Springfield Pedestrian Accidents Attorneys

Fighting For Those Who Have Been Injured As a Pedestrian in Missouri

The human body is not equipped to withstand the force of being struck by a motor vehicle. Accident victims frequently sustain brain injuries, paralysis, broken bones, and other serious injuries. If you or someone you love has been injured in a crash, the injury attorneys of Lowther Johnson Attorneys at Law, LLC can investigate the cause of the pedestrian accident, negotiate aggressively with the insurance company, and work diligently to obtain the compensation to which you are entitled.

Injured in a pedestrian accident? You may be entitled to compensation. Contact us today at (417) 557-3407 for a free consultation.

Understanding Pedestrian Accident Statistics in Missouri

In 2011, 75 pedestrians were killed, and 1,377 were injured in Missouri traffic accidents. This means one person was killed or injured in a pedestrian traffic crash every 6.0 hours in the state.

Careless drivers are frequently to blame for pedestrian crashes. Common causes include:

• Driving under the influence of drugs or alcohol
• Speeding or aggressive driving
• Distracted driving, such as texting or talking on a cell phone while driving
• Failure to obey stop signs and traffic signals
• Right-of-way violations at intersections or crosswalks
• Inattention while backing out of a driveway, alley, or parking space

Determining Liability in Pedestrian Accidents

Under Missouri law, both pedestrians and drivers have certain legal obligations. For example, drivers must exercise due care to avoid colliding with any pedestrian and take extra precautions when encountering a child or incapacitated adult. In addition, drivers must yield the right of way to pedestrians in both marked and unmarked crosswalks. When another driver stops to allow a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear must not overtake and pass the stopped vehicle.

At the same time, pedestrians are required to use common sense, such as looking both ways before crossing and walking on sidewalks where available. Pedestrians crossing at an intersection must also obey “Walk” and “Don’t Walk” signals. When not crossing at a crosswalk, the pedestrian must yield the right of way to all vehicle traffic.

Severe Injuries from Pedestrian Accidents

Pedestrians are lucky to walk away from a truck or auto accident unscathed. According to the state of Missouri’s 2011 traffic crash statistics, 91.2 percent of pedestrian crashes resulted in a death or personal injury. Common injuries include head trauma, fractures, contusions, internal injuries, back and neck injuries, and abrasions. In the most serious crashes, victims may suffer more dire consequences, such as permanent brain damage or paralysis.

Recovering Damages in a Pedestrian Accident

When you've suffered injuries in a pedestrian accident, you may be entitled to various types of damages. Potential damages may include:

• Medical Expenses: Pedestrian accidents often lead to serious injuries, necessitating immediate medical attention and ongoing treatment. Recovery for medical bills, hospital stays, surgeries, rehabilitation, and any future medical costs related to your injuries.
• Lost Wages and Future Earnings: If your injuries stop you from working, you may be entitled to compensation for lost wages.
• Pain and Suffering: Physical injuries are often accompanied by emotional distress and pain.
• Property Damage: If personal belongings or clothing were damaged in the accident or lost personal items, you may be qualified for compensation for property damage.
• Wrongful Death Damages: In tragic cases where a pedestrian accident results in the loss of life, surviving family members could pursue wrongful death damages, including funeral costs, loss of companionship, and other related costs.
• Punitive Damages: In extreme negligence or willful misconduct, the court may grant punitive damages to penalize the liable party and prevent similar conduct.

Common Locations for Pedestrian Accidents in Springfield

Pedestrian accidents can happen anywhere, but certain locations pose a higher risk due to traffic congestion, poor visibility, or driver negligence.

• Busy intersections with heavy traffic – Crosswalks at major intersections can be dangerous, especially when drivers fail to yield or run red lights.
• Crosswalks near shopping centers or schools – High foot traffic areas increase the chances of pedestrian accidents, particularly when drivers are distracted or in a hurry.
• Parking lots where drivers may not see pedestrians – Many accidents happen in parking lots due to vehicles backing up without checking for pedestrians.
• Residential areas with no sidewalks – Pedestrians are forced to walk on the road, making them more vulnerable to being struck by vehicles.
• Roadways with poor lighting at night – Low visibility increases the risk of accidents, especially if pedestrians are wearing dark clothing.

