Pedestrians hit by a car, whether on the road, crosswalk, or parking lot, sustain traumatic injuries, from broken bones to fractures, traumatic brain injuries, spinal cord injuries and more. Who is liable in pedestrian accidents – the driver or the pedestrian?
Pedestrian Accidents – Establishing Liability
A pedestrian accident lawyer can help you pursue financial recovery by:
- Filing an insurance claim against the driver and his insurance company
- Filing a personal injury lawsuit against the driver
Either way, you will need to prove that the driver was at fault for the accident, which means establishing the elements of negligence.
- The defendant owed the pedestrian a duty to exercise reasonable care
- The defendant breached the duty to exercise reasonable care, and
- The defendant’s breach caused the pedestrian’s injury
Your lawyer will gather and use any evidence from the accident to prove negligence, such as:
- Pictures of the accident scene, damages, and injuries
- Police report on the accident
- Medical records from treatment received for injuries
- Statements from witnesses at the scene
- Any bills or other paperwork demonstrating expenses related to the accident (i.e., medical bills, time missed from work to go to medical appointments, etc.)
Liability in Missouri
Missouri is a pure comparative fault state. That means that all parties in an accident can be held liable for damages based on how much each contributed to the accident. If the plaintiff (or you as the pedestrian) are partially responsible for the accident that caused your injuries, your damages will be reduced by your percentage of fault.
Pedestrians may be at least partially at fault when:
- Illegally crossing
Your personal injury attorney will help you understand how this might apply to your situation.
Questions? Call us at (877) 284-6600.
Missouri laws for pedestrians and motor vehicle drivers to know
There are rules of the road that must be followed when driving a car, riding a bicycle or walking. Some of these include:
- A pedestrian must not suddenly leave a curb and walk or run into the path of a vehicle that is so close that it’s impossible for the vehicle to stop. (RSMo § 300.375(2)).
- A pedestrian must yield to a vehicle unless the pedestrian is crossing the road at a marked crosswalk or at an intersection. (RSMo § 300.390).
- A pedestrian must not cross the road between adjacent intersections at which traffic control signals are in operation unless there’s a crosswalk. (RSMo § 300.395).
- A driver must exercise the highest degree of care to avoid colliding with a pedestrian. (RSMo § 300.410).
These and others can be found in Chapter 300 of the Revised Statutes of Missouri.
Pedestrian Safety Precautions
The CDC provides these safety precautions for pedestrians.
- Increase your visibility when walking at night by carrying a flashlight and wearing reflective clothing, such as reflective vests.
- Cross streets at a designated crosswalk or intersection whenever possible.
- Walk on a sidewalk or path instead of the road. Walk on the shoulder and facing traffic if a sidewalk or path is not available.
- Avoid using electronic devices like earbuds, which can cause distractions when you are walking.
- Avoid walking if you have been using alcohol or drugs, which can impair judgement and coordination.
Pedestrian Accidents – Statistics
- More than 7,000 pedestrians were killed on our roads in crashes involving a motor vehicle in 2020. That equates to approximately one death every 75 minutes.
- One in six people who died in crashes in 2020 were pedestrians.
- An estimated 104,000 emergency department visits of pedestrians treated for non-fatal crash-related injuries in 2020.
- In 2019, 6,590 people were killed in pedestrian accidents in the United States.
SERIOUSLY INJURED in a Pedestrian ACCIDENT?
Having an attorney who is your advocate can offer you peace of mind during your recovery. We have a successful track record of helping accident victims collect the compensation they deserve. Our attorneys can:
- Investigate the cause of your accident, gather evidence, and identify all responsible parties
- Document your damages to maximize the value of your personal injury claim
- File insurance claims and handle all communication with the insurance company
- Calculate the correct value of your injury claim
- Monitor all deadlines under the statutes of limitations
- File a personal injury lawsuit, if necessary
WHAT OUR CLIENTS ARE SAYING
CALL NASH & FRANCISKATO FOR A FREE NO-OBLIGATION CASE REVIEW
Have you or a loved one been seriously injured in a pedestrian-related accident in which you suffered serious injuries? Call the Kansas City-based law firm of Nash & Franciskato at (877) 284-6600.
One of our experienced staff will speak with you personally and will provide you with a free, no-obligation case evaluation.
START YOUR FREE CASE EVALUATION TODAY
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Editor’s Note: This post was originally published October 6, 202. It was reviewed on April 4, 2023 and updated for content and accuracy.