A stroll down Missouri sidewalks should be safe. But every day, drivers ignore crosswalks and hit pedestrians. If you were hurt in a pedestrian accident, you can compel the driver to pay. Missouri law protects your right to recover compensation for your injury, suffering, and costs.
An affordable and skilled Kansas City Pedestrian Accident Lawyer who has worked on cases such as yours can inform you further about this. Your rights, what you need to do, and how having an attorney will help you achieve positive results are all detailed on this page.
Missouri Pedestrian Accident Laws That You Should Know
When a car hits a pedestrian, the pedestrian may get severely injured. Drivers in Missouri are mandated by law to yield to a pedestrian crossing within crosswalks. Drivers must also take note of pedestrians in driveways, parking lots, and road shoulders.
If the driver breaks these laws and harms a person, he or she is liable. That is, you can sue you. You can recover for medical bills, lost wages from work, and other damage.
Some of the important Missouri laws are:
- Right of Way: Drivers must yield to a pedestrian in a road crossing.
- Due Care: Drivers have to attempt not to hit a pedestrian, even outside a crosswalk.
- Sidewalk Travel: Walk along sidewalks when they are provided. Else, pedestrians have to walk on the left side of the road facing traffic.
- Jaywalking: Crosswalk walking is risky. But motorists have to look and slow down as well.
Missouri is a comparative fault state. What that signifies is if you are at fault in some measure, your money judgment will be reduced by your percentage of fault. For example, if you were 20% at fault, your damages are diminished 20%.
Why You Should Bring a Pedestrian Lawsuit
Medical bills are expensive for the majority of people after an accident. You could miss a few weeks or months of wages. Anxiety and pain can linger long after the accident is over.
Through a lawsuit, you can sue for cash to cover:
- Hospitalization and treatment
- Physical therapy
- Lost wages
- Follow-up medical care
- Pain and suffering
- Emotional distress
Suing also makes irresponsible drivers accountable. It can discourage them from hurting someone else in the future.
What to Do If You’ve Been Involved in a Pedestrian Accident
If you were hit, do the following immediately:
Seek Medical Attention
Even if you are fine, seek medical care. Some injuries take days to emerge.
Call the Police
Report the accident. A police report is proof of what happened.
Document Evidence
If it is safe to do so, document pictures of the scene, your injuries, and the car. Document the witness names.
Do Not Talk to Insurance Only
Insurance companies want to pay you less. Let the lawyer handle phone calls and paperwork.
Talk to a Kansas City Pedestrian Accident Lawyer
The lawyer will guide you through the whole thing. They will fight for fair compensation.
What a Kansas City Lawyer Can Do for You
An experienced attorney brings expertise and experience to your case. Here’s what they do:
Case Review
They listen to what happened and examine the evidence.
Value Your Claim
They decide your claim’s value. That’s future and past costs.
Handle Insurance
They negotiate and deal with insurance companies for you.
Assemble Your Case
They get records, witness accounts, and expert opinions.
Pursue a Trial if Necessary
Your lawyer can sue, help in the legal process and fight your case to a jury if the insurance company will not accept a fair settlement.
You don’t have to do it by yourself. An attorney can make it a whole lot easier.
Common Injuries in Missouri Pedestrian Accidents
The pedestrian is exposed, so the injuries are bad. Some of the common ones are:
- Broken bones
- Head trauma
- Neck and back trauma
- Cuts and bruises
- Internal trauma
In the worst case scenario, accidents leave you disabled forever or dead. Your claim must really tell how the accident really did impact your life.
How Long Do You Have to File?
Missouri law has a time limit on the case of pedestrian accidents. You only have five years from the time of the accident to make a case. It is also referred to as the statute of limitations. When your loved one died, you have three years from the date it occurred on which you must file a wrongful death case. If you wait, you will lose the right to pursue compensation.
What if You Were Partially Responsible?
Unless you were drunk-driving or clearly negligent, even if you jaywalked in the street or checked your phone, you can recover. Missouri’s comparative fault law reduces your recovery but does not prevent your filing a case.
For example, if your damages amount to $100,000 and you are 25% at fault, you recover $75,000. Your attorney can place fault on the most negligent driver.
Why Do I Need a Kansas City Lawyer?
Kansas City lawyers understand Missouri courts and Missouri law. They have fought cases for many pedestrians and are familiar with what evidence will count. They understand doctors and experts who will confirm your case. An experienced Kansas City personal injury lawyer represents you and fights for the best result.
What Will It Cost?
Most Kansas City pedestrian accident lawyers work on contingency fees. This means:
- You don’t pay a dime initially.
- Your lawyer only gets paid if you receive a settlement.
- They get a portion of your recovery.
This enables you to focus on your recovery while your lawyer takes care of your claim.
Tips to Help You Save Your Rights
The following are simple things you can do:
- Keep all medical bills and receipts.
- Save a duplicate of the police report.
- Document as much as you can about the accident.
- Follow your doctor’s instructions.
- Don’t put anything on social media.
- Consult an attorney before signing for an insurance company.
When to Call a Lawyer
Contact them as quickly as possible following the accident. Early reporting gives your lawyer an opportunity to obtain good evidence. It also discourages insurance providers from trying to take advantage of you.
Frequently Asked Questions About Missouri Pedestrian Lawsuits
1. Do I still have a claim if I was jaywalking?
Yes. Missouri does allow recovery if you became lost from a crosswalk. Your fault will reduce your recovery but will not eliminate your claim.
2. What if the driver hit and ran?
If the driver hit and ran, call the police. Your lawyer can find the driver or make a claim under your policy if needed.
3. How long does it take for a pedestrian lawsuit
It does. Some settle in a few months. Others will take more than a year if they even go to trial. Your lawyer will keep you up-to-date at all times.
4. What are the types of damages I can collect?
You can recover money for medical bills, lost income, pain and suffering, and any future treatment you might need. You can also recover punitive damages if the driver was negligent.
5. Will I have to go to court?
- Most cases settle short of trial. If the insurance company is not going to offer a fair settlement, then your attorney will more than likely suggest that the case be tried. You won’t have to do it yourself.
