Pedestrian and Bicycle Accidents | Wrongful Death Claims
Colorado is a state where people enjoy being outdoors. During the non-winter months, many people choose to bike or walk to their destinations instead of driving. Unfortunately, sometimes negligent drivers will cause Colorado pedestrian and bicycle accidents.
If your loved one was killed as a pedestrian or bicyclist, you need an experienced lawyer to help you with your case. A Colorado personal injury attorney will be able to review your circumstances to determine who is at fault, how to prove their negligence, and how to win the compensation you deserve.Proving Fault
In a pedestrian or bicycle wrongful death case in Colorado, the plaintiff must prove the liable party’s fault to win damages. For you and your attorney to prove fault in your case, you have to illustrate all three of the following components:
- Duty of care - The first piece of proving liability is to show the defendant had a duty of care to the victim. Many pedestrian and bicycle accidents are the result of a negligent driver hitting them. In these instances, proving duty of care would require illustrating that the driver had a responsibility to obey Colorado traffic laws.
- Breach of duty of care - After proving the defendant had a duty of care to the deceased, the next step is demonstrating that they breached their duty of care. Again, in a car accident, the plaintiff and their wrongful death lawyer in Colorado could show that the driver was speeding or ran a red light.
- Causation - It is not enough to show that the negligent party breached their duty of care. The final step is to draw a direct connection between that breached duty of care and the death of the deceased.
More often than not, bicycle and pedestrian accidents are caused by negligent drivers. Usually, these accidents occur because a driver was unaware of their surroundings. A lack of awareness as a driver in a major city such as Denver can be a recipe for disaster for bicyclists and pedestrians. Below are some of the common causes of bicycle and pedestrian accidents:
- Driving under the influence
- Texting and driving
- Disobeying traffic laws such as speeding
- Weather conditions
- Failing to stop or yield
The rules for who is at fault and what kind of damages you can recover in an accident varies state by state. Colorado is what’s known as a contributory negligence state, which means that an accident victim can recover damages as long as they were less than 50% at fault for the accident. The damages you can recover are proportionally reduced based on your percentage at fault. For example, if a jury finds you 25% at fault for an accident and you would be awarded $100,000 for your damages, you would only receive $75,000. To learn more, talk to a Colorado personal injury attorney.Types of Damages
When filing a wrongful death claim, the end result is to get justice for your loved one by winning compensation, which is legally known as “damages”. Below are the different types of damages you could earn in your case:
- Loss of income
- Medical bills
- Property damage
- Loss of enjoyment of life
- Loss of consortium
- Pain and suffering
- Funerary costs
Every case is different, so the types of damages you could win will depend on the unique circumstances of your case. To have an informed evaluation of your case’s value, consult an experienced attorney.Getting the Justice You Deserve
Wrongful death cases are not always easy to win. To have the best chance at winning the compensation you deserve, you want a lawyer on your side. Colorado attorney James Shaw is an experienced lawyer who knows how to make the most of any case. Call today at 1-800-555-0101 to speak with the wrongful death lawyer in Colorado for a free, no obligation consultation.