Who Is at Fault in a Pedestrian Accident - MO Law

Some of the most devastating and difficult motor vehicle accidents are those involving pedestrians. In most cases, a pedestrian accident results in very serious injuries or fatalities. In most accidents, the people involved are contained inside of the car, which usually gives them some type of protection. In the case of a pedestrian accident, however, there is nothing protecting them, which is why a pedestrian accident case can be so devastating.

When this type of accident occurs, the first thought that many people have is this: Who is at fault?

It's not always easy to answer this question, as many factors go into determining liability. Because of this, it's important for those involved in an accident like this to start working with a pedestrian accident attorney as soon as possible.

Powell Law Firm can help those who have been injured in a pedestrian accident file a personal injury lawsuit and seek compensation for their injuries. They can explain who is at fault in a bicycle accident MO as well.

Car Accident Law in Missouri - How it's Applied in a Pedestrian Accident Case

Missouri is a pure comparative fault state, which means more than one person can share the fault in an accident. it also means that even if a person is found to be partially at fault, they can still recover fair compensation.

In general, both drivers and pedestrians are required to exercise reasonable care. This means that drivers must yield to pedestrians at a crosswalk, obey traffic laws, and remain alert. Pedestrians must follow traffic signals, stay in crosswalks, use sidewalks, or stick to safe paths.

When a pedestrian accident occurs, fault is not automatically assigned. Instead, the situation will be researched by investigators, insurance adjusters, and the courts to determine fault. For more information, St Louis personal injury law firm may be able to help.

When the Driver Is at Fault

In most pedestrian accidents, the driver is found to be at fault, especially if the accident occurs in a crosswalk or residential area. Since drivers must yield to those in a crosswalk, if they hit the pedestrian, the driver is usually at fault. Here are some specifics:

1. Failure to Yield at Crosswalks or Intersections

Missouri law states that drivers must yield the right of way to pedestrians who are lawfully crossing the street as long as they are walking through marked crosswalks, unmarked crosswalks at intersections, school zones, and around crossing guards.

A person can file a pedestrian accident claim if the driver doesn't slow down, stop, or allow the pedestrian to walk safely across the street.

2. Speeding or Distracted Driving

If the driver is speeding or distracted, Missouri courts often consider this negligent driving, which means they are the at fault party. A negligence claim due to a traffic violation can cover everything from medical bills to lost income.

3. Impaired or Reckless Driving

Driving under the influence of drugs and alcohol, or being reckless when behind the wheel, can lead to the driver being fully liable, and in some cases, with the help of a personal injury attorney, victims can sue for punitive damages, too.

4. Failing to Observe Residential or School Zones

In places where children are likely to be present — such as school zones, parks, and residential neighborhoods — drivers are held to an even higher duty of care. Speeding or failing to watch for pedestrians in these areas often leads to enhanced liability in traffic accidents.

Those who have been injured in an accident as a pedestrian should contact a pedestrian accident lawyer to start the legal process.

When the Pedestrian May Be at Fault

Though many times the driver is, indeed, found to be at fault, there are certainly times when a pedestrian is the at-fault party. In fact, even if a pedestrian is killed in a car accident like this, it's definitely possible that the driver wouldn't be found to be at fault at all.

Here are some examples when a pedestrian is at fault:

1. Crossing Outside of a Crosswalk

If a person crosses the street outside of a crosswalk, especially without crossing at an intersection, it's possible that they would be found partially or entirely at fault if they are injured.

2. Disobeying Traffic Signals

Those who cross against a red light or walk signal might be violating traffic laws. If there is a clear "Do Not Walk" sign, and the person walks into oncoming traffic, it can greatly reduce, or totally eliminate, the chance of recovering compensation.

3. Entering the Road Suddenly

If a pedestrian darts into the road unexpectedly, even the best driver may be unable to avoid a collision. Missouri courts often assess whether the pedestrian gave the driver enough time to stop or maneuver safely before assigning fault.

4. Walking While Distracted or Intoxicated

Just as distracted driving is dangerous, distracted walking — especially while wearing headphones or texting on a phone — can lead to misjudgments and slower reaction times. Similarly, intoxicated pedestrians may be less aware of traffic dangers and are more prone to risky behavior.

Comparative Fault in Missouri Pedestrian Accidents

In Missouri, pure comparative fault applies in these accidents. This means that even if the person and driver share liability, they can still get a fair settlement. Here's an example:

A pedestrian crosses in a dimly lit area at night, outside of a crosswalk. Meanwhile, the driver is going 10 mph over the speed limit and is not paying attention. A collision occurs and the pedestrian is injured.

In this case:

• The pedestrian may be found 40% at fault for crossing unsafely.

• The driver may be found 60% at fault for speeding and distraction.

• If the pedestrian’s total damages are $100,000, they could still recover $60,000 (their damages minus their percentage of fault).

This is why fault matters so much — and why working with a personal injury lawyer is critical to ensure the victim's percentage of fault is properly assessed and not exaggerated by insurers.

Proving Fault: What Important Evidence Matters

It doesn't matter if it's the pedestrian or the driver, proving who was at fault requires clear and persuasive evidence. Missouri law looks at all available facts, including:

• Traffic camera or surveillance footage

• Witness statements

• Video footage from security cameras from nearby businesses

• Police reports

• Photos or diagrams of the accident scene

• Skid marks, road conditions, or visibility issues

• Location of injuries or vehicle damage

In complex or disputed cases, an experienced attorney may bring in accident reconstruction experts to determine speeds, angles, and distances involved. This often helps to lead to a successful claim.

How Powell Law Firm Can Help

Those who have been hit by a car while walking, or their family member in a wrongful death claim, have legal rights to collect both economic and non-economic damages. These include covering the cost of medical expenses/medical treatment, lost wages, property damage, emotional distress, physical injuries, and much more.

Powell Law Firm does all of this and much more for their clients:

• Launch a full investigation into the cause of the accident

• Gather evidence necessary to establish fault

• Deal directly with insurance companies on your behalf

• File claims and lawsuits to pursue maximum compensation

• Represent you aggressively in court if necessary

An injured pedestrian should first seek medical attention following an accident, and then contact the Powell Law Firm for a free consultation.