Walking should be safe. But each year, hundreds of Kansas City pedestrians are hit by cars. The crashes cause serious injury, stress, and medical bills. If you or the person you know were hit by a car, you may be wondering what to do next. This guide deals with your legal options, your rights, and how a pedestrian injury attorney can help you.
Why Pedestrian Accidents Are So Serious
Pedestrians are disadvantaged over drivers. A safe car has seatbelts, steel crumple zones, and airbags. The body has none of them. Low-impact crashes can result in fatal bones, head injury, or spinal cord injury. Worst may result in permanent damage. Kansas City also has a high number of pedestrian crashes every year. Busy traffic spots, distracted drivers, and limited visibility during nighttime hours are the risks. Although the majority of the crashes happen in downtown areas, hard impacts also happen on home streets and school buses too.
Why Pedestrian Accidents Happen
Most pedestrian crashes are the result of driver negligence. The most common causes are:
- Distracted driving – texting, cell phone use, or GPS reading more than the road.
- Speed – slower reaction time boosts collision risk and injury.
- Failure to yield – drivers will ignore crosswalk rules or ignore signals.
- Drinking driving – alcohol reduces judgment, reflexes, and vision.
- Visibility – dark clothing, low illumination, or heavy rain boosts danger.
Pedestrians are also in danger where parking lots, driveways, and bus stops are found. Even if there is a crosswalk, pedestrians trust that drivers will keep their eyes open.
Your Rights If You Were Struck by a Car
Missouri law provides excellent rights for pedestrians. If hurt due to the negligence of a driver, you can recover for:
- Medical expenses – hospitalization, surgery, physical rehabilitation, and future medical care.
- Lost wages – income during recovery or loss of earning capacity.
- Pain and suffering – physical pain and mental distress.
- Destruction of property – damaged phones, glasses, or personal belongings.
Drivers owe pedestrians a duty of care. If they fail and cause harm, they may be legally responsible. A Kansas City personal injury attorney can review your case and explain what damages apply to your situation.
Steps to Take After a Pedestrian Accident
Rapid action can protect your health and your legal entitlement. Here’s what to do:
- Call 911 – report the accident and request medical help.
- Seek medical attention – even a minor injury, have it checked out.
- Gather facts – write down the driver’s name, make, model, and license plate number.
- Document with a photo – take a picture of the accident scene, injuries, and car damage.
- Interview witnesses – obtain witness contact information.
- Don’t blame – let the investigator determine the cause.
- Speak to an attorney – prior to speaking with insurance companies, speak to one.
Insurance companies are looking to pay out as little money as possible. Having an attorney present from the start guards your claim.
What An Injured Pedestrian Lawyer Does To Help
A seasoned attorney advises and advocates for fair compensation. Some of the most important ways a lawyer can help are:
- Following the accident – reading police reports, traffic video, and witnesses.
- Building your case – getting medical reports, expert witness, and documentation of damages.
- Negotiating with insurers – dodging lowball offers and demanding full compensation.
- Suing in court – if necessary, taking your case to a judge or jury.
Victims accept lowball offers without an attorney. Your attorney understands the actual worth of your case, helps in the legal process and informs them.
Why Kansas City Pedestrian Cases Tend to Involve Multiple Complications
A pedestrian accident can have more than a single party at fault. Not only can the driver be at fault but other parties whose fault is in question. For instance:
- A misspelled crosswalk can land the city in trouble.
- A malfunctioning auto part can redirect blame towards a manufacturer.
- A company employee who drives can sue the company that employs them.
Missouri is also a comparative fault state. That simply indicates that the two of you might be at fault. Even if you were partially to blame, you can recover but diminished. For example, if you were 20% at fault, your award is diminished by 20%. That is where professional counsel comes into play. A lawyer can plead unfair fault and maintain your right to recovery intact.
What Compensation Can Cover
No two are alike. Awards vary in amount based on injuries, fault, and residual impact. Recovery can consist of:
- Treatment and continuing care for the accident.
- Rehabilitation and physical therapy to heal.
- Lost wages and lost future income.
- Future care if you cannot resume normal life.
- Pain, stress, and trauma due to the accident.
Families may also maintain wrongful death claims when someone they love is murdered. Funeral bills, lost wages, and loss of companionship are just a few of the possible items included in claims.
Why You Should Act Quickly
Time is not on your side after a pedestrian accident. Missouri law also establishes time limits during which damages should be brought. Once the time has passed, you can lose the right to sue for damages. Evidence is not forever either. Witnesses forget, tapes are recycled, and crash scenes are demolished. The sooner you can have an attorney representing you, the stronger your case will be.
Choosing the Right Lawyer
All lawyers do not handle cases of pedestrian accidents. Look for one who handles car accident and personal injury cases. Ask the following questions:
- Do you handle cases of pedestrian injuries?
- How do you charge?
- What kind of results have you achieved in previous cases?
- How frequently do you send a case to trial when necessary?
Most injury lawyers handle cases on a contingency basis. That means no fee to you up front. They don’t get paid unless you get paid.
FAQs
- Do I need to have an attorney if the driver’s insurance company does accept fault?
Yes. Your insurance company can still attempt to pay you less than you’re worth. A lawyer negotiates good value.
- How much time do I have to file a claim in Missouri?
Typically, five years from the date of the accident. Wrongful death actions typically give three years.
- I was not on the crosswalk walking. What then?
You might still recover. Missouri’s comparative fault law permits partial recovery if you were partially at fault.
- Can I recover if I was hit by a hit-and-run driver?
Yes. Your attorney can recover on your own uninsured motorist coverage or otherwise under sources of law.
- How much does it cost to retain a lawyer for pedestrian injury?
Most lawyers cost nothing. They work on a percentage of your verdict or settlement.
Final Thoughts
With one strike from a motor vehicle, the universe seems to shift upside down in a moment. The anguish, the expense, the uncertainty can be too much. But, you do not need to do it alone. A Kansas City pedestrian accident lawyer can help you wade through it, preserve your rights, and seek the compensation that you deserve.
