A pedestrian accident can turn your life upside down. Whether you are facing medical bills, lost wages, or other challenges, a Missouri pedestrian accident lawyer can help you navigate these difficult times.
Hiring a skilled lawyer increases your chances of receiving the compensation you deserve, ensuring you can focus on recovery.
In Missouri, pedestrian accidents are unfortunately common, especially in busy urban areas like St. Louis. Legal experts from the CEO Lawyer Personal Injury Law Firm offer specialized services to those affected.
They can help you understand your rights and take steps to hold the responsible parties accountable.
At the CEO Lawyer, our experts operate on a contingency fee basis, meaning you don’t have to pay unless we win your case. This approach can make it easier for victims to seek justice without worrying about upfront costs.
By consulting a St. Louis pedestrian accident lawyer, you can explore your options and take a crucial step toward regaining control over your life.
How a Missouri Pedestrian Accident Attorney Can Help
A Missouri pedestrian accident attorney offers crucial support for victims by providing legal consultation and handling negotiations with insurance companies. Their goal is to secure fair compensation for injuries and damages.
Legal Consultation and Case Evaluation
After a pedestrian accident, many people are unsure of their legal options. An attorney can provide a detailed legal consultation and case evaluation.
During this meeting, the attorney will review the accident details, including police reports, medical records, and witness statements. They will identify potential legal strategies and explain your rights and obligations under Missouri law, including relevant statutes like RSMo § 300.380 and § 300.390.
This step helps in setting realistic expectations for the outcome and in developing a strong legal plan. The consultation is often free, ensuring that victims understand their position without incurring initial costs.
Negotiating With Insurance Companies
Negotiating with insurance companies can be challenging and intimidating. Insurance adjusters often aim to minimize payouts.
A skilled pedestrian accident attorney can handle communications with the insurance company on your behalf. They understand the tactics insurance companies use and will fight for a fair settlement.
This process involves presenting evidence, such as medical bills and proof of lost wages, to demonstrate the extent of the victim’s injuries and impact on their life.
Attorneys also ensure that settlement offers cover future expenses related to the accident, including ongoing medical treatment and rehabilitation. If necessary, they can take the case to court to achieve a just outcome.
Understanding Missouri Pedestrian Accident Law
Missouri pedestrian accident laws cover important aspects such as traffic regulations for pedestrians, the principle of comparative fault, and the deadlines for filing claims. Knowing these can help you navigate legal challenges after a pedestrian accident.
Missouri Traffic Laws for Pedestrians
Pedestrians in Missouri must follow specific traffic laws to ensure their safety and the safety of others. They must use the right half of the crosswalk when crossing the street, whenever possible (RSMo § 300.380), and are required to yield to vehicles unless crossing at a marked crosswalk or an intersection.
Crossing the road where there are traffic control signals is also regulated. Pedestrians must not cross between adjacent intersections where traffic signals are present.
These laws aim to prevent accidents and minimize conflicts between pedestrians and vehicles on the road.
Comparative Fault in Pedestrian Accidents
Missouri uses a comparative fault system in pedestrian accidents. This means that if a pedestrian is partially at fault for an accident, they can still seek compensation.
However, their compensation will be reduced by their percentage of fault.
For instance, if a pedestrian was jaywalking and got hit by a speeding car, both the pedestrian and the driver might share the blame. If the pedestrian is found to be 30% responsible, their compensation would be reduced by 30%.
This system ensures that both parties’ actions are taken into account when determining compensation.
Statute of Limitations in Missouri
In Missouri, the law sets specific time limits for filing pedestrian accident claims. The statute of limitations for such claims is five years from the date of the accident.
It is crucial to file within this period to preserve the right to compensation.
If the claim is not filed within this timeframe, the injured party may lose their right to pursue legal action. Understanding this deadline helps ensure that victims of pedestrian accidents take timely legal steps to seek the compensation they deserve.
Common Causes of Pedestrian Accidents
Pedestrian accidents can occur for several reasons. Key factors include distracted driving and walking, impaired or intoxicated individuals, and failure to yield right of way. Let’s explore these causes in more detail.
Distracted Driving and Walking
Distractions are a major cause of pedestrian accidents. Drivers using their phones, eating, or adjusting the radio can easily miss seeing a pedestrian.
Pedestrians can also be distracted by their own devices, such as texting while crossing the street. This mutual distraction significantly raises the risk of accidents.
Even a brief moment of inattention can lead to devastating consequences. In urban areas, where foot traffic is high, the impact of distractions is even more pronounced.
Reducing distractions for both drivers and pedestrians is crucial for safety.
Impaired or Intoxicated Individuals
Alcohol and drugs can impair both drivers and pedestrians. Drivers under the influence have slower reaction times and poor judgment, increasing the likelihood of hitting a pedestrian.
Similarly, pedestrians who are intoxicated are less aware of their surroundings and more likely to take dangerous risks, such as jaywalking.
Statistics from traffic reports show a significant number of pedestrian accidents involve impaired individuals. These situations often result in severe injuries or fatalities due to the impaired person’s reduced ability to avoid hazards.
Failure to Yield Right of Way
Failure to yield the right of way is another common cause of pedestrian accidents. Drivers may not stop at crosswalks or intersections, leading to collisions, and pedestrians, assuming they have the right of way, might step into traffic without verifying that it is safe.
Many accidents happen when drivers turn at intersections without looking for pedestrians in crosswalks. Ensuring both drivers and pedestrians are aware of traffic rules can greatly reduce such incidents.
Public awareness campaigns aim to educate on the importance of yielding and adherence to traffic signals.
