There are at least two regularly repeated phrases which are quoted as law, but actually are not the law anywhere.
The first is "possession is nine-tenths of the law." There is nothing in any statute or ordinance anywhere in our country where this is a legal standard. I am continuing to research this misstatement of the law, and will report my findings as to its origin in a future blog.
Another misstatement of the law is "pedestrians ALWAYS have the right-of-way." This is absolutely not the correct statement of the law, not in Colorado, or anywhere else for that matter. In fact, most of the auto/pedestrian cases our firm has taken required a substantial amount of investigation and attention in order make them winners. First, a pedestrian outside a crosswalk, never has the right-of-way. Pedestrians inside a crosswalk would have the right-of-way, but only if they properly entered the crosswalk legally on a "walk" signal. Most of the time those facts are difficult to prove. Vehicles hitting pedestrians tend to knock the pedestrian out of the crosswalk, and eye witness accounts of whether the "walk" or "don't walk" signal was illuminated are often either contradictory or nonexistent.
A victim of an auto/pedestrian accident should not assume that their old divorce attorney could handle this case. These cases are difficult, they require substantial investigation, and trial know-how. Additionally, EARLY investigation is key.
At Anderson, Hemmat & McQuinn, we are happy to talk to you about your case and will always provide a free consultation. These cases can be hard, but when they are properly handled by a trained professional, injury victims can achieve justice.