Pedestrian Accidents in Missouri: What You Need to Know

Pedestrian accidents are a growing concern in Missouri, particularly in bustling urban areas like St. Louis.

These incidents can result in severe injuries or even fatalities, highlighting the importance of understanding your legal rights and responsibilities as a pedestrian.

This guide will provide essential information to help you navigate the aftermath of a pedestrian accident in Missouri.

Common Causes of Pedestrian Accidents

Several factors contribute to pedestrian accidents:

1. Driver Negligence: This includes speeding, distracted driving (e.g., texting while driving), failing to yield at crosswalks, and driving under the influence of alcohol or drugs.
2. Pedestrian Behavior: Jaywalking, crossing streets against traffic signals, and not paying attention to surroundings can increase the risk of accidents.
3. Poor Road Conditions: Inadequate lighting, poorly marked crosswalks, and defective traffic signals can contribute to pedestrian accidents.
4. Weather Conditions: Rain, snow, and fog can reduce visibility and make it harder for drivers to see pedestrians.

Legal Rights of Injured Pedestrians

In Missouri, pedestrians who are injured in accidents have several legal avenues to pursue compensation:

1. Personal Injury Claims: If a driver’s negligence caused the accident, the injured pedestrian could file a personal injury claim against the driver. This can cover medical expenses, lost wages, pain and suffering, and other damages.
2. Comparative Fault: Missouri follows a comparative fault system, meaning that if the pedestrian is found partially at fault for the accident, their compensation may be reduced by their percentage of fault.
3. Uninsured Motorist Coverage: If the driver at fault does not have insurance or flees the scene, the pedestrian may be able to file a claim under their own uninsured motorist coverage.

Steps to Take After a Pedestrian Accident

1. Seek Medical Attention: Immediately seek medical help, even if your injuries seem minor. Some injuries may not be immediately apparent.
2. Call the Police: Report the accident to the police to ensure there is an official record of the incident.
3. Gather Evidence: Collect as much information as possible, including the driver’s contact and insurance information, witness statements, and photographs of the accident scene and injuries.
4. Do Not Admit Fault: Avoid making any statements that could be interpreted as admitting fault.
5. Consult a Personal Injury Attorney: Contact an experienced attorney who can help you understand your rights and guide you through the legal process.

Proving Negligence in Pedestrian Accidents

To succeed in a personal injury claim, you must prove the driver’s negligence. This involves showing that:

1. Duty of Care: The driver had a legal obligation to drive safely and avoid causing harm.
2. Breach of Duty: The driver failed to meet this obligation (e.g., by speeding or running a red light).
3. Causation: The driver’s actions directly caused the accident and your injuries.
4. Damages: You suffered actual damages, such as medical bills, lost wages, and pain and suffering.

Compensation in Pedestrian Accident Cases

Victims of pedestrian accidents may be entitled to various types of compensation, including:

• Medical Expenses: Coverage for current and future medical costs.
• Lost Wages: Compensation for income lost due to the inability to work.
• Pain and Suffering: Damages for physical pain and emotional distress.
• Rehabilitation Costs: Coverage for physical therapy and other necessary rehabilitation services.

Conclusion

Pedestrian accidents can have life-changing consequences.

Knowing your rights and the legal steps to take following an accident is crucial.

If you or a loved one has been injured in a pedestrian accident in Missouri, seeking the help of an experienced personal injury attorney can significantly improve your chances of securing the compensation you need to recover and move forward.