Auto-pedestrian accidents happen far too frequently and can leave victims facing severe physical injuries, financial stress, and emotional trauma. When a car collides with a pedestrian, the results can be devastating, often leading to substantial medical bills, loss of income, and a long road to recovery. At Price & Randle Injury Attorneys, based in Osage Beach, Missouri, we’re here to help you understand your rights under Missouri law if you’ve been involved in a pedestrian vs. vehicle accident.
In this guide, we’ll break down the basics of these accidents, outline common causes and injuries, and provide insights into the legal process for pursuing compensation. If you or someone you know has been involved in a pedestrian car accident, here’s what you need to know to protect your rights and make informed decisions.
What Is an Auto-Pedestrian Accident?
An auto-pedestrian accident occurs when a vehicle strikes a pedestrian, either in a crosswalk, an intersection, or any other place where cars and people cross paths. These accidents can happen in both busy city intersections and quiet neighborhood streets, often resulting in severe injuries due to the vulnerability of the pedestrian.
In Missouri, pedestrian rights and driver responsibilities are governed by state laws that aim to protect individuals on foot. These laws establish expectations for both pedestrians and drivers regarding yielding right of way, safe crossing practices, and avoiding distractions.
Understanding the circumstances of your pedestrian vs. vehicle accident and the specific details of Missouri’s laws can make a significant difference when it comes to filing a claim and securing compensation.
Common Causes of Auto-Pedestrian Accidents
In most cases, pedestrian-car accidents don’t just “happen.” They’re often the result of driver negligence or environmental factors. Here are some common causes we see in Missouri:
- Distracted Driving: Texting, eating, or using a navigation system while driving can lead to split-second lapses in attention, which are often enough to cause a collision with a pedestrian. This is why Price & Randle is a proud sponsor of Missouri’s Buckle Up Phone Down campaign to combat distracted driving.
- Speeding: Higher speeds increase both the likelihood of an accident and the severity of injuries. Pedestrians are far more likely to sustain life-threatening injuries if they’re struck by a vehicle moving at higher speeds.
- Failure to Yield: Missouri law requires drivers to yield to pedestrians at marked crosswalks and intersections. However, failure to yield remains a common cause of pedestrian vs. vehicle accidents.
- Driving Under the Influence: Alcohol or drugs significantly impair a driver’s reaction time and judgment, making it harder for them to see and avoid pedestrians.
- Low Visibility Conditions: Poor lighting, bad weather, and nighttime conditions can make it harder for drivers to see pedestrians, even when they’re crossing legally. However, drivers are still obligated to proceed with caution and adjust their driving to suit visibility conditions.
These factors contribute to accidents and play a critical role in establishing liability. Understanding the root cause of your accident is essential to building a successful legal claim.
Typical Injuries in a Car vs. Pedestrian Accident
Due to the sheer size and speed of vehicles, pedestrians are incredibly vulnerable to any collision with a car. The injuries from these accidents are often severe and life-altering, including:
- Head and Brain Injuries: Traumatic brain injuries (TBI), concussions, and skull fractures are common in pedestrian car accidents and can have long-term consequences for cognitive and physical function.
- Spinal Cord Injuries: Spinal injuries can result in paralysis, loss of motor function, and chronic pain. These injuries often require extensive and costly medical treatment.
- Broken Bones: Fractures in the legs, arms, and ribs are common, especially when pedestrians are struck at speed. Recovery times can be long and painful, often impacting a victim’s ability to work.
- Internal Injuries: Internal bleeding and organ damage are serious injuries that may not be immediately apparent but require immediate medical attention.
- Emotional Trauma: Beyond physical injuries, many victims suffer from emotional trauma, including PTSD, anxiety, and depression, which can impact their quality of life long after the accident.
These injuries often result in a significant financial burden due to medical expenses, loss of income, and ongoing therapy. At Price & Randle, we help our clients pursue full compensation for the broad range of impacts a pedestrian car accident can have on their lives.
Determining Fault in a Missouri Pedestrian Car Accident
One of the biggest challenges in a pedestrian car accident case is determining fault. Missouri operates under a “comparative fault” system, which means that fault may be divided between the driver and the pedestrian, depending on the circumstances. Here’s how liability might be assigned in some common situations:
- Right of Way at Crosswalks: Missouri law generally gives pedestrians the right of way in marked crosswalks, meaning drivers are expected to yield. If a driver fails to yield, they will likely be found at fault.
- Jaywalking: When a pedestrian crosses outside of a crosswalk or against traffic signals, they could be found partially at fault. This doesn’t necessarily bar them from seeking compensation but may reduce the amount recoverable in proportion to their degree of fault.
