Duty to keep a proper lookout

As pedestrians, we all know how dangerous it can be to cross intersections on foot. I always counsel clients to obey all pedestrian signals at intersections and when crossing the street. Intersections are where the majority of car vs. pedestrian accidents occur. As well as car drivers, pedestrians must constantly keep a lookout for moving vehicles. My father used to say to me: stop, look and listen. We need to use all our available senses to maintain proper alertness and to avoid being hit by any type of moving vehicle.

The purpose of writing this article about pedestrian hit by car settlement is to make pedestrians aware of their rights when injured by the negligence of a vehicle driver. A car driver or any type of vehicle driver has a duty under Colorado law to “keep a proper lookout”. What does this mean? Generally, a driver must keep a reasonable lookout for other cars, pedestrians, motorcyclists, cyclists, etc. If you as a driver look, but do not see what a reasonable person would see, then you are negligent and can be held liable for another person’s injuries. It is usually up to the Judge and Jury as to what a “reasonable” person would have seen under the factual circumstances of a given pedestrian hit by car settlement.

Again, if a driver fails to keep a proper lookout under the circumstances, then that driver can be held responsible for your injuries and damages. For example, let’s say you are crossing a street at a designated pedestrian crosswalk when a car slams into you, causing injuries. In these circumstances, the car driver can be held liable for your injuries and an attorney can prosecute this type of case, a pedestrian hit by car settlement.

Duty to yield the right-of-way

Similarly to the duty to keep a proper lookout, all drivers of motor vehicles have a duty to yield the right-of-way. What does this mean? Yielding the right-of-way has many different meanings according to the particular factual circumstances. For example, a driver approaches an intersection and normally will have the duty to yield the right-of-way to other drivers who are already in the intersection. The same can be said with regard to pedestrians. If a pedestrian is already crossing an intersection when he or she has the walk signal, then all drivers have a duty to yield the right-of-way to the pedestrian.

In any pedestrian hit by car settlement, your personal injury or accident attorney will need to analyze all factors before settling your case. With regards to fault, a good car accident attorney can prove that the negligent driver has failed to keep a proper lookout and has violated the duty to yield the right-of-way. When an attorney proves fault in this manner, then he must prove your injuries and that those injuries were caused by the negligence of the at-fault driver. Finally, after proving fault and causation, your personal injury attorney will need to prove your injuries in order to recover money damages. 99% of the time, an accident attorney will be able to settle a pedestrian hit by car settlement case without the necessity of filing a lawsuit.

In Colorado, the duty to yield the right of way to pedestrians is spelled out in section 42-4-802 of the Colorado Revised Statutes. According to section 42-4-802:

(1)  When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

(2)  Subsection (1) of this section shall not apply under the conditions stated in section 42-4-803.

(3)  A pedestrian shall not suddenly leave a curb or other place of safety and ride a bicycle, electrical assisted bicycle, or electric scooter, or walk or run into the path of a moving vehicle that is so close as to constitute an immediate hazard.

(4)  Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

(5)  Whenever special pedestrian-control signals exhibiting “Walk” or “Don’t Walk” word or symbol indications are in place, as declared in the traffic control manual adopted by the department of transportation, such signals shall indicate and require as follows:

(a)  “Walk” (steady): While the “Walk” indication is steadily illuminated, pedestrians facing such signal may proceed across the roadway in the direction of the signal indication and shall be given the right-of-way by the drivers of all vehicles.

(b)  “Don’t Walk” (steady): While the “Don’t Walk” indication is steadily illuminated, no pedestrian shall enter the roadway in the direction of the signal indication.

(c)  “Don’t Walk” (flashing): Whenever the “Don’t Walk” indication is flashing, no pedestrian shall start to cross the roadway in the direction of such signal indication, but any pedestrian who has partly completed crossing during the “Walk” indication shall proceed to a sidewalk or to a safety island, and all drivers of vehicles shall yield to any such pedestrian.

(d)  Whenever a signal system provides for the stopping of all vehicular traffic and the exclusive movement of pedestrians and “Walk” and “Don’t Walk” signal indications control such pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection while the “Walk” indication is exhibited, if signals and other official devices direct pedestrian movement in such manner consistent with section 42-4-803 (4).

