Pedestrian Accidents in Kansas City: Legal Options for Injury Victims

Pedestrians are among the most vulnerable people on Missouri roads. Unlike drivers and passengers who have the safety and protection of a vehicle, pedestrians are often susceptible to severe injuries when struck by a car, truck, motorcycle, or other motor vehicle. The medical bills, lost income, pain and suffering, and long-term rehabilitation that may follow can create significant financial and emotional burdens for victims and their families.

If you or a loved one was hit by a car in Missouri, understanding your legal rights is a crucial first step toward pursuing compensation and holding the responsible party accountable.

Common Causes of Pedestrian Accidents

Many pedestrian accidents happen because drivers fail to exercise reasonable care. Some of the most common motorist causes include:

• Distracted driving, including texting while driving
• Speeding
• Failure to yield at crosswalks
• Running red lights or stop signs
• Driving under the influence of drugs or alcohol
• Reckless or aggressive driving
• Failure to check for pedestrians when turning

Even when a pedestrian is not in a marked crosswalk, drivers still have a duty to operate their vehicles safely and avoid causing preventable accidents.

What Compensation May Be Available?

When a driver’s negligence causes a pedestrian accident, the injured person may be entitled to seek compensation through a personal injury claim.

Depending on the circumstances, damages may include:

• Medical expenses. Victims may recover compensation for:
  • Emergency room treatment
  • Hospital stays
  • Surgeries
  • Physical therapy
  • Prescription medications
  • Future medical care related to the injury
• Lost wages and earning capacity. Serious injuries can force victims to miss work for weeks or months. In some cases, permanent disabilities may affect a person’s ability to earn income in the future.
• Pain and suffering. Missouri law may allow injured pedestrians to seek compensation for physical pain, emotional distress, and the overall impact the injuries have had on their quality of life.
• Property damage. If personal property such as a cellphone, bicycle, or other belongings was damaged in the accident, those losses may also be recoverable.

Can You Recover Compensation If You Were Partially at Fault?

Yes. Missouri follows a pure comparative fault system. This means that even if a pedestrian is found partially responsible for an accident, they may still recover damages. However, their compensation may be reduced by their percentage of fault.

For example, if a pedestrian is awarded $100,000 but is found 20% responsible for the accident, they may still recover $80,000.

Insurance companies frequently attempt to shift blame onto pedestrians to reduce payouts. Having legal representation can help ensure that fault is fairly evaluated and supported by evidence.

What Evidence Can Help a Pedestrian Injury Claim?

Strong evidence is critical to a successful pedestrian accident claim. Helpful evidence may include:

• Police reports
• Witness statements
• Traffic camera footage
• Surveillance video
• Photographs of the accident scene
• Medical records
• Accident reconstruction analysis
• Cell phone records showing driver distraction

An experienced injury attorney can help preserve and obtain evidence before it is lost or destroyed.

What If the Driver Does Not Have Insurance?

If the at-fault driver is uninsured or underinsured, injured pedestrians may still have options.

Potential sources of compensation can include:

• The driver’s personal assets
• Uninsured motorist coverage
• Underinsured motorist coverage
• Other potentially liable parties depending on the circumstances

Determining available insurance coverage can be complex, especially when multiple policies may apply. A pedestrian accident lawyer can help determine the best course of action.

How Long Do You Have to File a Pedestrian Accident Injury Claim in Missouri?

You have five years to file an injury claim in Missouri after an accident. Missing a filing deadline can prevent you from recovering compensation altogether. Because every case is unique and exceptions may apply, it is important to consult with an attorney as soon as possible to protect your rights.

Why Speak With a Missouri Pedestrian Accident Lawyer?

Insurance companies often prioritize making a profit rather than paying full compensation to injury victims. A pedestrian accident attorney can:

• Investigate the accident
• Gather evidence
• Communicate with insurance companies
• Calculate the full value of your damages
• Negotiate a settlement
• Represent you in court if necessary

Legal representation handles the responsibility of communicating back and forth with insurance companies to allow injured victims to focus on recovery.

Injured in a Pedestrian Accident? We’re Here to Help.

If you were hit by a car while walking in Missouri, you may have legal options available. The experienced pedestrian accident injury lawyers at the Goss Law Firm can evaluate your case, explain your rights, and help you pursue the compensation you deserve.

Contact us today by submitting an online form or calling our office at (816) 888-5000 for a free legal consultation.