- Duty of Care for Drivers: Drivers are expected to exercise reasonable care, especially in areas with high pedestrian traffic. If a driver fails to meet this standard by speeding, texting, or driving under the influence, they could be found liable for the accident.
- Comparative Negligence: Missouri’s comparative negligence law allows pedestrians to recover compensation even if they are partially at fault. For example, if a pedestrian is found 20% at fault for crossing outside of a crosswalk, they can still recover 80% of the damages from the driver.
Determining fault isn’t always straightforward, which is why it’s essential to gather as much evidence as possible to establish liability.
Steps to Take Immediately After a Car vs. Pedestrian Accident
If you’ve been involved in a pedestrian car accident, it’s essential to take certain steps to protect your health and strengthen your legal claim:
- Seek Medical Attention: Even if you feel okay, see a medical professional. Many injuries, especially internal ones, don’t show symptoms immediately.
- Call Law Enforcement: A police report will provide essential documentation of the accident, which can be critical to your case.
- Gather Evidence: If possible, take pictures of the accident scene, your injuries, and any contributing factors like street signs or skid marks. Get contact information for witnesses.
- Document Your Recovery: Keep a record of your medical appointments, symptoms, and any disruptions to your daily life. These records help quantify your pain and suffering.
- Speak to an Attorney: Legal representation can ensure that your rights are protected and that you’re not pressured into accepting an unfair settlement.
Taking these steps can significantly improve your physical recovery and the strength of your legal case.
Compensation in Missouri Pedestrian Vehicle Accident Cases
Victims of auto-pedestrian accidents in Missouri may be entitled to various types of compensation, depending on the extent of their injuries and the circumstances surrounding the accident. Here’s an overview of the types of compensation available:
- Medical Expenses: This includes current and future medical bills, rehabilitation costs, and assistive devices such as wheelchairs or crutches.
- Lost Wages and Lost Earning Capacity: If injuries prevent you from working, you can recover lost income. Additionally, if your injuries limit your ability to work in the future, you may be entitled to compensation for reduced earning capacity.
- Pain and Suffering: Missouri law allows victims to seek compensation for physical pain, emotional distress, and loss of enjoyment of life resulting from the accident.
- Property Damage: If personal property, such as a phone or bicycle, was damaged in the accident, you could seek compensation for repairs or replacement.
The amount of compensation depends on several factors, including the severity of injuries, the level of fault assigned to each party, and the impact on your daily life. An experienced attorney can help you pursue the compensation you deserve.
Dealing with Insurance Companies After a Pedestrian Accident
Insurance companies often approach pedestrian car accident cases with one goal: minimizing their payout. Here are a few tips for handling insurance companies after a pedestrian vs. vehicle accident:
- Expect an Investigation: Insurance companies will look for any way to reduce their liability, including scrutinizing your medical records, the accident scene, and witness statements.
- Avoid Quick Settlements: Insurance adjusters often offer low settlements right away to close the case. Remember that accepting an early settlement may leave you with uncovered expenses down the line.
- Consult an Attorney Before Signing: An attorney experienced in Missouri pedestrian car accident claims can review settlement offers and negotiate on your behalf, ensuring you receive a fair payout.
Our team at Price & Randle handles all communication with insurance companies so that our clients can focus on their recovery while we work to secure the compensation they need.
Missouri’s Statute of Limitations
In Missouri, the statute of limitations for filing a personal injury claim is generally five years from the date of the accident. However, some circumstances may shorten this timeline:
- Cases Involving Minors: If the injured pedestrian is a minor, they may have until five years after their 18th birthday to file a claim.
- Government Vehicles: If a government vehicle is involved in an accident, special rules apply, including shorter time limits and specific procedural requirements.
Missing the statute of limitations deadline can mean losing the right to pursue compensation, so it’s crucial to consult a lawyer promptly to protect your rights.
Let Price & Randle Help You Navigate Your Case
Navigating the aftermath of an auto-pedestrian accident can feel overwhelming. At Price & Randle Injury Attorneys, we understand the complexities involved and are dedicated to helping our clients secure the compensation they deserve. From investigating the accident’s cause and gathering evidence to negotiating with insurance companies and representing you in court, we’re here to take the burden off your shoulders.
If you’ve been injured in a car vs. pedestrian accident in Missouri, don’t hesitate to reach out. Contact Price & Randle Injury Attorneys for a free case evaluation, and let us guide you through the process. We’ll be with you every step of the way, fighting for your rights and working toward the best possible outcome for your case.
