Making a Claim for a Fatal Pedestrian Accident

Every day seems to bring a new story of a pedestrian killed in a motor vehicle crash. Fatal pedestrian accidents have increased dramatically in recent years, leaving numerous families in Denver and throughout Colorado grief-stricken and demanding answers.

At Burg Simpson, we sympathize with those who have lost loved ones to careless drivers. We also feel it is important to inform people in this situation of their legal rights. Our Denver pedestrian accident lawyers can help you and your family pursue just compensation for all that you have lost.

For a FREE and confidential case evaluation, call 303-792-5595 today. Burg Simpson represents clients in fatal pedestrian accident claims in Denver, Englewood, and throughout Colorado.

Pedestrians Deaths on the Rise in Colorado

For a long time now, Colorado accident statistics have been trending in the wrong direction. According to CBS Colorado, pedestrian fatalities in Colorado have increased by 88% over the last decade. Pedestrian deaths in Denver alone have risen by 50% year over year, with 69 pedestrians killed in auto accidents so far in 2025.

These grim statistics do not convey the full scope of the tragedy that each death signifies. Every fatality may leave a spouse without their partner, a child without a parent, or – perhaps most devastating of all – a parent without a child.

CDOT and other organizations are trying to raise awareness for pedestrian safety in an effort to curb these deaths. In the meantime, drivers who injure and kill pedestrians need to be held accountable.

Common Causes of Fatal Pedestrian Accidents

Pedestrian accidents are often the result of negligence on the part of motorists. Actions and behaviors that may cause a driver not to see a pedestrian before it is too late include:

• Cell phone use and other forms of distracted driving
• Excess speed
• Driving under the influence
• Not yielding to pedestrians at crosswalks, as required by Colorado law
• Ignoring traffic signals and stop signs
• Failure to check surroundings before turning, backing up, etc.
• Reckless and aggressive driving

It is also important for pedestrians to use caution. Looking both ways, avoiding distractions, and not suddenly departing the curb are more than just sensible decisions; they can help avoid injury and even save lives.

Unfortunately, even the most careful pedestrian is not always able to avoid being struck by a vehicle. This is especially the case if the driver was negligent or reckless behind the wheel. Pedestrian accident attorneys can investigate promptly to determine what caused the crash, as well as identify the legal recourse available to victims or survivors.

How to File a Pedestrian Accident Claim in Colorado

Injured pedestrians can bring a personal injury claim against the driver who caused the accident. Damages for a fatal pedestrian accident may be pursued through a wrongful death claim.

The process of bringing a claim often starts with issuing a demand letter to the at-fault driver’s insurance company. Negotiations may result in a favorable settlement, or the insurer may refuse to accept liability. In the latter situation, it may be necessary to file a lawsuit.

A lawsuit for wrongful death will generally need to be filed with the district court in the judicial district where the accident took place. For example, if your loved one was killed in a pedestrian accident in Denver, the 2nd Judicial District in Denver County would have jurisdiction.

The lawsuit begins with a complaint submitted to the court. Complaints must:

• Identify the plaintiff(s) and the defendant
• Summarize the facts of the case, including the name of the decedent, the date and location of the accident/their death, and allegations of fault
• Describe the damages being sought by survivors, including the spouse, heirs, etc.

Legal complaints need to meet administrative requirements to be accepted by the court. That is why it is generally best to have a capable wrongful death attorney file the lawsuit on your behalf.

Who Can Make a Claim?

In Colorado, only certain individuals can sue for wrongful death based on their relation to the deceased and how much time has passed since the death.

• Year 1: The surviving spouse has the exclusive right to make a wrongful death claim in the first year after death. Heirs may be included in the suit, or the spouse may permit an heir or heirs to take legal action instead. As of 2025, surviving siblings may also bring claims under limited circumstances (see HB24-1472).
• Year 2: In the second year after death, the spouse, heirs, and/or a designated beneficiary can bring a claim. One or both parents may also join the lawsuit if the deceased was an unmarried minor or an unmarried adult with no descendants.

A fatal pedestrian accident lawyer in Denver can help you and your family take action after the loss of a loved one. This includes determining who has the right to make a claim under Colorado law.

Proving Liability for a Fatal Pedestrian Accident

You will need to present strong evidence against the driver of the vehicle. The deceased can no longer speak for themselves, but there are other ways to tell their story and seek justice on their behalf:

• Interviewing eyewitnesses
• Obtaining video footage of the accident (dashcams, surveillance cameras, etc.)
• Reviewing the crash report
• Inspecting the damage to the defendant’s vehicle
• Examining the scene for physical evidence such as skid marks, debris, etc.
• Reviewing the medical records, autopsy report, and death certificate
• Consulting expert witnesses to reconstruct the accident

Sadly, the at-fault driver does not always stay at the scene. The number of hit-and-run crashes in Colorado has risen significantly in recent years.

Prompt investigation is critical for identifying the defendant in a hit-and-run crash. If the driver cannot be identified, your attorney can explore additional options for pursuing compensation on your family’s behalf.

Can I Claim Compensation for a Fatal Pedestrian Accident?

The surviving spouse, heirs, parents, and siblings of the deceased may all be entitled to compensation in a pedestrian wrongful death claim. Potential damages you and your loved ones may be due include:

• Medical expenses prior to death
• Funeral and burial costs
• Loss of the decedent’s income
• The loss of household services
• Grief and emotional anguish
• Pain and suffering
• Loss of companionship

If you and your family are reeling from the death of a loved one in a pedestrian accident, you do not need to face these burdens alone. Financial compensation cannot bring a departed family member back, but a monetary settlement or trial award can help with the losses you are now facing.

How Long Do I Have to Make a Claim?

Several different time limits may apply to claims stemming from a fatal pedestrian accident. These include:

• Two years: Per the Colorado Revised Statutes (C.R.S.), this is the general statute of limitations for wrongful death claims in Colorado.
• Three years: This is the statute of limitations for claims of “bodily injury or property damage arising out of the use or operation of a motor vehicle” (see C.R.S. § 13-80-101).
• Four years: The statute of limitations is extended if the defendant commits vehicular manslaughter and, as part of the crime, leaves the scene of the accident (see C.R.S. § 13-80-102). In other words, survivors have additional time to make a claim if the victim died in a hit-and-run accident.

It can be difficult for families to know how much time they actually have to take legal action if their loved one died in a pedestrian accident with a motor vehicle. The best thing to do is seek legal guidance as soon as possible so you do not forfeit your right to make a claim.

Contact a Denver Fatal Pedestrian Accident Lawyer Today

Your departed loved one is so much more than a statistic in Colorado’s rising pedestrian death toll. Drivers who cause fatal accidents may face both civil liability and criminal charges. At Burg Simpson, we fight for full compensation on behalf of the victim’s surviving relatives.

Our team is made up of skilled negotiators and proven trial attorneys. These skills are vital for preparing successful wrongful death claims and securing the maximum settlement or award at trial.

For a FREE case evaluation, contact Burg Simpson today. Our pedestrian wrongful death attorneys serve clients throughout the metro area, including Downtown Denver, Cap Hill, Englewood, Lakewood, and Aurora, as well as other areas of Colorado.