What happens if you hit a pedestrian not in a crosswalk?..

At Fang Accident Lawyers, we understand how overwhelming it can be when you’re involved in a pedestrian accident. If you’re asking yourself what happens if you hit a pedestrian not in a crosswalk, you’re not alone—and you’re right to seek clarity. These situations are far more common than most people realize, and they raise serious legal and emotional concerns. In Colorado, both drivers and pedestrians have legal responsibilities that don’t always align with popular assumptions. While motorists are expected to remain vigilant and avoid collisions whenever possible, pedestrians also have a duty to act with reasonable care. When a pedestrian crosses outside of a designated crosswalk, determining fault becomes a more nuanced process.

Every case depends on a careful review of the facts, including the location of the incident, each party’s actions, and the applicable traffic laws. Our team is here to help you understand your rights and responsibilities under Colorado law and to protect your legal interests moving forward.

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What happens if you hit a pedestrian not in a crosswalk?

Drivers may still be held liable even if the pedestrian wasn’t using a crosswalk. Every case depends on its specific facts, including road conditions, driver behavior, and pedestrian actions.

According to the National Highway Traffic Safety Administration, more than 7,300 pedestrians were killed in traffic crashes in 2023, and over 68,000 suffered injuries. A significant number of these accidents happened outside of marked crosswalks.

When a driver hits a pedestrian not in a crosswalk, potential consequences include:

• Civil liability: The injured pedestrian may file a lawsuit to recover costs associated with medical care, lost wages from time off work, and compensation for pain, suffering, or emotional distress.
• Criminal charges: If the driver’s behavior involved reckless actions, impaired driving, or fleeing the scene, they could face criminal prosecution and potential penalties like jail time or license suspension.
• Insurance implications: If found at fault, the driver may face significantly increased insurance premiums, claim denials, or coverage limitations depending on the terms of their policy and the nature of the accident.

Even if the pedestrian violated traffic laws, the driver must still act reasonably. For example, a sober, alert driver traveling at a safe speed may avoid fault altogether. However, a speeding or distracted driver could be found liable, regardless of the pedestrian’s location.

How is fault determined in Colorado?

Colorado uses a system of modified comparative negligence to determine liability. Under Colorado Revised Statutes Section 13-21-111, a person can recover damages if they are less than 50% at fault, but their compensation will be reduced by their percentage of fault.

This system applies to both pedestrians and drivers. A pedestrian hit while jaywalking may be assigned a percentage of fault. Similarly, a driver texting while driving may also carry part of the blame.

Key factors considered in fault analysis include:

• Speed of the vehicle at the time of the crash
• Weather and visibility conditions
• Presence or absence of crosswalks
• Actions of both parties before the collision
• Traffic and road signage

In intersections, there may be unmarked crosswalks, especially in residential or urban zones. Drivers are required to yield in these areas, even when crosswalks aren’t painted.

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Can a pedestrian be at fault?

Yes, pedestrians can absolutely be at fault for causing or contributing to an accident. While drivers have a legal responsibility to operate their vehicles safely, pedestrians must also obey traffic signals and laws. The principle of shared responsibility plays a key role in how liability is assigned.

Examples of pedestrian negligence include:

• Jaywalking: Crossing in the middle of the street without checking for oncoming traffic puts pedestrians at serious risk and can violate local traffic laws, impacting liability in a claim.
• Distracted walking: When pedestrians look at their phones instead of paying attention to vehicles, they may miss important visual cues and walk into traffic unexpectedly.
• Crossing against signals: Entering a crosswalk while the signal says “Don’t Walk” or when a traffic light is red can result in shared or full fault for a collision.
• Darting into the street: Quickly stepping off the curb into traffic without warning drivers creates a dangerous situation and often leaves no time for vehicles to stop safely.

These behaviors can increase the risk of a collision and may lead to the pedestrian being found at fault. In Colorado, if a pedestrian is more than 50% responsible for an accident, they are barred from recovering compensation. This is particularly relevant in cases where a pedestrian disregards clearly posted crossing signals or walks into the road from between parked cars.

However, liability doesn’t always rest solely with the pedestrian. If the driver was speeding, distracted, under the influence, or failed to yield at an unmarked crosswalk, they may share or even carry the majority of the fault. In such cases, a pedestrian may still recover a portion of the damages, even if they were partially negligent. Understanding how these shared responsibilities apply can be crucial in determining the outcome of a personal injury claim involving a pedestrian accident.

Common injuries in pedestrian accidents

Pedestrian accidents often result in severe or life-threatening injuries, even at low speeds. Unlike occupants of vehicles, pedestrians have no protection from impact, making them vulnerable.

Some of the most common injuries include:

• Traumatic brain injuries (TBI)
• Spinal cord injuries and paralysis
• Fractures and broken bones
• Internal bleeding
• Facial injuries and dental trauma
• Lacerations and road rash

These injuries frequently require extensive medical treatment, long recovery periods, and, in some cases, permanent disability. Medical expenses and lost income can quickly accumulate, making it essential to explore your legal options.

In some instances, mental and emotional trauma also accompany the physical harm, further complicating recovery and potential compensation.

Remington W. Fang

A Colorado Springs native with a lifelong passion for standing up to bullies, Remington fights for the injured against corporations that put profit over people. Raised in a family devoted to service and healing, he brings compassion and grit to every case.

A graduate of the University of Northern Colorado and the University of Arkansas School of Law, Remington has recovered millions for clients with Fang Accident Lawyers. He believes no injury should silence the human spirit — and he won’t stop fighting until justice is served. See Remington in AVVO.

Free case consultation call us at (303) 710-8621

Talk to a Colorado pedestrian accident attorney today

Whether you were the driver or a pedestrian in an accident not involving a crosswalk, the legal questions can be complex. At Fang Accident Lawyers, we guide accident victims through the legal process with clarity, skill, and compassion. If you’re unsure of your rights or potential liability, contact our Denver pedestrian accident lawyers for a free consultation today. We’re ready to help you protect your future and pursue the outcome you deserve.