Steps to Take After a Pedestrian Accident
Taking the right steps after a pedestrian accident can help ensure safety, gather crucial information, and protect legal rights. Here’s a detailed guide on what to do if you are involved in a pedestrian accident in Missouri.
Seeking Immediate Medical Attention
- The first priority after an accident is to get medical help. Even if there are no visible injuries, internal injuries might exist.
- Call 911 right away. This ensures that an ambulance and police will be sent to the scene. Emergency responders can provide first aid and take injured individuals to the hospital if necessary.
- If medical attention is needed, do not try to move the injured person unless it is absolutely necessary to avoid further harm. It’s best to wait for trained professionals. Follow all instructions given by medical staff, and keep all medical records and bills. These documents can play a key role if you decide to pursue legal action.
Reporting the Accident
- Reporting the accident to the police is a critical step. Even if the injuries seem minor, it is important to have an official report.
- Call the police immediately. Provide them with all the details of the accident, including how it happened and any contributing factors.
- Make sure to get a copy of the police report or at least the report number. This document will be useful for insurance claims and legal proceedings. Be honest when describing the incident to the officers but avoid making assumptions or admissions of guilt. Insurance companies and legal representatives will rely on accurate and factual information from this report.
Collecting Evidence at the Scene
- Collecting evidence can significantly help your case later on. Evidence includes anything that can show what happened and who was at fault.
- Take photographs of the accident scene, including the vehicles involved, traffic signals, road conditions, and any visible injuries.
- Gather contact information from witnesses. Their statements can provide valuable support for your case. Write down the names, phone numbers, and addresses of all witnesses.
- If possible, get the driver’s name, contact information, insurance details, and license plate number. Keeping detailed notes about the accident while it is fresh in your memory can also be helpful.
By following these steps after a pedestrian accident, victims can better protect their health and legal rights.
Compensation for Pedestrian Accident Victims
In Missouri, injured pedestrians may seek compensation for various damages. This includes medical expenses, lost wages, and pain and suffering due to the accident.
Medical Expenses Recovery
Victims of pedestrian accidents can claim compensation for all medical costs. This covers hospital stays, surgeries, medications, and rehabilitation services.
Prescription medicines, physical therapy, and any required long-term care are included too.
In Missouri, compensation can also cover future medical costs related to the accident. This helps ensure ongoing treatment is affordable.
Accurate documentation of all medical expenses is crucial. Victims should keep receipts and medical records as these documents can support their claims and help secure the compensation they deserve.
Lost Wages and Earning Capacity
Pedestrians injured in accidents often miss work. They can claim compensation for lost wages. This includes income lost during recovery and can also cover lost future earnings if the victim can’t return to their job.
Missouri allows claims for reduced earning capacity. If the injury limits the victim’s ability to work, they may be compensated for this loss.
They must provide evidence of their earning potential and how it’s affected by the injury. Documentation, such as pay stubs and employer statements, can help prove lost wages and reduced earning capacity.
Pain and Suffering Damages
Accidents often cause significant pain and emotional distress. Victims can seek compensation for these non-economic damages that cover physical pain, emotional suffering, and loss of enjoyment of life.
Calculating pain and suffering damages can be complex and involves considering the severity of the injury and its impact on the victim’s life. In some cases, expert testimony may be needed to support the claim.
Missouri recognizes the impact of both physical and emotional suffering on victims’ lives. Courts may award substantial amounts for these damages, depending on the case’s specifics.
Filing a Pedestrian Accident Claim in Missouri
Filing a pedestrian accident claim in Missouri involves gathering essential documents, meeting deadlines, and proving that the other party was at fault. Taking these steps seriously can make a difference in the outcome of the claim.
Documentation and Paperwork
Gathering documentation is critical. This includes the aforementioned medical records, police reports, and witness statements.
Police reports detail the accident and identify involved parties. Witness statements can confirm the facts.
Collect photos of injuries and the accident scene, providing visual evidence. Keep all receipts and bills related to the accident, such as medical expenses and repair costs.
This paperwork helps establish the financial impact of the accident.
Deadlines and Timely Filing
Timelines are crucial in filing a pedestrian accident claim. In Missouri, the statute of limitations is usually five years from the accident date; filing within this period is essential to preserve the right to compensation and filing late can result in losing that right.
Note that sometimes, insurance companies have separate deadlines, so be sure to check policy details to ensure compliance. Hiring a knowledgeable attorney can help avoid missing key deadlines.
Proving Negligence and Liability
To succeed in a claim, proving negligence and liability is necessary. The injured pedestrian must demonstrate that the driver was negligent.
Negligence involves showing that the driver owed a duty of care, breached that duty, and directly caused the accident and injuries.
Evidence like traffic camera footage and eyewitness testimony can help establish this. Missouri follows comparative fault rules, meaning compensation could be reduced if the pedestrian shares some blame.
Accurate documentation and clear evidence are important to strengthen the claim. A well-prepared case with solid proof increases the likelihood of a successful claim.
The CEO Lawyer Is Your Missouri Pedestrian Accident Law Firm
The CEO Lawyer Personal Injury Law Firm is dedicated to helping those injured in pedestrian accidents across Missouri. We offer extensive experience in dealing with such cases, providing support and legal assistance to victims.
Our team, led by Attorney Ali Awad, highly skilled. We have a success rate of over 99%, giving clients confidence in their ability to win cases.
If you need help with your pedestrian accident case, you can call the CEO Lawyer Personal Injury Law Firm directly at (816) 307-1835.
