedestrians must follow the rules of the road. In some cases, a pedestrian may be partly or even fully at fault. If you were involved in an accident involving a pedestrian, a Fort Collins, CO pedestrian accident lawyer can review your case and offer tailored guidance.

When Is a Pedestrian at Fault for an Accident in Colorado?

According to C.R.S. § 42-4-801, pedestrians must obey any traffic control devices unless a police officer directs them another way. If someone runs into traffic mid-block or ignores a "Don’t Walk" signal, they may be blamed for the accident. Consider the man who ran into traffic while fleeing a traffic stop. He could be in violation of this statute.

Distracted walking can also lead to pedestrian fault. Using a phone, wearing headphones, or failing to check for cars before crossing can create dangerous situations. Being under the influence of drugs or alcohol is also a factor. If an intoxicated person steps into the street and gets hit by a car, they at least share in the blame, if not hold full liability.

When Is a Driver at Fault for an Accident With a Pedestrian in Colorado?

A driver can be at fault in many scenarios. For example, a driver who runs a red light, speeds, or fails to slow down in a school zone can be held responsible for hitting a pedestrian.

Every driver should know the rules for crosswalks. Sometimes, it may seem like a pedestrian is at fault because they walked out in front of a car. However, under C.R.S. § 42-4-802, drivers must yield to pedestrians who are lawfully in a crosswalk.

Additionally, drivers who are under the influence of alcohol or drugs are almost always at fault if they hit someone. The same is true for distracted driving, such as texting while behind the wheel. If the police report states that the driver was distracted when the accident occurred, it can serve as strong proof of negligence.

Can Both the Driver and the Pedestrian Be at Fault for an Accident in Colorado?

In some cases, both the driver and the pedestrian share responsibility. When that happens, Colorado follows a rule called comparative negligence, explained in C.R.S. § 13-21-111. This law allows you to recover compensation as long as you are less than 50 percent at fault. However, you will only receive an amount equal to the other party’s share of fault.

For example, assume the pedestrian is found 25 percent at fault for crossing outside a crosswalk, and the driver is 75 percent at fault for speeding. The pedestrian can still recover damages. These damages may include money awarded for things like medical bills, lost wages, and pain and suffering, but the total amount would be reduced by 25 percent.

Contact a Larimer County, CO Pedestrian Accident Attorney

At Hoggatt Law Office, P.C., we are dedicated to protecting the rights of people who were injured because of someone else’s negligence. Our firm also proudly serves the community in both English and Spanish. Contact our Fort Collins, CO pedestrian accident lawyer today at 970-225-2190 to schedule a free consultation and learn about your options.