St. Louis Car & Pedestrian Accident Attorneys
We’re all aware of the increased benefits walking, jogging, or running has on our overall health. It also increases your risk of catastrophic injury if involved in a pedestrian/vehicle motor accident.
Serious injuries or death can result from a pedestrian being hit by a vehicle at low and high speeds. In 2017 more than 16 people a day, almost 115 pedestrians were killed in traffic-related crashes, according to the National Highway Traffic Safety Administration (NHTSA).
If you or a family member find yourself a victim of one of these accidents, understanding how fault is determined will help you receive the compensation you deserve.
How is Fault Determined in a Pedestrian/Vehicle Accident?
In Missouri, pedestrians are expected to take a reasonable level of responsibility for their own safety. Expected to obey traffic signals/signs, yield to traffic when expected, and use crosswalks or sidewalks when available In return, a pedestrian expects motor vehicle drivers to have an even deeper concern for safety and follow the road rules. When a pedestrian is hit by a car/truck in a crosswalk or intersection, determining fault can be simple. In determining fault, remember, a vehicle’s driver is held to a higher standard of care than the pedestrian.
Can a Pedestrian Be at Fault for a Car Accident?
If it is proven that a pedestrian’s negligence contributed to the accident assessing fault becomes more complicated. For example, if someone is jaywalking or impaired, the pedestrian’s decision-making process can contribute to the accident. Other situations where a pedestrian may contribute to an accident include:
- Crossing highways, bridges, or areas where pedestrians have no legal access
- Jumping out in front of a moving vehicle in a manner that prohibits time for the drive to react to avoid the collision
- Wearing dark clothing at night reducing visibility
- Failing to look or listen due to distraction by a mobile device
Even in such cases, the injured pedestrian may still be eligible for some amount of compensation. Because the vehicle’s driver is held to a higher standard of safety than the pedestrian, the insurance company will likely make a Comparative Fault assessment. This is when the fault is divided and shared between both parties.
Is the Driver Always at Fault in a Pedestrian Accident?
In some instances, when the accident occurred due to poor city planning or negligence in replacing broken traffic or street lights, a claim against the municipality or city where the accident occurred may be an option. A personal injury attorney skilled in pedestrian/vehicle accidents will help you determine if this is an option after careful investigation.
How Can You Prove Fault in a Pedestrian/Vehicle Accident?
There are several ways to prove who is at fault. Witness testimony is one of the best. Collect surveillance video from nearby businesses, homes, or dash cameras for an unbiased view of the crash. Additionally, a personal injury attorney may also use a Crash Data Recorder (CDR) to retrieve crash data from the driver’s vehicle’s safety system, helping the attorney understand factors leading to the impact that may have contributed to the crash.
Looking for a Pedestrian/Vehicle Accident Attorney in St. Louis?
Becoming victim of a pedestrian-vehicle accident can completely change your life, impact your family, and leave you with an extraordinary financial burden. You should not be left to deal with the consequences of someone else’s negligent actions. The team at Finney Injury Law can help. If you are in need of a St. Louis personal injury attorney call us today for a free consultation 314-293-4222.