Pedestrians walking in Kansas City should be as it ought to be, safe. Traffic signals, sidewalks, and crosswalks are all designed so that pedestrians will be safe. But when those operating the cars behind them are not heeding the law, speeding, or driving under the influence, then there are car crashes. When a pedestrian is struck by a car, things are generally worse. Victims endure harm, medical expenses, and extended recuperation time. Victims and families receive directions on how to act in the event of an accident per Missouri law. This brochure addresses law concerning Missouri pedestrian accidents, what to do if a victim is struck, and how legal aid can assist.
Why Pedestrian Accidents Are Such a Big Deal
Pedestrians are completely at the mercy of traffic. A vehicle weighs a few thousand pounds. Low-speed collisions can inflict serious damage. Common injuries incurred are:
- Fractured bones.
- Head and brain injury.
- Spinal cord injury.
- Cuts, bruises, and internal hemorrhage.
Kansas City experiences a great deal of pedestrian accidents every year. Very busy places like Westport, Downtown, and school areas are very dangerous. Children and elderly are the most affected because they walk slower and will not be able to react fast enough.
Missouri Laws that Help to Protect Pedestrians
Missouri law grants pedestrians a small amount of respect:
- Pedestrians are entitled to be yield-ed to when they have arrived at crosswalks.
- Vehicles are engineered to slow down for people who walk through crosswalks where “walk” signals are indicated.
- You are not supposed to pass a car that is stopped in order to pass a pedestrian.
- Extra care needs to be taken when passing school zones and residential areas.
A motorist who violates these regulations and injures someone is responsible for damages.
Pedestrian Responsibility according to Missouri Law
The pedestrian shares some responsibility under safety law as well:
- Cross at crosswalks if present.
- Comply with traffic signals and pedestrian signals.
- Never enter the road suddenly from between parked vehicles.
- Do not walk on roads or hazardous roads.
If the pedestrian is at fault in these respects, fault would be comparative. Missouri is a state of comparative fault. If a pedestrian is comparatively at fault, his injury by that percentage is reduced. For example, if damages are $100,000 and the pedestrian is 30% at fault, recovery would be $70,000.
Causes of Pedestrian Crashes in Kansas City
Most pedestrian crashes are due to driver negligence. The most common causes are:
- Distracted driving: Texting, eating, or map-reading.
- Failure to yield: Drivers who disregard crosswalks or stop signs.
- Speeding: Slower reaction time when driving faster.
- Drinking and drugged driving: Slows response time and reasoning.
- Poor visibility: Driving in darkness, bad weather, or light.
Urban planning comes into play too. There are some sub-divisions where there are no sidewalks, and crosswalks may not be marked. These are included in hazard.
What To Do If You’ve Been Hit By A Car
If you are a pedestrian and you were hit by a car, do the following:
- Call 911 immediately. Report the crash and ask for medical assistance.
- Get medical attention. Small injuries can develop into something worse later.
- Collect evidence. Get a photo of the crash scene, vehicle, and you as an injured victim.
- Collect information. Get driver information, insurance, and witness name.
- Don’t accept it too fast. Insurance company offers are usually too minimal.
- Call a lawyer. A Kansas City pedestrian accident lawyer can counsel and defend your rights.
Possible Compensation
Pedestrian accident victims can be compensated as follows:
- Medical expenses: Emergency care, surgery, and physiotherapy.
- Lost income: Missed paychecks due to recovery.
- Loss of earning capacity: When injuries cannot return to the same profession.
- Pain and suffering: Physical torment and emotional trauma.
- Wrongful death settlements: For loved ones who lost a family member.
The value of a claim depends on the severity of injuries, medical needs, and degree of fault.
How Missouri’s Comparative Fault Rule Affects Claims
Missouri’s comparative fault system is key in pedestrian accident cases. This rule divides responsibility between the driver and the pedestrian.
- If the driver is 100% at fault, the pedestrian gets full damages.
- If the pedestrian is relatively at fault, damages are minimized.
- Even in situations where the pedestrian is relatively at fault, they are able to recover partial damages.
It becomes critical to secure hard evidence that validates driver fault.
Why a Lawyer is Worth It in Pedestrian Accident Claims
Insurance companies will blame the pedestrian or minimize injuries. Your voice will be heard by a lawyer.
A Kansas City pedestrian accident lawyer can:
- Investigate the accident.
- Get police reports, witness statements, and video.
- Work with doctors to determine the cost of injuries.
- Negotiate with insurance adjusters.
- Litigate if need be.
Missouri has five years to file an injury claim. Early action will allow good evidence to be obtained.
What Families Should Know in Pedestrian Fatal Accidents
Unfortunately, pedestrian accidents tend to result in fatalities. Missouri legislation gives the victim’s immediate family members the choice of bringing a wrongful death action under such circumstances. Damages under such circumstances include:
- Funeral and burial costs.
- Lost wages on behalf of the victim.
- Loss of companionship and care.
- Suffering and pain of the victim prior to death.
Wrongful death is a complicated case. The family is guided by legal practice representation throughout this traumatic experience.
Frequently Asked Questions
- How long do I have to make a claim for a pedestrian accident in Missouri?
Five years from the date of occurrence. Too much time is an obstacle to recovery.
- I was jaywalking and got hit. What if that had happened?
You can still recover damages with comparative fault. Your recovery can be diminished, but not extinguished.
- Am I qualified for compensation if the driver left the scene?
Yes. Hit-and-run crashes may be coupled with crime victim funds or uninsured motorist benefits. An attorney can provide assistance.
- Do I require an attorney for minor pedestrian accidents?
Even on small claims, insurance providers may compensate less. An attorney guarantees equal treatment.
- How much does it cost to retain a Kansas City pedestrian injury attorney?
They work on contingency most of the time. You don’t pay them anything up front. They don’t get paid unless you get a settlement.
Closing Thoughts
Kansas City pedestrian accidents cause long-term issues. Victims suffer extended hospitalization, disabling recovery, and loss. Missouri law is a pedestrian’s best friend, but insurance companies and drivers simply won’t stop denying claims. With knowledge of the law, swift action after an accident, and teamwork with a capable lawyer, victims are able to safeguard their health, their rights, and their future. If you or your loved one were hit by a vehicle, wait no longer. Seek medical care, take pictures of evidence, and seek counsel from an experienced Kansas City personal injury attorney immediately.