In Colorado, a driver must yield to a pedestrian in a crosswalk, slowing or stopping if needed, when the pedestrian is on the driver's half of the road or close enough from the other half to be in danger (C.R.S. § 42-4-802(1)). Every driver must also “exercise due care to avoid colliding with any pedestrian,” crosswalk or not (C.R.S. § 42-4-807). If you share some blame, you can still recover as long as your fault is less than the driver's (C.R.S. § 13-21-111).

Who has the right of way at a Colorado crosswalk?

  1. 1. No signal, or a signal that's out: drivers must yield to a pedestrian in the crosswalk (C.R.S. § 42-4-802(1)).
  2. 2. Steady WALK: pedestrians may cross, and all drivers must yield to them (§ 42-4-802(5)(a)).
  3. 3. Flashing DON'T WALK: don't start crossing, but anyone already partway across may finish, and drivers must yield (§ 42-4-802(5)(c)).
  4. 4. Steady DON'T WALK: pedestrians must not enter the road (§ 42-4-802(5)(b)).
  5. 5. A car stopped for a pedestrian: drivers behind it must not pass it (§ 42-4-802(4)).
  6. 6. Outside a crosswalk: the pedestrian must yield to cars (§ 42-4-803(1)).

Crossing Main Avenue on a busy Saturday, or walking College Drive after dark, you're trusting every driver to follow those rules. When one doesn't, the first questions are always the same. Who's at fault? Is there video? And how do I prove what really happened? This guide answers all three, with the medical side most crash guides skip.

What if I was hit outside a crosswalk?

Crossing outside a crosswalk shifts some duty to you, but it doesn't erase the driver's duty. Colorado recognizes unmarked crosswalks at intersections, even where the paint has faded or was never there. Outside those spots, the pedestrian must yield to cars (C.R.S. § 42-4-803(1)). Between two working traffic signals, you may cross only in a marked crosswalk (§ 42-4-803(3)). Even then, § 42-4-807 still requires the driver to use due care, sound the horn when needed, and take extra care around children and anyone who looks confused.

A mid-block crossing tends to raise your share of the fault. It doesn't settle the case. A speeding or texting driver, a blocked sidewalk that forced you into the road, or a person who was nearly across and clearly visible can all keep your share below the 50% line.

How does Colorado's 50% rule work for pedestrians?

Under C.R.S. § 13-21-111, a jury assigns each side a percentage of fault. Your award drops by your share. If your share equals or exceeds the driver's, you recover nothing. Say a jury finds $80,000 in damages and puts 30% of the blame on you for crossing mid-block. You would recover $56,000. At 50%, you'd get $0. In these cases insurers push hard to pin 50% on the person on foot, pointing to dark clothes, a phone, or the crossing spot.

Where can I find video of a pedestrian crash in Durango?

Video is the closest thing to a neutral witness, and it disappears fast. Look for it in five places:

  • Storefront and gas station cameras aimed at the sidewalk or the corner.
  • Doorbell and home cameras on nearby houses.
  • Bus and city cameras. Public records requests can reach them, but timing is tight.
  • Dashcams, yours or a passing driver's.
  • Car data and phone apps that log speed, braking, and location.

Be specific when you ask. Give the exact corner, the direction of travel, and a tight time window, like 6:20 to 6:45 p.m. Then ask the owner to save the file while your request is pending. A lawyer can follow up with a preservation letter the same day.

Video tells us how the crash happened. The chart tells us what it did to your body. Pedestrian injuries often don't show their full shape on day one, so I want a same-day exam and a symptom log running from the start.

How do I prove my injuries after being hit by a car?

Proof of injury is built the same way proof of fault is: early and in detail. Pedestrians hit by cars face everything from fractures and torn ligaments to brain injuries and deep cuts. MedlinePlus notes that head injury symptoms can develop slowly over hours or days (MedlinePlus: Head injury, first aid). So a strong record includes:

  1. 1. A same-day exam that names the crash as the cause.
  2. 2. A daily log of headaches, dizziness, sleep, and pain.
  3. 3. Objective findings: range of motion, balance tests, nerve signs, imaging when ordered.
  4. 4. Work limits in writing: how long you can stand, sit, lift, or look at a screen.
  5. 5. Referrals that fit the injury, such as orthopedics, neurology, or therapy.

What does a careless-driving ticket mean for my claim?

Colorado treats pedestrians as “vulnerable road users.” A driver whose careless driving causes serious bodily injury to one commits a class 1 traffic misdemeanor under C.R.S. § 42-4-1402.5, which can bring a license suspension and restitution. A ticket doesn't win your civil case by itself. It is strong evidence that the driver failed to use due care, though, and a failure-to-yield citation under § 42-4-802 works the same way.

What do insurers argue in crosswalk cases, and how do you answer?

  • “You weren't in the crosswalk yet.” Stills from video and curb-ramp position can show where your feet were.
  • “You crossed against the signal.” Timestamps from several cameras can be matched to the signal timing.
  • “You were wearing dark clothes.” Drivers still owe due care, and lighting and headlight aim matter.
  • “You were jaywalking.” That raises your share, but it doesn't excuse speeding or texting.
  • “Your injuries came from something else.” The impact direction and early exam findings answer that.

How long do I have to file a pedestrian injury claim in Colorado?

When a car hits a pedestrian, the claim arises from the use of a motor vehicle, so Colorado generally allows three years (C.R.S. § 13-80-101(1)(n)). If a city bus, a county truck, or another public vehicle hit you, a written notice is due within 182 days of discovering the injury (C.R.S. § 24-10-109). Video usually disappears long before either deadline.

Key takeaway: Colorado drivers must yield in crosswalks and use due care everywhere. Save video the same day, get a same-day exam, and don't guess about your own speed or the signal when an adjuster calls.

Hit while walking in Durango or anywhere in the Four Corners? Bring the crash report, your photos, your insurance cards. Our pedestrian accident practice maps a plan to find footage, preserve it, and build the medical record — starting with a free consultation from a Durango personal injury attorney.