A deadly crash that killed a pedestrian occurred in northeast Colorado Springs last week. The victim was a 42-year-old woman who had been walking westbound along Winters Drive just before 10:30 p.m. At that time, a car was also going westbound on the same street and struck her.
She was taken to a hospital, where she died. The driver of the car that hit the victim did stay on the scene of the tragic accident, and police were able to determine that neither alcohol nor speed caused the crash.
Know the Common Causes of Pedestrian Accidents
In this Colorado car accident, the driver stayed on the scene, which is a good first step. This allowed the police to quickly rule out alcohol or speed as factors. Granted, it's still unclear how the driver struck the pedestrian as she walked along Winters Drive, so we don't know if the driver was negligent or if he or she simply couldn't see the victim on the street.
But in general, there are several common causes of pedestrian accidents. They include:
- Impaired driver
- Distracted driver
- Impatient driver
- Fatigued or asleep driver
- Driver with a medical condition
- Failure to yield to the pedestrian
- Failure to see the crosswalk
- Improperly marked crossing area
- Defective brakes on the car
- Unsafe sidewalk
- Bad weather conditions
While most of these causes of pedestrian accidents are the fault of the driver, some are not within his or her control. For example, if the pedestrian has to step into the street due to construction on the sidewalk or due to a broken and unsafe sidewalk, the driver might not be able to avoid hitting the pedestrian.
Of course, this doesn't mean there's no one at-fault here, such an accident could be at least partially due to the negligence of the construction company or the city. An experienced Denver accident lawyer can help determine the at-fault party when it's not clear the driver should be liable.
Wrongful Death After a Pedestrian Accident
Clearly, there are a lot of possible causes for pedestrian accidents involving vehicles. Determining the likely cause of the auto accident and the at-fault party is important if you want to bring a wrongful death case after losing a loved one.
After all, you're going to have some unexpected bills to face after your family member's death. They often include funeral costs, medical bills, and lost wages if you were a spouse or dependent child who relied on the victim's income. You shouldn't have to worry about paying these major costs alone while you grieve, which is why a wrongful death lawsuit may be the right move for you.
As you consider initiating a wrongful death lawsuit, note that you can file this type of case only if you're the spouse, heir, or designated beneficiary of the victim. One exception is that the parents of the victim can file if he or she left behind no spouse, child, or beneficiary.
Also note that in Colorado, the economic damages are not capped in this type of lawsuit unless the victim left behind no spouse, minor children, or dependent parent. If this is the case, there's a cap of $250,000 for economic damages. Additionally, the cap for non-economic damages is $250,000 or up to $500,000 if you can prove a higher amount is necessary.
If you're thinking about filing a wrongful death case in Colorado, it's time to talk to a Denver accident attorney who can help. Contact a lawyer with experience taking on cases involving pedestrian accidents today!