Kansas City, MO Pedestrian Accident Lawyer

Every year, negligent motorists fail to obey traffic laws or drive safely, leading to serious, sometimes fatal collisions. Many of these accidents involve pedestrians, who are especially vulnerable to severe injuries.

If you were injured while walking in Kansas City, you may be entitled to financial compensation. In these situations, the lawyers at Fowler Pickert Eisenmenger Norfleet can help. For years, our Kansas City pedestrian accident attorneys have fought for the rights of injured people—and will work tirelessly to hold the at-fault driver accountable.

Why Choose Our Pedestrian Accident Lawyers?

Causes of Pedestrian Accidents in Kansas City

Causes of Pedestrian Accidents in Kansas City

Pedestrian accidents frequently happen at crosswalks, intersections, driveways, parking lots, and garages. These collisions can occur due to several factors, such as poor weather, low visibility, and road defects. However, many pedestrian accidents happen because of the negligence and carelessness of a motorist.

Below are some of the most common causes of pedestrian accidents:

Common Injuries in Pedestrian Accidents

Compared to larger motor vehicles, pedestrians are much smaller and lack the same protections. During a collision, a pedestrian can suffer serious and life-altering injuries that can greatly affect his or her quality of life. If you were injured in a pedestrian accident, you may require ongoing, intensive medical care and develop permanent impairments.

Even if a car hits you at a low rate of speed, you can suffer severe injuries, such as the following:

Legal Options for Injured Pedestrians in Kansas City

Missouri, like most states, has a fault-based system for road accidents. If a driver negligently causes a collision, he or she would be financially responsible for any damages that the victims suffered. These victims may include other drivers, passengers, cyclists, and pedestrians.

As an injured pedestrian, you have the right to file an insurance claim or a personal injury lawsuit against the driver who caused your accident. Most cases start in the insurance process but escalate to a lawsuit if the claim is unsuccessful or fails to yield an adequate settlement. In certain circumstances, filing a lawsuit is the best course of action, such as when you suffer damages that exceed the policy limits of the at-fault driver.

How to Prove a Pedestrian Accident Claim in Missouri

To recover compensation in a pedestrian accident claim, you need to show that the at-fault party caused your accident and the damages that you suffered. During the insurance process, you and your attorney will present evidence to a company representative, who will review these documents and issue a decision in your case. 

To file a successful personal injury lawsuit, you will need to prove four important facts:

What If You Are Injured by a Hit-and-Run Driver?

After a pedestrian accident, Missouri law requires all parties to stop, provide assistance if necessary, and exchange information with anyone else who was involved. Unfortunately, not all drivers obey this important rule and flee the scene of the accident. 

This act turns a normal pedestrian accident into a hit-and-run. If you were injured by a hit-and-run driver, you may wonder what to do next. You do not know who the driver is, so you cannot file a lawsuit or insurance claim against him or her. 

Depending on your situation, you could pursue a claim under your own insurance policy, provided that you have the appropriate coverage. Your pedestrian accident lawyer can also conduct a full investigation into the collision and work to identify the at-fault driver.

If you were hit by a hit-and-run driver, take the following steps to protect yourself and your future claim:

Damages You Can Recover After a Kansas City Pedestrian Accident

When filing a pedestrian accident claim, you may wonder how much compensation you can expect to receive. This is one of the most common questions our lawyers hear, but the answer is not as straightforward. Damages in pedestrian accident claims depend on the individual losses that you suffered.

Your attorney from Fowler Pickert Eisenmenger Norfleet can help you calculate your potential damages and explore all possible avenues to compensation. Generally, you have the right to recover two types of damages: economic and non-economic.

Economic, Non-Economic, and Punitive Damages

Economic damages refer to the tangible monetary losses that you suffered as a result of the accident. These may include medical expenses, lost wages, property damage, disability accommodations, and the loss of future earning capacity.

On the other hand, non-economic damages involve the pain and suffering that you endured in the collision. This pain and suffering may be physical, such as permanent disability and ongoing pain. These damages may also be emotional, such as mental anguish, depression, anxiety, and a loss of quality of life.

In some situations, you may qualify for a third category known as punitive damages. In Missouri, these damages are awarded when the defendant intentionally harmed a plaintiff without just cause or shows a flagrant and deliberate disregard for the safety of others. Punitive damages aim to punish the defendant rather than reimburse the victim for his or her losses.

Comparative Negligence in Missouri Pedestrian Accident Claims

To limit his or her liability, the at-fault driver may claim that a pedestrian was partially responsible for the accident. The driver may accuse the pedestrian of jaywalking, walking while distracted, or using alcohol or drugs at the time of the collision. If the court accepts this claim, the final settlement may be at risk.

Missouri follows a pure comparative negligence statute in these situations. Under this law, the court will reduce the plaintiff’s award by the percentage of fault he or she shares. The victim can recover a settlement even if he or she was 99% at fault.

For example, say that you file a claim for $100,000 in damages. The court discovers that you were jaywalking at the time of the accident and assigns 40% of the liability to you. You would only recover $60,000 instead of the full $100,000.

If you find yourself in this situation, you need an attorney from Fowler Pickert Eisenmenger Norfleet on your side. Your pedestrian accident lawyer can help defend you against accusations of shared fault and advocate aggressively for your right to full compensation. 

Statute of Limitations on Pedestrian Accident Claims in Missouri

In Missouri, you have five years from the date of your pedestrian accident to file a lawsuit against the at-fault driver. If you file your lawsuit after this date, the court will most likely dismiss your case—preventing you from recovering compensation. To protect your future case, contact Fowler Pickert Eisenmenger Norfleet to identify your filing deadline and initiate your pedestrian accident claim.

What to Do After a Pedestrian Accident in Missouri

After a pedestrian accident, your first priority should be your health and safety. Call 911 to report the accident to the police and go to the hospital as soon as you can. You should always visit the hospital after a pedestrian accident, even if you do not feel injured; some injuries have delayed symptoms, and waiting to seek treatment could be extremely dangerous.

If you can collect evidence from the scene of the crash, you should take steps to do so. Take photographs and videos of your injuries and the accident from multiple angles. Exchange contact and insurance information with the other people involved in the collision. If any witnesses saw the accident happen, collect their contact details as well.

Once you have received medical care for your injuries, contact a pedestrian accident lawyer from Fowler Pickert Eisenmenger Norfleet. Your attorney will investigate your case and take the first steps toward filing your claim and recovering the compensation that you deserve.

Do You Need a Lawyer for Your Pedestrian Accident Claim?

After a pedestrian accident, many people wonder if they need to hire a lawyer to handle their claims. These cases can seem fairly straightforward—but, in these situations, hiring an attorney is incredibly important. A pedestrian accident lawyer can provide much-needed support and guidance throughout your claim and will work tirelessly to protect your best interests and secure the best possible outcome in your case. 

Hiring an attorney can benefit your case in several ways:

Contact Fowler Pickert Eisenmenger Norfleet Today

If you were injured in a pedestrian accident, trust the lawyers at Fowler Pickert Eisenmenger Norfleet. Our Kansas City pedestrian accident lawyers will work tirelessly to recover the compensation that you deserve. Contact us today at (816) 832-4688 to schedule a free case consultation and learn more about your legal options.