The severity of injury and probability of fatalities are extremely high when a pedestrian is struck by a motor vehicle like a car, truck or SUV. Because even an economy car may weigh several thousand pounds, the impact between the human body and more than a ton of steel and solid plastic can result in permanent debilitating injuries and wrongful death. Although the increasing number of people that walk, jog or run to shed pounds and maintain a healthy lifestyle puts all pedestrians at-risk, kids and elderly pedestrians face the greatest probability of being struck by a moving vehicle. Because of the high probability of life-altering injuries when pedestrians are struck by motor vehicles we have provided answers to common questions we receive about pedestrian accident claims.
What should a pedestrian do after being hit by a motor vehicle?
The first priority in this situation is to allow medical personnel to check you out and cooperate with any attempt to take you to the hospital. While this is obviously the best way to ensure a more positive prognosis, there also are many pedestrian injury claims that result in less significant recovery because the injury victim delays seeking a medical diagnostic exam and treatment. If you are with family or friends, you also may have them obtain the names and contact information of potential witnesses to the pedestrian collision.
Do I really need a lawyer given that the driver will almost always be at-fault?
While it is true that drivers are expected to exercise a high degree of care to avoid hitting pedestrians with their vehicle, there are situations where drivers are not found liable for injuries to a pedestrian. If a child darts into the street from behind a parked car so that the driver has no opportunity to stop in time, this may be a situation where a driver is not found to be at-fault. This defense is sometimes referred to as the “darting child defense.” Insurance carriers regularly use this defense and similar types of claims to shift the responsibility for a pedestrian collision to the injured pedestrian. Even if this defense is not applicable, insurance carriers frequently try to blame the injury victim to reduce the amount of damages their insured is ordered to pay, but a Missouri pedestrian accident lawyer will have the experience to effectively rebut this type of claim.
Can I still seek compensation for injuries suffered in a pedestrian accident if I was crossing the street in the middle of the block?
While the most clear cut circumstances where liability will be imposed on a driver in a pedestrian accident involves pedestrians crossing the street at intersections or crosswalks, the fact that someone is jaywalking does not preclude a successful claim for damages. Drivers must still exercise reasonable care to watch for and avoid hitting pedestrians even when they are crossing the street at a place where they would not regularly be anticipated to cross.
What are the most common causes of pedestrian accidents in Missouri?
Although there are many reasons that drivers hit pedestrians, some of the most common causes involve the following:
- Alcohol or drug impaired driving
- Not reducing one’s speed in a school zone
- Distracted driving (i.e. using a cell phone to text or call)
- Running red lights or stop signs
- Violating the speed limit
- Disregarding flashing lights and signs on school buses
- Failure to anticipate pedestrians near school zones, parks and shopping center parking lots
These are just a few of the questions we often hear from those who have been injured in a pedestrian accident in Missouri. If you or someone you love is injured or a family member dies in a Missouri pedestrian car crash, we urge you to contact us so that we can answer your specific questions. Our experienced Missouri pedestrian injury attorneys at Hubbard & Kurtz, LLP work diligently to obtain financial compensation for our clients’ injuries so contact us toll free at (877) 535-1163 to see how we can help!