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Whenever car accidents involving pedestrians occur, it is normal for most people to assume that the driver is at fault. However, Missouri law does not take such a one-sided opinion. It is the facts of the pedestrian-car accident that determine the verdict.
One of the things that most people do not realize is that in a pedestrian accident case, chances are that both the driver and the pedestrian may be found to be partially to blame for the accident.
Comparative negligence is a possibility in any Missouri personal injury lawsuit. This is why victims of a pedestrian-car accident need to hire the services of a good pedestrian accident attorney.
Powell Law Firm has built a strong reputation over the years by helping victims of pedestrian-car accidents in this same situation. These attorneys have an in-depth understanding of Missouri traffic laws that is second to none.
Victims looking for a reliable, trustworthy, and proven personal injury law firm in Missouri need to look no further than Powell Law Firm. An experienced attorney is ready to offer a free consultation at our Saint Louis offices.
Causes of Fatal Pedestrian Accidents
There are many different causes of a pedestrian accident, most of them being down to the actions of both the driver and the pedestrian. Some of the most common ones include:
Speeding
Jaywalking
Driving in poor weather conditions
Failing to yield the right of way
Not leaving enough stopping distance
Texting while driving
Driving while intoxicated
Failure to notice or obey traffic signs/signals
Reckless driving
Common Injuries in a Pedestrian Accident
In any collision between a car and a pedestrian, it is the latter that takes the brunt of the impact. This is why most cases of car accidents involving pedestrians always result in severe injuries or fatalities on the part of the pedestrian.
The following are some of the common injuries resulting from a pedestrian-car accident:
Traumatic brain injury
Paralysis
Chest and abdominal injuries
Damage to muscles, ligaments, and tendons
Broken bones
Facial Fractures
Road rash
Sprains, strains, cuts, and bruises
Drivers and Pedestrians Have the Same Responsibility To Pay Due Attention
All road users have the same duty of care when using the highways, whether they are motorists or pedestrians. This is why it is so difficult to assign blame for the entire fault of the accident to one person.
One thing that all road users are expected to do is to obey traffic laws. Of course, pedestrian accidents will still happen even when all the road rules are being followed, but the frequency will be much less, and so will the number of fatalities.
Drivers and pedestrians have the responsibility to act with reasonable care whenever they are on the roadway. If either party fails to do so, or their actions result in the injury or death of fellow road users, they will be held liable to the victims.
With duty of care, even in situations where something beyond the control of either party happens, there will be a sufficient chance to either avoid the accident or at least lessen its severity.
Comparative Fault for the Accident
When shared fault for the accident is the final decision from the courts, the consequences for the liable parties vary from state to state. In Missouri, what this means is that the victim of the pedestrian accident will not receive as much compensation as they initially hoped for.
Comparative fault can either be pure comparative negligence or modified comparative negligence.
In the first scenario, pure comparative negligence means that the court will assign a specific percentage of fault for the accident to each party. If the plaintiff is found to be, for example, 20% at fault for the accident, the at-fault party will be required to pay only 80% of the damages.
Modified comparative negligence takes this allocation of blame a step further by saying the plaintiff will only receive compensation up to a certain point, which is usually 50% of the blame. What this means is, if the plaintiff is found to be more than 50% at fault, they will not recover compensation.
When Is a Pedestrian at Fault for a Car Accident?
In a pedestrian-car accident, the pedestrian can be found to be at fault for the following reasons:
Walking When Intoxicated
Although the focus is usually on the driver whenever intoxication is an issue, a lot of times pedestrian accidents have been caused by people walking along the road while intoxicated with alcohol or drugs.
When a pedestrian is intoxicated, they can fail to notice or understand road signs, or even blindly stubble into the road and get hit by a passing motorist.
Jaywalking
In many states, there are traffic laws that prohibit jaywalking, but these are rarely enforced. There is even some debate about possibly removing jaywalking laws entirely.
However, one certain thing is that many pedestrian-car accidents happen when people are hit by cars while either walking on or crossing the street at undesignated crossing points.
In such areas, drivers would not be able to anticipate that a pedestrian will suddenly step onto the road and therefore will be unable to stop in time.
Crossing the Street Without Due Caution
Even when pedestrians are crossing the street in the correct areas, they still need to pay attention to the road signs to make sure that they have the right of way. If a pedestrian accident is caused by a person crossing the intersection when there is a red light, it is they who will be at fault for the car accident.
Trespassing in Prohibited Areas
Sometimes, a car-pedestrian accident will take place in an area where pedestrians are not allowed to be walking. In such cases of trespassing, the driver cannot be held liable because there is no way they can be expected to come across a pedestrian in such places.
Intentionally Steps Into Traffic
Sadly, a lot of car-pedestrian accident fatalities have been caused by people intentionally stepping in front of a moving vehicle. The reasons for this behavior can be either suicide attempts or some mental issue the victims will be suffering from.
In either case, the drivers usually have no time at all to react and so the pedestrian accident will be unavoidable.
