Pedestrian crashes have the ability to change lives in a split second. You’re walking down to the corner store or across the road one moment. You’re injured, devastated, and not sure what to do next. If you or someone you love hit while walking or crossing, don’t feel that you are alone. Pedestrian accidents happen more often than most people would have imagined, especially in major cities like Kansas City. This is where we inform you of your rights, what to do, and how a Kansas City Pedestrian Accident Lawyer can help you recover justice.
How Pedestrian Accidents Happen
Most drivers don’t know about pedestrian flow. This results in serious crashes. The following are the most frequent reasons:
- Speeding: Speeding drivers can’t stop.
- Distracted driving: Cell phones, food, or even music can be distracting.
- Failure to yield: Some drivers don’t slow down for people in crosswalks.
- Intoxicated or stoned driving: Intoxicated or stoned drivers don’t necessarily notice people.
- Bad visibility: Driving at night, driving in rain, or driving in fog is dangerous.
Sometimes streets are part of the problem too. Insufficient lighting, broken walks, or deficient signs can contribute to the problem.
What Types of Injuries Can Pedestrians Have?
Individuals have no protection when they get hit by a vehicle. Even a minor crash will harm.
A few typical injuries are:
- Fractured bones
- Head trauma
- Brain damage
- Spinal cord trauma
- Internal bleeding
- Road rash or lacerations
Some injuries take weeks to heal. Others will last for life.
What To Do If You Are Injured By A Car While You’re A Pedestrian
The few minutes following a crash are disorienting. Here’s what to do if you can:
- Call 911: Dial the police and an ambulance.
- Get medical assistance: Visit the emergency room. Even if you’re okay, you might be injured.
- Take photos: Take photos of where it happened, your injuries, and the car involved.
- Document the driver: Obtain the driver’s name, license plate number, and insurance.
- Interview witnesses: Obtain the names and phone numbers.
- Don’t talk about insurance yet: Let a lawyer counsel you first.
Missouri Law That Gives Power to Pedestrians
Missouri law provides pedestrian citizens with a right to safety. Significant laws are:
- Crosswalk laws: Drivers must stop when people are in marked or unmarked crosswalks.
- Right-of-way: When a person is halfway across a crosswalk, cars must stop.
- School areas: Speed restrictions are reduced and drivers must be even more alert.
- Sidewalks: Vehicles must stay off the sidewalks. No exceptions.
A driver who violates these guidelines and harms a pedestrian may be held responsible.
Who Is At Fault for a Pedestrian Collision?
Fault is determined by whatever party was responsible for the collision. Most of the time it’s the driver. But sometimes both parties are to blame. Missouri follows “pure comparative fault.” That is,
- You are still eligible to be compensated even when you were partly responsible.
- Your settlement is deducted by your portion of fault.
Let’s say that you’re 20% at fault and you’re valued at $100,000. You get paid $80,000. A lawyer can help you with the legal process to determine who was really responsible and what you’re owed.
Why Do You Need to Hire a Kansas City Injury Lawyer?
You don’t have to do this alone. A pedestrian accident attorney in Kansas City is knowledgeable about Missouri law, court procedures, and negotiating with stubborn insurance companies.
What a Kansas City pedestrian accident attorney does:
- Gathers police reports, videos, and medical records
- Communicates with doctors about your injuries
- Locates witnesses and expert resources
- Negotiates with the insurance adjusters
- Fights for cash so you can heal
Most personal injury lawyers don’t charge unless they win. No out-of-pocket expense and no risk on your part.
What You Can Be Paid For
You can be paid for:
- Previous and future medical expenses
- Lost income for missing work
- Pain and suffering
- Disability or long-term care
- Mental counseling
- Travel to doctors or to rehab
In some situations, courts award punitive damages. This is when the driver was cruel or behaved in a way that hurt someone on purpose. A lawyer informs you of what is right and fights to obtain it for you.
How Much Time Do You Have to File a Case?
You have approximately 5 years from when you got hurt until you can file in Missouri. That is a long time. But waiting hurts your case.
Here’s why it pays to act fast:
- Evidence comes and goes or is lost
- Witnesses move away or forget
- Insurance companies try to spin facts
The sooner you call an attorney, the better your case can be.
How Kansas City Distinguishes Itself
Kansas City has congested streets with traffic, lots of crosswalks, and foot traffic. It has its share of pedestrian accidents as well.
Some are riskier than others. They include:
- Downtown intersections
- School zones and school bus stops
- Interstate with no pedestrian walkway
Local injury lawyers know which areas those are and how to build a case based on city data and road design flaws.
What If an Elder or Child is Hurt?
Elders and children are regularly hit when walking. They will be less likely to be as awake or as fast. Missouri law provides them extra protection. Judges are more flexible with drivers who hurt the vulnerable. Attorneys who represent such cases can help physicians, social workers, and families defend themselves.
Do Pedestrians Ever Lose?
Yes. Sometimes someone wanders out of the crosswalk or runs out into traffic. But that does not always equate to losing the case. Even if you were responsible, you can possibly receive money nonetheless. A good lawyer can go over all the details and advise you of the possibilities. Never assume until you speak with someone who knows the law.
What Kansas City Injury Lawyers Do to Help You Move On
Healing is a long process. Bills accumulate. You’re losing time at work or left with ongoing care.
Kansas City injury attorneys step in to:
- Protect your rights
- Explain each step in plain language
- Manage the paperwork
- Negotiate maximum, equitable compensation
- Give peace of mind
It is their responsibility to deal with the law and yours to cure.
Most Common Questions Regarding Pedestrian Accidents in Missouri
1. What if the driver took off after he struck me?
That would constitute a hit-and-run. Call the police immediately. An attorney can assist you in locating the driver or seeking reimbursement from other sources such as your own insurance.
2. Can I sue if I was not walking in the crosswalk?
Yes. While being in the crosswalk is in your favor, drivers must beware of all pedestrians. You may still prevail.
3. Will my case be tried?
Most won’t. Many are resolved outside of court. But if it must be done, your attorney will represent you in trial.
4. If I can’t afford an attorney?
Most personal injury attorneys operate under the “no win, no fee” model. That is, you don’t pay if they lose your case.
5. How long will it take in my case?
Depends. Simple cases a few months. Hard ones, longer. Your attorney will let you know and try his best to get it going.
Ready to speak with an attorney
You don’t need to go through all this alone. A skilled Kansas City personal injury lawyer can answer your questions, map your rights, and help you get the assistance you deserve.
Call a local group of attorneys today for a free consultation. No hassle. Straightforward assistance when you need it most.