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Auto-pedestrian accidents are not always pedestrian's fault

When pedestrians are struck by vehicles in Colorado, they are typically deemed the negligent parties even before investigations are complete. Although it is true that pedestrians are often at fault, vehicle operators might be partially to blame. Victims of auto\-pedestrian accidents are entitled to seek financial relief in the civil court, regardless of whether the drivers are criminally charged or convicted.

One such a claim may arise after a recent accident in which a 16-year-old teenager was struck by a vehicle in the Colorado city of Lakewood. According to a police report, the two boys -- the 16-year-old and his 15-year-old brother -- were walking along a local roadway at approximately 6:30 a.m. when a car struck the older boy. Reportedly, he was in a critical condition when he arrived at the hospital.

Officers reported that drugs or alcohol involvement was not suspected, and they said the driver remained at the scene. The police report also indicated that witnesses alleged the two teens crossed the road when the light was red. However, further investigation may bring more clarity about the circumstances that led to this accident.

Victims of auto-pedestrian accidents in Colorado might have questions about the contributory negligence doctrine under Colorado laws. An experienced personal injury attorney can explain that a pedestrian can file a civil lawsuit but any monetary judgment awarded will be reduced by the percentage of his or her contributory negligence to the accident. However, the pedestrian will be only able to recover damages if that percentage is not higher than the percentage of fault allocated to the defendant.

Source: Lakewood, CO Patch, "Pedestrian Teen Struck By Auto In Lakewood", Jean Lotus, April 17, 2018

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