The year is off to a bad start in Denver – 3 traffic fatalities in 1 week
Denver, CO – One woman was killed after she was hit by a car at Third Avenue and Federal Boulevard. The incident, which took place early Sunday, January 8, was the third traffic-related death of 2023 and the second to claim the life of a pedestrian. The cause of the accident is still under investigation and Denver PD confirmed the driver had remained at the scene of the crash and was cooperating with the police. Three people killed in one week is quite a lot. At this rate, the number of traffic fatalities for this year could nearly double from last year when 82 people were killed in motor vehicle crashes.
What happens when a pedestrian is killed in a traffic accident?
If a pedestrian is killed following a collision, the driver will most likely face criminal charges. The family of the victim will certainly watch what happens to the guy as they’ll understandably want to see him behind bars.
However, the family of the victim should not waste too much time with the criminal trial and file their own civil lawsuit to recover damages. You must consult with an experienced Denver wrongful death lawyer as soon as possible as Colorado has strict rules on who and when can file this type of lawsuit.
The statute of limitations for this type of legal action is 2 years in Colorado. During the first year, it is the surviving spouse who can file a wrongful death lawsuit, while in the second year, the children or the parents of the victim are also allowed to sue.
You will absolutely need legal assistance in such a case as the driver will lawyer up right away and fight tooth and nail to stay out of jail.
The driver and his legal team will try to pin the blame on the victim. According to the law, the driver can escape criminal charges if the pedestrian was trying to cross the street in an unmarked area, dashed in front of the vehicle, or there was zero visibility in the area.
Types of damages you can recover in a wrongful death lawsuit
Under Colorado laws, the family of the victim can seek compensatory damages and, possibly, punitive damages.
Compensatory damages are of two types:
Economic damages include funeral and burial expenses, loss of economic support, loss of household services, as well as any medical expenses paid by the estate if the victim was taken to the hospital after the accident
Non-economic damages are meant to compensate the family for their emotional and mental suffering. These are intangible losses so you will need experienced lawyers to put a price on your suffering. You can seek damages for:
- Loss of companionship
- Loss of love and affection
- Loss of protection, care, or guidance (for the minor children of the deceased)
When can you get punitive damages following a car accident in Colorado?
According to the law, your lawyers will have to prove that the driver’s conduct was particularly reckless or outrageous. If the crash was caused by simple negligence you cannot get punitive damages. Punitive damages are typically awarded in drunk driving and hit-and-run accidents.
If someone you loved was recently killed in a car accident, you should contact an experienced wrongful death lawyer at the Bryan&Terrill law firm to see what sort of damages your family is entitled to.
333 W. Hampden Ave., #420B
Englewood, CO 80110
Source: Multiple pedestrian versus car crashes kills one, injures four others across Denver
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