Pedestrian Accidents in Missouri: A Guide to Personal Injury Claims

Pedestrian accidents are a tragic reality on Missouri’s roads. Whether it’s a busy urban area like St. Louis or a more rural part of the state, pedestrians are at risk of being struck by vehicles. If you or someone you love has been involved in a pedestrian accident, it is crucial to understand your legal rights and how personal injury claims work in Missouri. This guide will provide insight into the steps you should take after an accident and how a personal injury claim can help you recover damages for medical bills, lost wages, and pain and suffering.

Common Causes of Pedestrian Accidents in Missouri

Pedestrian accidents can occur for a variety of reasons, but they are often caused by the negligence of drivers or pedestrians themselves. Some common causes include:

1. Driver Negligence

• Distracted Driving: Texting, talking on the phone, or using in-car entertainment systems can divert a driver’s attention from the road and result in a collision with a pedestrian.
• Speeding: Drivers who exceed the speed limit or drive too fast for road conditions have less time to react and may fail to stop in time to avoid hitting a pedestrian.
• Failure to Yield: At intersections or crosswalks, drivers are required to yield the right of way to pedestrians. Failing to do so can lead to devastating accidents.
• Driving Under the Influence (DUI): Alcohol and drugs impair a driver’s ability to judge distances, stop in time, or react quickly to changing traffic conditions.
  

    2. Pedestrian Negligence

• Jaywalking: Pedestrians crossing the street outside of designated crosswalks or against traffic signals may put themselves at risk of an accident.
• Inattentiveness: Pedestrians who are distracted by their phones or not paying attention to traffic conditions can unknowingly step into the path of an oncoming vehicle.
  

    3. Environmental Factors

• Poor Road Conditions: Potholes, wet roads, and poor street lighting can contribute to accidents, especially if a driver or pedestrian is not expecting these hazards.
• Weather: Rain, snow, or fog can reduce visibility, making it more challenging for both drivers and pedestrians to spot each other in time.
  

Legal Options for Pedestrian Accident Victims

In Missouri, pedestrians who are injured in accidents caused by another party’s negligence may have the right to pursue a personal injury claim. Below are some key factors to consider when determining whether to file a claim:

1. Missouri's Comparative Fault Rule
   Missouri follows a comparative fault rule, meaning that if you are partially at fault for the accident, your compensation can still be reduced based on your percentage of fault. For instance, if a driver was speeding but you were crossing the street outside a crosswalk, you may still be able to recover damages, but they could be reduced if you are found partially responsible. The key is that you must not be more than 50% at fault for the accident.
   

    2.  Negligence and Liability
To file a successful personal injury claim, you will need to establish that the driver (or another party) was negligent. In pedestrian accident cases, this could involve showing that:

• The driver breached their duty of care (e.g., by speeding or failing to yield).
• The breach directly caused the accident and your injuries.
• You suffered damages (e.g., medical bills, lost wages, pain and suffering).

    3.  Insurance Claims

After a pedestrian accident, you may need to file an insurance claim with the at-fault driver’s auto insurance provider. However, in cases where the driver is uninsured or underinsured, you may be able to recover compensation through your own insurance policy if you have uninsured or underinsured motorist coverage.

Steps to Take After a Pedestrian Accident

If you have been involved in a pedestrian accident in Missouri, taking the following steps can help protect your legal rights:

1. Seek Medical Attention

• Even if you feel fine, some injuries may not be immediately apparent. Seeking medical attention as soon as possible will not only ensure that you get the treatment you need but also create a medical record that can be used as evidence in your case.
  

  2.  Report the Accident

• Call the police to report the accident. A police report is an essential piece of evidence and will provide an official account of what happened.
  

  3.  Gather Evidence

• If possible, take photos of the scene, your injuries, the vehicles involved, and any traffic signs or signals that may have played a role in the accident.
• Collect the names and contact information of any witnesses.
  

  4.  Document Your Injuries and Expenses

• Keep track of your medical bills, lost wages, and other expenses related to the accident. This documentation will be crucial when filing your personal injury claim.
  

Types of Damages in a Pedestrian Accident Personal Injury Claim

If you are successful in your personal injury claim, you may be entitled to recover a variety of damages, including:

1. Medical Expenses: This includes both current and future medical costs for surgeries, rehabilitation, hospital stays, and any other necessary treatment related to the accident.
2. Lost Wages: If the accident caused you to miss work, you may be entitled to compensation for your lost income. If your injuries prevent you from returning to work, you may also be able to recover damages for future lost earnings.
3. Pain and Suffering: Pedestrian accidents can lead to significant physical and emotional pain. Missouri allows victims to seek compensation for pain and suffering, which can include both physical pain and emotional distress.
4. Property Damage: If any personal property, such as a phone or clothing, was damaged in the accident, you may be able to seek compensation for its repair or replacement.
5. Permanent Disability or Disfigurement: If the accident results in a permanent disability or disfigurement, you may be entitled to additional compensation for the long-term impact on your life.
   

Conclusion

Pedestrian accidents in Missouri can result in serious injuries, and understanding your legal rights is vital to securing the compensation you deserve. If you have been injured in a pedestrian accident, it's important to consult with an experienced personal injury lawyer who can guide you through the legal process. A lawyer will ensure that you understand your options and work on your behalf to get you the compensation you need to recover physically, emotionally, and financially.

If you or someone you love has been injured in a pedestrian accident, don’t wait—contact Daniel Finder at Finder Law, LLC to discuss your case today. He has a stellar reputation representing personal injury victims in Missouri and has won millions for his clients.

Call us today to set up a free consultation.