Practice Area

Pedestrian Accident
Lawyer in Colorado


Hit by a car while walking? Colorado law gives pedestrians strong protection, and your own auto policy may help pay even though you weren’t in a car. You pay nothing unless we recover.

Home / Personal Injury / Pedestrian Accidents

Denver & Colorado Springs Pedestrian Accident Lawyers Who Handle Your Case Personally

When you hire Smith & Weidinger, you work with the lawyer handling your case, not a call center. Founding partner Matthew A. Weidinger focuses on serious-injury cases with complex liability and damages. Before co-founding the firm, he worked at large and small personal injury firms in Denver and Colorado Springs and served as a Deputy District Attorney in Mesa County.

We handle pedestrian claims from our offices in Denver (1040 S. Gaylord St.) and Colorado Springs (415 N. Tejon St.), and the need is real in both cities. According to CDOT, 127 pedestrians were killed on Colorado roads in 2025, and more than 70% of pedestrian deaths happen after dark. From 2020 through 2025, Denver County had more pedestrian deaths than any other county, and El Paso County ranked third.

Colorado crosswalk law: who has the right of way?

Colorado’s traffic laws put the burden on drivers to watch for people on foot.

Who pays when a pedestrian is hit?

The driver’s liability insurance is usually the main source, but Colorado’s minimum is only $25,000 per person. Your own auto policy may help: uninsured/underinsured motorist (UM/UIM) coverage is included unless you rejected it in writing, and depending on the policy language it may apply when an uninsured, underinsured, or hit-and-run driver hits you on foot. MedPay may also help with medical bills. Health insurance and Medicare may pay first and then seek repayment from your settlement, and we negotiate those claims.

If a government vehicle hit you, like a city truck or an RTD bus, or a road or sidewalk defect played a role, the Colorado Governmental Immunity Act applies. It requires written notice within 182 days, and road and sidewalk claims are much narrower than vehicle claims. Most other pedestrian injury lawsuits must be filed within three years.

Colorado personal injury

Hit by a car while walking?
Talk to a lawyer
about every policy that may pay.

Many people don’t know their own auto insurance can cover them on foot. Get a free consultation with a Colorado injury attorney. Not a screener.

No fee unless we recover

You pay nothing upfront.

Direct attorney access

Not a call center.

Your personal injury attorney
Founding Partner
Personal Injury Attorney
Car accidents

Serious-injury crashes and the insurance claims that follow.

Semi truck accidents

Commercial trucking crashes with complex liability.

Slip and fall

Injuries caused by dangerous property conditions.

Former Deputy District Attorney in Mesa County. Before co-founding the firm, he worked at large and small personal injury firms in Denver and Colorado Springs. J.D. from Penn State University and a bachelor’s degree from the University of Colorado Colorado Springs. Licensed in Colorado state and federal courts.

How we build pedestrian accident claims

Pedestrian cases turn on details: who had the walk signal, where you were crossing, and what the driver could see. Insurers comb through those details looking for ways to blame you, so we lock them down first.

Pedestrian injuries are also severe, and future care is where these claims are most often undervalued. We work with your doctors to understand what you’ll need before anything settles.

Every pedestrian claim is built from the same pieces:

The right of way

The crosswalk, the signal, the turn, and the statute that put the duty on the driver.

The video

Traffic, business, doorbell, and dash cameras. We request it before it's overwritten.

The driver's attention

Speed and braking data, phone records, and what the driver could have seen.

Every policy

The driver's coverage, your own UM/UIM and MedPay, and coverage held by someone in your household, depending on the policy.

Your future

Surgery, rehab, home help, and work you may not be able to return to.

We look at all of it. Then we decide, with you, whether to settle or file suit.

How an injury claim works

Every case is different, but most follow this order. Where yours sits in it decides what can still be done.

Free consultation

You talk with a lawyer, not a screener. We explain your options, the deadlines that apply, and how our contingency fee works.

Treatment comes first

Get the care you need. We deal with the insurance companies and help coordinate MedPay, health insurance, and providers so your treatment doesn't stall.

Investigation

We collect the reports, photos, video, witness statements, and records, and we send preservation letters before evidence is lost.

The demand

Once your doctors have a clear picture of your recovery, we document your losses (medical bills, lost income, future care, and how the injury changed your life) and present the claim.

Negotiation

We negotiate with every insurer involved, and with the health plans and providers that want to be repaid, so more of the settlement stays with you.

Lawsuit or trial

If the insurer won't be fair, we file suit before the deadline and prepare the case for trial. Most cases settle, and that preparation is what gets them to a fair number.

Personal injury case results

Recent outcomes from our motor vehicle injury cases. None of these involved a pedestrian.

UNINSURED MOTORIST CLAIM

$500,000

Settlement for a client rear-ended at high speed by a distracted driver.

Denver County · 2022
AUTO INJURY

$350,000

Settlement for aggravation of neck and back injuries.

Weld County · 2022
RED-LIGHT CRASH

$100,000

Settlement for a client struck by a red-light runner who tried to blame our client.

El Paso County · 2021

Results depend on the specific facts and legal circumstances of each case. Prior results do not guarantee or predict a similar outcome.

What clients say

Unedited, from our Google profile.

They were very knowledgable and handled my case with the utmost care and professionalism. I had no idea how to handle the legal roads for the accident I was in. They took care of me and my wife. Highly recommended and would definitely use them again! Thank you Matthew and team!!
Brian Fischer
Google review
Matthew and his team were extremely thorough and helpful. We appreciated their responsiveness and attention to detail to ensure that we got the best outcome possible. I would absolutely work with them again in the future.
Emmett Carpenter
Google review
Matthew is an awesome lawyer. He has incredible communication skills and keeps you in the loop the entire time. I highly recommend him!
Melissa Rainbird
Google review

Reviews are published on Google by the people who wrote them. Past results do not guarantee a similar outcome.

Colorado Pedestrian Accident FAQs


These are the questions we hear most after someone is hit while walking. The answers below are general. Where it happened, what the driver did, and your coverage decide how they apply to you.

Often, yes. Outside a crosswalk you must yield to vehicles, but drivers still must use due care to avoid hitting you. If you’re found less than 50% at fault, you can recover, reduced by your share.

It may. Depending on your policy language, your UM/UIM coverage may apply if the driver was uninsured, underinsured, or fled, and your MedPay may help with medical bills. We’ll review your policy at no cost.

You may still have a claim. Drivers must use due care at every hour, and most pedestrian deaths in Colorado happen after dark. Lighting, speed, and vehicle data can show whether the driver should have seen you in time.

Usually, yes. Drivers backing up or pulling out must watch for people on foot, and a driver leaving a parking lot must yield to pedestrians on the sidewalk. Photos and store security video are especially important.

The driver’s employer, or its insurance, may also be responsible. If the vehicle belonged to a city, county, RTD, or another public entity, written notice is due within 182 days, so talk to a lawyer quickly.

Get medical care first, then report the crash to police. Colorado law requires drivers to take proper precaution when they see a child in the road. We can explain how a child’s claim works and help you protect it.