Is a Driver Automatically at Fault for Hitting a Pedestrian in Colorado?

 Posted on February 20, 2026 in Car Accident

Drivers in Colorado are often legally responsible for hitting a pedestrian when they fail to follow traffic laws designed to protect people on foot. This includes situations such as failing to yield at a crosswalk, running a red light, or driving carelessly in areas with pedestrian traffic.

Colorado law places a duty on drivers to stay alert and avoid harming pedestrians whenever possible. As of 2026, these legal protections remain in place to help injured pedestrians recover compensation if they are hit by a negligent driver. Our Fort Collins, CO pedestrian accident attorney helps injured individuals understand when a driver is at fault and what steps to take after a pedestrian accident.

When Does Colorado Law Require Drivers To Yield to Pedestrians?

Colorado law clearly requires drivers to yield to pedestrians in certain situations. This duty exists to protect people who are crossing the road safely.

Under Colorado Revised Statutes § 42-4-802, drivers must stop for pedestrians crossing within a marked crosswalk or at an intersection. Drivers must remain stopped until the pedestrian has safely crossed their lane.

Drivers must also use caution when turning. Many pedestrian crashes happen when drivers turn at intersections without checking for people crossing. Failing to yield in these situations often makes the driver legally responsible for the accident.

When Is a Driver Automatically at Fault for a Pedestrian Accident In CO?

A driver is often considered at fault when their actions directly violate traffic safety rules or show careless driving. Fault usually depends on whether the driver failed to act reasonably under the circumstances.

Common examples include:

• Failing to stop at a crosswalk
• Running a red light or stop sign
• Speeding in areas where pedestrians are present
• Driving while distracted, such as texting
• Failing to watch the road
• Ignoring traffic signals
• Failing to slow down in areas with heavy foot traffic

These actions show that the driver did not take proper care to avoid harming others. When a driver breaks traffic laws or fails to use reasonable care, they can be held legally responsible for the pedestrian’s injuries.

Does Fault Change if the Pedestrian Was Not in a Crosswalk When Hit by a Car?

Fault does not always fall entirely on the driver. Colorado follows a comparative fault rule. This means both the driver and pedestrian may share responsibility.

Under Colorado Revised Statutes § 13-21-111, an injured pedestrian can recover compensation as long as they are less than 50 percent at fault. However, the amount of compensation may be reduced based on their share of fault.

Even when pedestrians are outside a crosswalk, drivers still have a duty to use reasonable care. Drivers must watch for pedestrians and take steps to avoid hitting them. Each case depends on the specific facts and available evidence.

What Evidence Helps Prove the Driver Was at Fault for a Pedestrian Accident?

Important evidence that may help when determining legal responsibility for an accident includes:

• Police reports describing the accident
• Witness statements from people who saw the crash
• Traffic camera or surveillance footage
• Photos of the accident scene

This evidence helps explain what happened and supports a claim for compensation. Strong evidence can make it easier to prove the driver's fault.

What Compensation Can Injured Pedestrians Recover?

Injured pedestrians may recover compensation for the harm caused by the accident. This compensation is meant to address both financial losses and the personal impact of the injury. It may cover medical treatment, lost income, and pain and suffering. In more serious cases, compensation may also help pay for ongoing care or rehabilitation.

This financial recovery can provide stability and allow injured pedestrians to focus on healing and moving on.

Schedule a Free Consultation With Our Larimer County, CO Pedestrian Accident Attorney

If you were hit by a vehicle, you may have the right to recover compensation for your injuries and losses. At Hoggatt Law Office, P.C., we help injured pedestrians understand their legal options and hold negligent drivers accountable. Call 970-225-2190 to schedule a free consultation with our Fort Collins, CO pedestrian accident lawyer today and learn how to protect your right to fair compensation. Se Habla Español.