Colorado Wrongful Death: How to File After a Fatal Pedestrian Accident

Colorado Wrongful Death: How to File After a Fatal Pedestrian Accident

The heartbreaking reality is that pedestrian fatalities are on the rise in Colorado. In 2023, pedestrian deaths accounted for 19% of all traffic fatalities in Colorado. When a pedestrian is killed due to the negligence of another, a wrongful death claim can provide a path to justice and financial recovery for the victim’s family. This guide explains how to file a wrongful death claim in Colorado after a fatal pedestrian accident.

Understanding Wrongful Death Claims in Colorado

A wrongful death claim arises when someone dies due to another party’s wrongful act or negligence. In the context of a pedestrian accident, this could involve suing the at-fault driver, the vehicle’s owner, or even government entities responsible for road maintenance. Negligence can take many forms, including:

  • Distracted driving (e.g., cell phone use)
  • Speeding
  • Driving under the influence of alcohol or drugs
  • Failure to yield to pedestrians in crosswalks
  • Ignoring traffic signals and stop signs
  • Failure to check surroundings before turning or backing up

Who Can File a Wrongful Death Claim?

Colorado law has a tiered system that dictates who can file a wrongful death lawsuit and when.

  • Year 1: The surviving spouse has the exclusive right to file a wrongful death claim within the first year following the death. They can choose to include heirs (children, etc.) in the suit or permit them to take legal action instead.
  • Year 2: In the second year after the death, the spouse, heirs, and/or a designated beneficiary can bring a claim. If there is no surviving spouse or children, the deceased’s parents may initiate the claim.

Time Limits: Statute of Limitations

It’s crucial to be aware of the statute of limitations, which sets a strict deadline for filing a wrongful death claim. In Colorado, the general statute of limitations is two years from the date of death. However, there are exceptions:

  • Motor Vehicle Accidents: If the death resulted from a motor vehicle accident, the statute of limitations is three years from the date of death.
  • Vehicular Homicide: If the at-fault driver is convicted of vehicular homicide and leaving the scene of the accident, the statute of limitations may be extended to four years.

Missing the filing deadline means losing the right to pursue compensation, regardless of the strength of your case.

Steps to Filing a Wrongful Death Claim After a Pedestrian Accident

  1. Consult with an Attorney: Contact a Colorado wrongful death attorney as soon as possible. An attorney can evaluate your case, explain your rights, and guide you through the legal process.
  2. Investigate the Accident: Gather as much information as possible about the accident. This may include:
    • Police reports
    • Witness statements
    • Photos and videos of the scene
    • Medical records and autopsy report
  3. Determine Liability: Establish who was at fault for the accident. This requires proving that the responsible party’s negligence directly caused the pedestrian’s death.
  4. Identify All Potential Parties: In addition to the driver, other parties may be liable, such as the vehicle owner or a government entity responsible for unsafe road conditions.
  5. Calculate Damages: Determine the full extent of the damages suffered by the surviving family members. This includes both economic and non-economic losses.
  6. File a Complaint: Initiate a lawsuit by filing a complaint in the appropriate Colorado district court. The complaint must:
    • Identify the plaintiff(s) and the defendant(s).
    • Summarize the facts of the case, including the date and location of the accident and allegations of fault.
    • Describe the damages being sought by the survivors.
  7. Negotiate a Settlement or Proceed to Trial: Attempt to negotiate a settlement with the insurance company or the at-fault party. If a fair settlement cannot be reached, the case may proceed to trial.

Damages Recoverable in a Colorado Wrongful Death Claim

In a successful wrongful death claim, surviving family members can recover various damages, including:

  • Economic Damages:
    • Lost wages and benefits the deceased would have earned
    • Medical expenses incurred before death
    • Funeral and burial costs
    • Loss of inheritance
  • Non-Economic Damages:
    • Grief and emotional anguish
    • Loss of companionship, comfort, and guidance
    • Pain and suffering

Important Note: Colorado law has caps on non-economic damages in wrongful death cases. For deaths occurring on or after January 1, 2025, the cap is \$2,125,000, with adjustments for inflation every two years, starting in 2028.

  • Punitive Damages: In cases where the at-fault party’s actions were particularly reckless or malicious (e.g., driving under the influence), punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

The Importance of Legal Representation

Filing a wrongful death claim can be a complex and emotionally draining process. A skilled Colorado wrongful death attorney can:

  • Investigate the accident thoroughly
  • Gather and preserve crucial evidence
  • Negotiate with insurance companies
  • Represent the family’s best interests in court
  • Ensure all legal deadlines are met

Seeking Justice and Accountability

Losing a loved one in a pedestrian accident is a devastating experience. While no amount of money can ever replace a life, a wrongful death claim can provide a measure of justice and closure for the surviving family. It holds the responsible party accountable for their negligence and helps families secure the financial resources they need to rebuild their lives. If you have lost a loved one in a pedestrian accident in Colorado, consulting with an experienced attorney is essential to understand your rights and explore your legal options.