(6)  Any person who violates any provision of this section commits a class A traffic infraction.

Duty to exercise due care

According to the Model Traffic Code of Colorado (written by the Colorado Department of Transportation):

  1. Drivers to exercise due care. Notwithstanding any of the provisions of this Code, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person upon a roadway. Any person who violates any provision of this section commits a class A traffic violation.

This duty is codified in section 42-4-807 of the Colorado revised statues as follows:

Notwithstanding any of the provisions of this article, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person upon a roadway. Any person who violates any provision of this section commits a class A traffic infraction.

As stated above, in section 42-4-807, a driver has a duty to exercise due care. What does it mean to exercise due care? Well, for one thing, a driver must exercise due care to avoid slamming into a pedestrian. Rule 807 also details the exercise of due care when someone sees a pedestrian who looks confused, or apparently on drugs or alcohol, especially high care when seeing children who really do not fully have the mental capacity to do the right thing.

The duty to exercise due care has to be analyzed in every traffic crash involving a pedestrian. Of course, the duty to exercise due care can change according to each particular factual circumstance. For example, if a blind person is crossing the street, a driver has a duty to exercise due care and to avoid running over the blind pedestrian. If 2 children are crossing the road (even if not in a crosswalk), then a driver has a high duty to exercise due care to avoid injuring these children.

Summary of Driving Laws and Pedestrians

Here is a summary of the law concerning pedestrians vs. motor vehicles:

Pedestrians and Crosswalks

The driver of a vehicle must stop and yield the right of way to a pedestrian crossing the roadway within a crosswalk when the pedestrian has reached the halfway point of the crosswalk, or when the pedestrian is approaching so closely from the opposite half of the crosswalk as to be in danger. Section 42-4-802, C.R.S.

Restrictions on Pedestrians Crossing Roadways

No pedestrian must suddenly leave a curb or other place of safety and move into the path of a moving vehicle that is so close that it might constitute an immediate hazard. Section 42-4-802, C.R.S.

Pedestrian Control Signals

Whenever special pedestrian control signals, exhibiting the words Walk or Don’t Walk are in place such signals shall indicate as follows:

  1. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by the drivers of all vehicles.
  2. Don’t Walk. No pedestrian shall start to cross the roadway in the direction of such signal, whether flashing or steady. Any pedestrian who has partially completed the pedestrian’s crossing on the Walk signal shall complete the crossing to a sidewalk or safety island while the Don’t Walk signal is showing. Section 42-4-802, C.R.S.

Crossing at Other Than Crosswalks

Pedestrians intending to cross a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles on the roadway.

Pedestrians must use only the marked crosswalk to cross between two adjacent intersections that have traffic-control signals in operation.

Pedestrians can cross an intersection diagonally only when it is authorized by traffic-control devices. Section 42-4-803, C.R.S.

Pedestrians on Roadway

Where sidewalks are provided, it is unlawful for any pedestrian to walk along and upon adjacent roadway.

Where sidewalks are not provided, pedestrians are permitted to walk only on or along the left side of the roadway or on its’ shoulder facing traffic from the opposite direction. Section 42-4-805, C.R.S.

Pedestrians’ Right of Way on Sidewalks

The driver of a vehicle emerging from or entering an alley, building, private road, or driveway shall yield the right of way to any pedestrian approaching on any sidewalk extending across the alley, building entrance, road, or driveway. Section 42-4-710, C.R.S.

Drivers to Exercise Due Care

The driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the driver’s horn when necessary and shall exercise proper precaution upon observing any child or obviously confused or incapacitated person. Section 42-4-807, C.R.S.

Pedestrians Under the Influence of Alcohol or Controlled Substance

The driver of a vehicle shall exercise due care to avoid colliding with any obviously confused or incapacitated person. Section 42-4-807, C.R.S.

Conclusion

In conclusion, I can help you with a pedestrian hit by car settlement. I know the law on pedestrians and have handled thousands of cases involving pedestrian vs. motor vehicle. I will prove fault on the part of the driver, if in fact the driver is at fault according to the Code and Colorado Statutes. I will prove that this fault/accident caused your injuries. I will then present your injuries and damages to the at-fault driver’s insurance company in order to get you a pedestrian hit by car settlement.


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