The worst thing that can happen to you as a driver is to hit a pedestrian. Pedestrians are completely unprotected so almost any contact with a car will result in serious injuries. The difference between a two ton car and a 150 pound person are just unfair. Because of this, most accidents with pedestrians will be judged the driver's fault. Even if the pedestrian acted carelessly, it is the driver's job to avoid people and other hazards.
If you are the driver in a pedestrian accident, stay calm and speak immediately with all parties involved. Call for medical help if needed. Drivers should know the basic rules for fault and liability before they are forced to call a Denver car accident attorney. The best technique of course is to avoid all accidents by staying alert for pedestrians.
Immediately after an accident, try to get any injured parties in the road to safety. Do not attempt medical treatment unless you are specifically trained in it. Then call for medical help. The next step will be the legal step. In Colorado, you are required to notify the police after any accident that involves injuries. You will want to also contact a Denver personal injury attorney, especially if you think you might be facing criminal charges. Then contact your insurance company and be prepared to give an accurate statement of events.
Try to find the pedestrians contact info. Avoid talking excessively, as a simple apology can be considered an admission of guilt in some situations. Avoid speaking directly to the other party's lawyer or insurance agent. Barring any extenuating circumstances, a civil case will be decided by negligence law. Both parties may be negligent so consult your Denver car injury lawyer beforehand. Some states do not protect the pedestrian at all if they are ruled to be a contributing cause to the accident. Colorado however follows comparative fault, which awards damages based on the percentage of fault.
The police report after the accident is important because it is the primary document that legal proceedings will be based on. They usually give an opinion of fault either on the spot or after an investigation.
The insurance company may dispute this, especially if they would be forced to pay a large claim. If the adjuster was unfair, you may need a lawyer to help modify the percentage of fault. Any injured pedestrians should be able to file against your liability insurance. Personal injury protection laws in some states require insurance companies to pay injured pedestrians regardless of fault.
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