When a vehicle hits a pedestrian, the force of impact can be catastrophic. Sadly, many victims do not survive, resulting in a wrongful death that leaves families in shock and grief. Pedestrian fatalities remain a serious issue throughout Colorado, especially in busy areas like Denver.
Denver has seen an alarming number of pedestrian fatalities in recent years, highlighting the dangers people face simply by walking the city streets. The Colorado Department of Transportation has identified pedestrian fatalities as one of the most urgent safety issues on our roads since the rise in death counts in 2018. Behind each statistic is more than just a number. It is a family suffering the unexpected loss of a loved one.
At Levine Law, our Denver pedestrian accident lawyers stand with the families during these difficult times, offering both guidance and legal support in the pursuit of justice for wrongful death.
Understanding Wrongful Death in Colorado After a Pedestrian Accident
The Colorado Department of Transportation has already recorded 24 pedestrian fatalities in Denver as of September 9, 2025, an alarming rise from the total of only 17 in 2024. At this rate, the numbers could surpass the nine-year high of 31 fatalities reported in 2023.
Under Colorado law, a wrongful death occurs when someone’s life is taken due to another party’s negligence, recklessness, or intentional actions. In pedestrian accidents, this often involves drivers who failed to follow traffic laws or exercise reasonable care. The law gives the surviving family members the right to pursue a wrongful death claim, which not only seeks financial compensation but also provides a way to hold negligent parties accountable.
It is also crucial to know that the law has its limitations on who can file a claim and when. Under Colorado Revised Statute 13-21-202, only the surviving spouse can bring a claim within the first year after death. In the second year, children may also file the claim; if no spouse or children exist, the right extends to the deceased parents or siblings. Families must act quickly, as Colorado generally allows only two years from the date of death to pursue a claim.
Because the time limits are strict, it’s critical to speak with an experienced wrongful death lawyer in Colorado as soon as possible. Beyond financial relief for medical costs, funeral expenses, and lost wages, filing a claim can bring emotional closure and justice for your loved one.
Damages Families Can Recover Under Colorado Wrongful Death Law
When a pedestrian wrongful death occurs in Denver due to someone’s negligence, Colorado law allows families to seek several types of damages to help cover the wide impact of their loss. These damages are divided primarily into:
Economic Damages
Economic damages include medical expenses from the moment of injury until the time of death, any lost income the deceased would have earned, funeral and burial costs, and other out-of-pocket expenses. Because they are financial losses with documentation and can be calculated, economic damages are generally not capped under Colorado law.
Non-Economic Damages
Non-economic damages are meant to compensate for losses that don’t have a monetary value but deeply affect families. These are pain, suffering, loss of companionship, emotional distress, and grief. Colorado places a cap on most non-economic damages in wrongful death cases and is currently set at $2.125 million for cases filed on or after January 1, 2025.
Punitive Damages
In Colorado, punitive damages may be awarded when the defendant’s conduct is proven to be reckless, willful, intentional, or grossly negligent. These damages are meant as punishment and deterrence, not simply compensation. They are only awarded in rare situations and require solid evidence and proof.
Steps to Take After a Wrongful Death in Colorado
The sudden loss of a loved one in a pedestrian accident is devastating, and grief makes it difficult to think about what comes next. While no legal action can undo such a tragedy, taking the right steps can protect your family’s rights and help you pursue justice and compensation.
1. Obtain Medical and Emergency Records
Whether the pedestrian passed away at the scene or in the hospital, medical records and emergency response reports are crucial evidence. These documents provide insight into the injuries sustained and help establish how the accident caused the wrongful death.
2. Gather Documentation of the Accident Scene
Make sure that the incident is officially reported to authorities. An official crash report will contain important details such as driver’s information, witness statements, and initial fault determinations, which can serve as a foundation for building your claim.
3. Gather Documentation of the Accident Scene
Preserve all the evidence you can find of the accident site. Photographs, surveillance footage, and personal notes about what happened can provide strong evidence to support claims of negligence and liability.
4. Preserve Financial and Personal Records
Keep paychecks, tax returns, and any documents that will show the deceased victim’s financial contribution to the household. These records are vital in calculating the lost income, which makes up the largest portion of compensation for wrongful death.
5. Consult an Experienced Wrongful Death Lawyer
Wrongful death claims often involve strict deadlines and complex legal standards. An experienced wrongful death lawyer can walk you through understanding Colorado law and lay out your best options in approaching this case. Speaking with an attorney as soon as possible ensures that your family will have enough time to file your claim properly.
Contact Our Denver Wrongful Accident Lawyer Today
Losing a loved one by wrongful death can be too emotionally draining for families, leaving them not in the right headspace even to handle the legal complexities of filing a claim. Our Denver pedestrian accident lawyers are here to handle every aspect of the legal process, from investigating the cause of the accident to pursuing full compensation for all the damages suffered from losing a family member.
Our team is available to answer your questions and explain your rights under Colorado law. Call Levine Law now for a free consultation and learn more about how we can fight for justice on behalf of your loved one.
Sources:
[1] Colorado Department of Transportation. (n.d.). Fatal crash data. https://www.codot.gov/safety/traffic-safety/data-analysis/fatal-crash-data
[2] Colorado Revised Statutes 13-21-201. Title 13: Courts and Court Procedure. https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.pdf
[4] Colorado Revised Statutes 13-21-202. Title 13: Courts and Court Procedure. https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.pdf
[3] Colorado General Assembly. HB 24-1472: Raise damage limit tort actions. https://leg.colorado.gov/bills/hb24-1472
