Walking is supposed to be one of the simplest and safest ways to get around, yet impaired drivers create serious danger for pedestrians. Without the protection of a vehicle, pedestrians often suffer catastrophic injuries when struck. Even at lower speeds, collisions can lead to lasting health issues, hospital stays, and overwhelming financial burdens.
At The Boyle Law Firm, we have represented Coloradans harmed by impaired drivers for nearly 25 years. We know how devastating these incidents can be, from immediate medical emergencies to long-term financial stress. This guide explains your rights, how medical bills are handled, and what steps to take if you are injured as a pedestrian in a drunk driving accident.
Who Pays Medical Bills After a Pedestrian Accident Caused by a Drunk Driver in Colorado?
Pedestrians frequently ask who will cover medical costs after an accident. In Colorado, several potential sources of payment for medical treatment and related expenses may apply. Understanding each can help you avoid financial strain during recovery.
The Drunk Driver’s Liability Insurance
The at-fault driver’s liability policy is usually the first source of compensation. Colorado requires drivers to carry minimum insurance, but those limits are often insufficient in serious pedestrian cases. Surgery, rehabilitation, or lifelong care can quickly exceed basic coverage, making additional recovery options critical.
Your Own Health Insurance
Your health insurance may cover treatment upfront even when the driver caused the accident. This ensures you receive the care you need without delay. Later, your insurer may pursue reimbursement from the drunk driver’s insurance through a process called subrogation.
Medical Payments Coverage (MedPay)
Colorado auto policies often include MedPay, which applies even if you were walking at the time of the accident. MedPay can help pay for hospital visits, ambulance services, and other immediate expenses. Unlike health insurance, MedPay usually does not require repayment if you later receive compensation from a settlement.
Uninsured or Underinsured Motorist Coverage
If the drunk driver has little or no insurance, your uninsured/underinsured motorist (UM/UIM) coverage may apply. UM/UIM policies can help bridge the gap, making it possible to recover compensation for medical bills and other damages that exceed the impaired driver’s limits.
Sorting through these coverage layers can be complex, especially if the case involves multiple insurers. A Colorado pedestrian accident lawyer can review policies, negotiate with carriers, and ensure medical providers are properly paid so you are not left responsible for the balance.
What to Do After Being Hit by a Drunk Driver While Walking
The aftermath of a pedestrian crash is overwhelming, but the steps you take can protect your health and legal rights.
Get Medical Care Immediately
Even if injuries are not apparent, seek medical treatment. Pedestrian accidents often cause hidden damage, such as internal bleeding or concussions. Prompt care safeguards your health and creates essential medical records.
Report the Crash to Police
Always notify law enforcement. Officers can investigate, test the driver for alcohol, and prepare a formal report. This document becomes important evidence in both criminal and civil cases.
Preserve Evidence
If you can, take photographs of the scene, your injuries, and the vehicle involved. Collect witness information if possible. If you cannot, ask someone else to help preserve this information.
Avoid Speaking to Insurance Adjusters Alone
Insurers may contact you quickly, sometimes before you have left the hospital. They may ask for statements or push you toward an early settlement—decline until you consult a lawyer who can protect your interests.
Consult a Pedestrian Accident Lawyer
One of the most important things you can do after being hit by a drunk driver while walking is to hire an experienced injury attorney. These cases involve multiple insurance policies, complex liability questions, and the potential for third-party claims against establishments that over-serve alcohol. An attorney can handle these issues while you focus on recovery.
What Is the Average Settlement for a Pedestrian Hit by a Drunk Driver?
There is no single “average” amount that applies to every pedestrian accident involving a drunk driver in Colorado. Settlement values are case-specific and depend on the unique facts of each situation.
Key factors include:
- Severity of injuries and long-term prognosis;
- Cost of medical care and rehabilitation;
- Whether injuries limit your ability to work now or in the future;
- Extent of pain, suffering, and lifestyle disruption;
- Available insurance policy limits; and
- Involvement of additional defendants, such as a bar that overserved the driver.
At The Boyle Law Firm, results for our clients have ranged from six-figure recoveries in motor vehicle cases to multimillion-dollar outcomes in product liability claims. These examples show how widely settlements can vary. The only way to estimate your claim’s value is through a personalized case review.
Can You Sue After a Pedestrian Accident Caused by a Drunk Driver?
Yes. In Colorado, pedestrians harmed by drunk drivers may pursue civil lawsuits to recover damages. These claims are separate from any criminal prosecution of the impaired driver. Victims may seek compensation for medical bills, lost income, and pain and suffering through a personal injury claim.
In some cases, additional liability may apply. Under Colorado’s dram shop law, bars, restaurants, or other establishments that serve alcohol to visibly intoxicated patrons can be held responsible. Including these third parties may increase the compensation available.
Drunk Driving Accident Statute of Limitations in Colorado
Colorado law sets deadlines for filing lawsuits. In most pedestrian accident cases, the statute of limitations is two years. For cases involving motor vehicles, including drunk driving crashes, the period extends to three years.
Failing to file within these time limits generally means losing the right to seek compensation. Because exceptions are rare, speaking with an attorney quickly helps protect your claim and preserves evidence.
Why Choose The Boyle Law Firm?
Pedestrian crashes caused by drunk drivers present unique challenges. They often involve catastrophic injuries, multiple insurers, and both criminal and civil proceedings. You need a lawyer who understands these complexities and has the experience to navigate them effectively.
The Boyle Law Firm provides:
- Nearly 25 years of personal injury litigation in Colorado;
- Insight gained from representing insurers early in our career;
- Proven results, including multimillion-dollar verdicts and settlements;
- Respected standing in the legal community, with recognition from Super Lawyers and Martindale-Hubbell; and
- Direct access to your attorney instead of being passed between staff.
Our combination of legal recognition and personal dedication ensures every client receives both strong advocacy and compassionate support.
Take the Next Step Toward Recovery
Being struck by a drunk driver while walking can leave you facing painful injuries and mounting expenses. Acting quickly to protect your rights can make the difference between financial instability and fair compensation.
At The Boyle Law Firm, we bring decades of experience and a commitment to treating every client with care. We are dedicated to helping injured pedestrians across Colorado recover physically, financially, and emotionally. Contact us today for a free consultation and learn how we can help you pursue the fair compensation you deserve.
