Kansas City pedestrian walking is supposed to be safe, yet crashes occur daily. Pedestrian crashes injure individuals, leaving them frustrated, hurt, and questioning their rights. Victims pay for hospital visits, lost wages, and recovery. This guide clarifies what to do when there is a crash, the mechanics of Missouri law, and what victims can expect in compensation.
Why Pedestrian Accidents Are So Serious
Pedestrians are not protected by vehicles. Low-speed crashes hurt. Fractures, head trauma, and injuries to the back are common. Some are left permanently disabled. Medical bills increase quickly. Emergency care, surgery, and physical therapy create enormous bills. Most victims also lose wages, taking time off work. Families experience health problems and financial problems all at once.
Common Reasons for Pedestrian Accidents in Kansas City
Crashes are normally a result of driver errors. Some of the reasons include:
- Running a red stop sign
- Racing city streets
- Driving while on the cell phone
- Failure to yield in crosswalks
- Driving under the influence of alcohol or drugs
- Erroneous turning at an intersection
Poor road design and illumination also contribute to hazards. But driver negligence is the major cause of most accidents.
What to Do Immediately After a Crash
Early response protects both health and legal action. Victims should:
- Seek medical aid immediately. Minor injuries can be hiding serious problems.
- Report to the police and make a statement. Police statements are needed for claims.
- Photograph and video the scene. Record the vehicle, road, and injury.
- Obtain contact details of witnesses. Third-party testimony makes your claim credible.
- Avoid apologizing. Words will be interpreted by insurance companies.
- Call a Kansas City Pedestrian Accident Lawyer. Legal counsel protects your right to fair compensation.
Compensation Victims Can Recover
A claim is more than visits to the hospital. Victims can recover for:
- Medical expenses: ER stays, therapy, future cost of care
- Lost wages: Worktime lost and loss of earning capacity in the future
- Pain and suffering: Physical pain and emotional suffering
- Damage to property: Phones, glasses, or bicycles that were destroyed in the accident
- Long-term care expenses: Long-term rehab or disability fees
Each circumstance is different. Kind of injury, recovery time, and long-term impact establish value.
Missouri Law and Pedestrian Rights
Missouri law provides pedestrians with robust protections. However, it also has regulations for walkers and drivers.
- Drivers are required to stop at pedestrian crosswalks marked on roads.
- Pedestrians need to comply with traffic lights and not suddenly step onto the road.
- They both have to exercise reasonable care to not cause harm.
Missouri follows pure comparative fault. That means you can recover money even if you are 20% at fault. You recover 80% of the award if you are 20% at fault.
Statute of Limitations in Missouri
The victims have five years wherein they can bring a case of personal injury. Waiting beyond the time period means losing your right to compensation. Waiting is risky. Evidence is lost. Witnesses forget. Medical reports may be harder to get. Legal practice action right away is a better case.
Pedestrian Injury Lawyer Role
Insurance companies want to pay less. Adjusters will deny or intimidate victims for low settlements. A lawyer helps in:
- Examining the scene of the accident
- Getting medical and police reports
- Settling with insurance adjusters
- Estimating claim value fairly
- Filing a case in court when needed
With the help of professional advocacy, victims focus on healing as their lawyer fights for fair recompense.
Wrongful Death in Pedestrian Accidents
All too frequently, some of these accidents prove fatal. Families are entitled to pursue wrongful death actions for compensation and justice. The damages are:
- Funeral costs
- Medical bills before death
- Lost capacity to earn
- Emotional distress to surviving relatives
Missouri law permits loved ones to pursue. Families can cope with this dismal process with the assistance of an attorney.
Safety Tips for Kansas City Pedestrians
Pedestrians can minimize risks by using safe precautions:
- Cross only at crosswalks whenever possible
- Make eye contact with drivers before entering the crosswalk
- Get noticed at night by wearing reflective or light-colored fabric
- Hang up the cell phone when crossing streets
- Wait for the light to cross over the curb
These precautions minimize risk but cannot eliminate all accidents. The drivers bear the greater duty of care.
Insurance Concerns After a Crash
The majority of the victims care about car coverage and medical expenses. Missouri has a provision that drivers be covered by liability insurance. That covers damages to other individuals if the driver is at fault. Victims can fall back on their own uninsured motorist coverage when the driver is not insured. A lawyer can also determine whether another party is liable, for example, the employer of a delivery driver.
What Affects Case Value
Various considerations influence to what degree a victim can be compensated:
- Nature of injuries
- Treatment duration
- Scarring or lifetime disability
- Loss of the capacity to work or earn a living
- Emotional trauma and distress
- Case strength in evidence and testimony
Severe injury will usually lead to larger verdicts or settlements. In addition, evidence dictates absolute case strength.
Step by Step Legal Process
Most pedestrian injury cases progress as follows:
- Investigation: Lawyer assembles police reports, medical history, and witness accounts.
- Filing of claim: Demand letter sent to insurance with evidence and information.
- Negotiation: Lawyer and insurance adjuster negotiate terms of settlement.
- Lawsuit (if necessary): If no fair offer, lawsuit is filed.
- Trial: Jury or judge decides final payment if no settlement.
Most settle out of court. But victims should be prepared for either.
FAQs
- How much is a Kansas City pedestrian accident case worth?
Worth in damages, medical bills, lost income, and pain. Bad ones owe more.
- Do I still get my money back if I was even partly to blame?
Yes. Missouri is a pure comparative fault state. Your percentage of fault reduces the overall award.
- Do I completely need a lawyer when I was hit by a car?
You may sue individually, but insurance companies do not pay. An attorney increases your chances of fair outcomes.
- What happens if the driver was uninsured when he or she caused the accident?
Your own uninsured motorist coverage could cover you. An attorney will also pursue other responsible parties.
- How long do Missouri pedestrian cases typically take?
Some take months. More complicated or more serious injury cases could take a year or longer.
Final Thoughts
Pedestrian collisions can flip life on its head. Victims get injured, there are expenses, and they are under pressure. Missouri legislation protects, but the process is not smooth. Having prompt doctor visits, good evidence, and attorney advocacy counts. An experienced Kansas City personal injury attorney helps victims fight insurance companies and receive what is theirs. Kansas City walkers deserve safe streets. If disaster happens, know your rights and act quickly.