When Is It Considered the Driver’s Fault in a Pedestrian Accident?
On the flip side of the coin are the scenarios in which the driver is the one to blame for the pedestrian-car accident, such as:
Driving While Intoxicated
One of the most common reasons for hitting innocent pedestrians and one that a good auto accident attorney in St Louis will look at very closely is driving while intoxicated. Usually, the attending law enforcement officials will ask the driver to take a sobriety test at the accident scene to determine their blood alcohol toxicity levels.
Speeding and Reckless Driving
It is difficult to exercise reasonable care when one is speeding or driving recklessly. In such cases, a pedestrian accident lawyer will usually depend on witness statements to prove that the driver was driving without due caution when the accident occurred.
Distracted Driving
Many traffic accidents, not just those involving pedestrians, are caused by distracted driving, of which the most common culprit is driving while texting. When driving while focusing on their phones, drivers can completely miss a traffic signal or fail to see a crossing pedestrian.
Failure To Yield Right of Way
Whenever a driver approaches a marked crosswalk, they must give way to crossing pedestrians. Sometimes a case can be made for contributory negligence if the pedestrian crosses without care, but the accident can be avoided entirely if either party was willing to yield the right of way.
Not Obeying Road Signs and Signals
Many traffic accidents that result in the injuries or death of pedestrians can be avoided if drivers obey the road rules. Simple things, such as giving way to pedestrians at a designated crosswalk can save a lot of lives.
How To Prove Fault in Missouri Pedestrian Accidents
Proving a pedestrian's negligence in a personal injury lawsuit is not an easy task. It usually comes down to the available evidence and the experience of the personal injury lawyer. In that regard, the following are some of the tools used by an experienced pedestrian accident attorney to win an individual injury case:
Eye Witnesses
The statements given by eyewitnesses play a vital role in proving negligence on the part of the at-fault pedestrian. Witnesses can describe the details of the accident to show that the driver had no way of stopping in time to avoid hitting the pedestrian.
Of course, the downside is that the legal team representing the insurance company may also have its own witnesses who give a different version of events. Without the expertise of experienced personal injury lawyers, eyewitness accounts may not be enough to prove that the pedestrian caused the accident.
Photographs and Videos
One of the best ways to provide undeniable evidence is to use photographs of the accident scene to illustrate where the accident happened and how the pedestrian caused it to happen.
Many designated crosswalks also have camera surveillance which will provide video footage of the accident.
Expert Witnesses
It can take the testimony of an expert witness to finally convince the jury that either the driver or the pedestrian caused the accident to happen.
What To Do After an Accident Involving a Pedestrian
The steps taken immediately after a pedestrian-car accident happens have a huge impact on the chances of winning the personal injury case. Thus, the following are the essential steps that need to be taken:
Stay calm and check the severity of any injuries
Call the police and medical services
Seek medical attention
Collect necessary evidence, such as photographs, witness statements, and a police report
Contact Powell Law Firm for help
How Can a Personal Injury Lawyer Help?
There are many ways personal injury lawyers can help, especially when dealing with cases of contributory negligence where the skills of the attorneys will be needed more than ever.
A pedestrian accident attorney can help with the following:
Legal Representation
When dealing with insurance adjusters and the legal team representing the insurance company, hiring the legal services of expert attorneys is the most important thing that accident victims can do.
Win Damages
The amount that can be expected for compensation should be discussed during the free consultation so that the victims have a clear idea of what they are fighting for. Even as a passenger in an accident, a person can still file a claim. A good pedestrian accident lawyer can win the following damages for their client:
Economical Damages
These are monetary damages that will be awarded to the victims to cover:
Medical bills
Lost wages
Property damage
Wrongful death
Non-economic damages
Some damages are not easy to quantify in a monetary settlement. Such non-economic damages will be determined by the judge to compensate the victim for:
Pain and suffering
Loss of companionship
Punitive Damages
In cases where the actions of the at-fault party are found to be particularly malicious, the court may award further punitive damages to the victims to make up for their suffering.
How Much Is a Pedestrian-car Accident Claim Worth?
It is difficult to estimate the possible amount that may be awarded as compensation in a pedestrian-car accident case because each situation is different. However, for the most part, a personal injury lawyer will look at the following:
The severity of the injuries
Lost income
Medical bills
Pain and suffering
Any circumstances that may warrant punitive damages
The Powell Law Firm Can Assist
With so many things to consider when determining fault in a pedestrian accident, victims need to hire Powell Law Firm for top-tier legal services. It is not an easy thing to prove negligence, especially when the opposing insurance company is fighting tooth and nail to avoid paying damages.
Powell Law Firm can also help answer any questions regarding traffic laws, such as the difference between truck and car plates in Missouri.
In such cases, the victim needs a reliable team of personal injury lawyers with a proven track record of taking down stubborn insures and helping their clients walk away with millions of dollars in damages. In Saint Louis, Missouri, only one name fits that bill, and that is Powell Law Firm.