Pedestrian Accident Lawyers in Chesterfield, MO

Providing Strong Legal Representation for Injured Clients

The CDC (Centers for Disease Control and Prevention) reports that at least 8,000 pedestrians have been killed in crashes with motor vehicle accidents in the United States in 2021. That means one pedestrian death every 66 minutes. Another 104,000 people have reportedly visited an emergency room for non-fatal pedestrian injuries in the same year.

Accidents involving a pedestrian and a vehicle can often result in severe or fatal injuries for the pedestrian, especially when the crash involves a larger vehicle or higher speeds. The pedestrian accident attorneys at Mid-America Law Practice LLC explain what you can do to recover compensation after being hit by a vehicle in Chesterfield, MO. If you are looking for legal advice or representation for your case, contact Mid-America Law Practice LLC at 314-866-9556.

What Are the Pedestrian Laws in Missouri?

Missouri pedestrian laws are pretty straightforward. Pedestrians have the right-of-way whenever crossing a road or intersection with a marked crosswalk or unmarked crosswalk (if a pedestrian is clearly about to cross the road or already walking on the roadway). Other vehicles approaching from behind are not allowed to pass a vehicle that stopped for a pedestrian. Pedestrians should always use sidewalks where available or walk on the left side or shoulder of the roadway facing oncoming traffic.

Pedestrians are supposed to exercise caution when crossing and not run, walk, or suddenly leave the curb and cross a road in a way that makes it impossible for a vehicle to stop. If traffic signals are available, pedestrians are expected to follow traffic signals like all other roadway users. If a pedestrian tunnel or overwalk is available and a pedestrian chooses not to use it, the pedestrian must yield the right of way to oncoming traffic. Pedestrians should also yield to motor vehicles when crossing the road in any area not considered an intersection or marked or unmarked crosswalk. Interestingly enough, Missouri laws do not consider jaywalking to be an illegal activity in most cases. With few exceptions, pedestrians may cross at any point of the road as long as they yield the right of way to vehicles.

What Kind of Damages Can I Recover After Being Hurt in a Pedestrian Accident?

If you sustained a serious injury in a pedestrian accident that was mostly a result of driver negligence, you may be able to recover a variety of damages for your accident. In most cases, injured pedestrians may file an insurance claim against the negligent driver’s insurance company and receive compensation for economic damages, such as medical expenses, lost wages, and property damage. In addition, they may also seek recovery of non-economic damages, such as pain, suffering, and emotional distress resulting from the accident.

In some cases, you may have to file a personal injury lawsuit against the at-fault driver. This can happen if the driver is underinsured (meaning the driver’s auto insurance policy does not offer enough to cover the claimant’s damages) or uninsured (meaning the driver carries no auto insurance policy). Filing a personal injury lawsuit can be a lengthier process than an insurance claim, but it can potentially result in a higher settlement and even additional damages (such as punitive damages for cases in which the responsible party acted with gross negligence). It is best to consult an attorney to determine the best course of action for your case and the types of damages for which you may be able to seek compensation.

Can I Still Recover Compensation if I Am Partially to Blame for My Accident?

Missouri is one of a handful of states that uses a pure comparative negligence system to determine the amount of compensation each of the parties in a personal injury case may recover. In other states that use a modified comparative negligence system, the parties in a claim may recover compensation as long as they are not more than 50% (or sometimes 51%) at fault for their own damages.

However, in Missouri, you may still recover compensation as long as you are not deemed to be 100% at fault. That means you can still seek payment for damages even if you were 99% at fault for the accident. As strange as that may sound, the pure comparative negligence system rules simply dictate that if, for example, you are 60% at fault for the accident. If the other party is 40% at fault, you would be responsible for paying 60% of their damages while still being able to recover 30% of the damages caused by the other party. The percentage of liability is determined by the insurance company in a pedestrian accident claim or by a judge or jury in a personal injury lawsuit.

Why Should I Hire a Pedestrian Accident Attorney for My Case?

Pedestrian accidents can be traumatic and leave survivors with disabling, life-altering injuries that can affect them for many years or even permanently. In addition, filing a pedestrian accident claim for a pedestrian accident is not always an easy process, and many injured victims end up being made to jump through hoops just to receive compensation from the insurance company for their medical bills and financial losses.

If you were injured in a pedestrian accident in or near Chesterfield, MO, it is best to seek legal representation from an attorney who insurance companies know is capable of taking them to trial if needed. Your attorney can take care of all aspects of your case for you and take the steps required to protect your rights to fair compensation inside and outside of the courtroom. Contact Mid-America Law Practice LLC at 314-866-9556 for a free consultation to discuss your case.