Missouri Pedestrian Laws and Your Rights

Pedestrians and drivers both have responsibilities under Missouri law. Understanding these rules can help determine fault in an accident.

• Right-of-way rules for pedestrians at crosswalks – Pedestrians generally have the right-of-way in marked crosswalks, but they must still exercise caution.
• Responsibilities of drivers to prevent pedestrian collisions – Drivers must be vigilant, yield to pedestrians, and take extra care in school zones and high-foot-traffic areas.
• When a pedestrian may be held partially at fault – If a pedestrian crosses outside of a crosswalk, walks while distracted, or ignores traffic signals, they may share responsibility for an accident.
• Missouri’s comparative fault rule and how it affects claims – If a pedestrian is partially at fault, their compensation may be reduced based on their percentage of fault.

What to Do After a Pedestrian Accident

Taking the right steps after a pedestrian accident can protect your health and legal rights.

• Seek medical attention immediately, even if injuries seem minor – Some injuries, like internal trauma or concussions, may not be immediately apparent.
• Call law enforcement to file a report – A police report provides an official record of the accident, which can be crucial for an injury claim.
• Gather witness information and take photos of the scene – Witness statements and photographic evidence can help establish what happened.
• Avoid speaking with insurance companies before consulting a lawyer – Insurance adjusters may try to minimize your claim. A lawyer can help protect your rights.
• Keep records of all medical treatments and expenses – Proper documentation ensures that you can seek full compensation for medical bills, lost wages, and other damages.

Statute of Limitations for Pedestrian Accident Claims in Missouri

Time is of the essence when pursuing a pedestrian accident claim in Missouri. The statute of limitations helps dictate the timeframe within which legal action must be initiated. In the state of Missouri, the statute of limitations for personal injury lawsuits, including pedestrian accidents, is generally five years from the date of the incident.

It's important to note that exceptions may apply in certain situations, such as cases involving government entities. Therefore, it is imperative to consult with experienced Springfield pedestrian accident lawyers at Lowther Johnson Attorneys at Law, LLC, to ensure compliance with the applicable statute of limitations and increase the likelihood of a successful claim.

Frequently Asked Questions (FAQ) About Pedestrian Accidents in Missouri

What if the driver who hit me fled the scene?

• If the driver left the scene without stopping (hit-and-run), report the accident to the police immediately. If possible, try to remember details about the vehicle, such as the color, make, model, or license plate number.

What if I was partially at fault for the accident?

• Missouri’s comparative negligence law allows you to recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of responsibility. For example, if you were found to be 20% at fault, your settlement would be reduced by 20%.

How long do I have to file a pedestrian accident claim in Missouri?

• In Missouri, the statute of limitations for personal injury claims, including pedestrian accidents, is five years from the date of the accident. If you don’t file a claim within this period, you may lose your right to seek compensation. However, there are exceptions, so it's best to speak with an attorney as soon as possible.

Can I file a claim on behalf of a loved one who was severely injured?

• Yes. If your loved one is incapacitated due to a pedestrian accident, you may be able to file a claim on their behalf as a legal representative. Additionally, if the accident resulted in a wrongful death, surviving family members may pursue compensation for funeral expenses, lost income, and emotional suffering.

Will my case go to trial?

• Most pedestrian accident cases are resolved through negotiations with insurance companies and do not require a trial. However, if the insurance company refuses to offer a fair settlement, your attorney may recommend taking the case to court to seek full compensation.

How much does it cost to hire a pedestrian accident lawyer?

• Most personal injury lawyers, including pedestrian accident attorneys, work on a contingency fee basis. This means you don’t pay any upfront fees, and the attorney only gets paid if they successfully recover compensation for you. The fee is typically a percentage of your settlement or court award.

Get in Touch with Our Springfield Pedestrian Accident Attorneys

At Lowther Johnson Attorneys at Law, LLC, our seasoned pedestrian accident lawyers in Springfield help injury victims recover from serious pedestrian collisions. Whether negotiating with the insurance company or pursuing your case at trial, we work diligently to obtain full and fair compensation on your behalf. 

Don’t let insurance companies undervalue your claim. Our experienced attorneys are ready to fight for you. Contact us at (417) 557-3407 now!