.png)
While it's likely that a Missourian will be using public or private transportation to move across notable distances, walking will be the go-to when there isn't that much ground to cover. It happens to be highly beneficial to the human body too.
However, those who walk the streets are especially vulnerable to accidents, since they don't have the benefit of being enclosed in anything for protection. Whether it be a St. Louis or Kansas City pedestrian accident, or it happens somewhere else in the state, what does proving fault look like? The answers to that and more are below!
Relevant Laws to Accidents Involving Pedestrians
Pedestrians don't have the freedom to walk wherever they desire when on the streets of Missouri. There are laws to follow, and this also applies to drivers, since they are expected to exercise a duty of care. Here are some of the regulations to be aware of:
Whenever possible, a pedestrian must travel on the right half of a crosswalk.
Pedestrians should never suddenly leave a curb, putting themselves in the pathway of vehicles that are too close to stop completely.
Drivers must always exercise the highest degree of care possible. Doing so is to ensure that there are no collisions with pedestrians.
If there is a sidewalk present, a pedestrian should not walk along the roadway.
Unless a pedestrian is crossing where there is a marked crosswalk or intersection, they should yield to vehicles.
When a pedestrian crosses the roadway within a crosswalk, drivers are expected to yield the right of way when the person crossing is on the half of the street that the vehicle is traveling on. Drivers should also give up the right of way when pedestrians are on the opposite side and approaching closely enough to be in danger.
What Should Victims Do After Pedestrian Accidents?
Medical Treatment
A pedestrian car accident is no joke. The personal injury possibilities can range from mild to life-threatening. It isn't possible to tell how serious things are based on what one feels at the time of the occurrence. Powell Law Firm can also share insight on how to prove fault in a bicycle accident in Missouri.
Some symptoms do not show themselves immediately, and when they do, it may be too late. Therefore, it is recommended that victims get medical attention as soon as possible. Doing so ensures proper care is administered, and it will also create documentation that a personal injury attorney can use for a claim.
Police Report
Depending on the type and severity of a traffic accident, a police officer may be called to the scene. Ensure that a statement is provided. If there was no officer present, visit the station responsible for the area and make a report as soon as possible. This contributes to another important piece of documentation that may be needed for a personal injury lawsuit.
Contact Details and Other Evidence
Where possible, an injured pedestrian should try to collect evidence. Doing so will increase the likelihood of a successful personal injury claim. The first order of business is to get the contact details of any driver involved.
Pictures and videos of the scene are also helpful. Additionally, contact information for any witnesses who are willing to speak up is an asset.
Say No to Social Media
It's hard to believe that social media use can dismantle claims following traffic accidents, but it is a possibility. For example, victims may feel inclined to let everyone know that an accident happened and that they're doing fine.
The intention is to prevent those who care from worrying, but it gives the negligent party ammunition to state that the damage cannot be very serious, which can negate the efforts of a pedestrian accident attorney. Powell Law Firm is also able to help with how to prove fault in a construction accident in Missouri.
Speak to an Experienced Missouri Pedestrian Accident Lawyer
After getting medical care, gathering evidence, and making a statement to the police, this is one of the most important actions to take. Don't say anything unnecessary to anyone, and do not admit fault for the accident, regardless of the circumstances. Seek the counsel of a legal professional in Missouri, and listen keenly to the advice that is provided.
How Is Fault Established in a Pedestrian Accident?
Proving negligence goes beyond just stating what happened. There is a legal precedent for this, which must be adhered to. In Missouri, four elements need to be true:
Duty of care - The negligent party should have a duty to exercise reasonable care in the situation that caused the accident. For example, drivers fall under this category once they use roadways in the state.
Breach of duty - An action must have been taken by the party with the duty of care that constituted a breach. Maybe the driver broke traffic signals or was driving in a lane designated for oncoming traffic.
Cause in fact - It should be provable that the injuries experienced by the victim were directly caused by the accident.
Proximate cause - The beach of duty should be the causative factor for the accident. What if a pedestrian was hit because a vehicle failed to stop? If the driver were simply distracted, then that would be a breach. However, if the car shipped with defective brakes that the driver was unaware of, the manufacturer of the vehicle would likely be liable.
Other Factors That Help in Determining Fault
Even with the principles laid out above, determining fault can be a complex process. It requires careful consideration of all relevant factors, such as:
Pedestrian crossing visibility
Road conditions
Surveillance footage
Pedestrian and driver actions
Traffic signals present
The Principle of Comparative Fault Should Also Be Considered
Missouri is a comparative fault state. This means that a negligent party is only liable for the amount of wrongdoing they demonstrated in the matter.
All parties have a percentage of fault in an accident, which can range from 0% to 100%. For example, evidence may point to an injured pedestrian having a 20% share of the blame, with the other 80% placed on the negligent driver.
The victim may still be awarded a settlement, but this will likely be 80% of the true value of the damages. For more information, a pedestrian accident attorney may be able to help.
Schedule a FREE Case Review with a Qualified Missouri Pedestrian Accident Lawyer Today!
Pedestrian accidents can lead to very difficult circumstances for the victim, thanks to medical expenses, lost wages, and more. If a negligent party hit you and has caused injuries or other damages, you may be entitled to compensation. Schedule a free consultation today with an expert attorney at Powell Law Firm.
Comments