Getting hit by a car on foot is one of the most traumatic things a person can go through. Unlike drivers, pedestrians have no vehicle frame or airbags protecting them from an oncoming vehicle, which can result in severe injuries, significant medical expenses, and lengthy recovery periods. At Naji Injury Law, our Missouri pedestrian accident attorneys represent people who were hurt through no fault of their own, and we fight to make sure insurance companies don't shortchange them on what they're owed.
If you or a family member was struck by a vehicle in Missouri, call us at (314) 931-5016 for a free consultation. There's no cost to talk through your situation, and no fee unless we recover compensation for you.
How Missouri Law Defines Pedestrian Right of Way
Under Missouri law, pedestrians have the right of way in certain crosswalk situations, while traffic signals and other traffic-control devices can determine when pedestrians and drivers may proceed. Pedestrians also have legal responsibilities, and understanding both sides can matter to a pedestrian accident claim.
Missouri's traffic statutes require drivers to yield to pedestrians in specified crosswalk situations, including by slowing or stopping when necessary to yield the right of way. At intersections with traffic signals, pedestrians crossing with the signal have the right of way, and drivers making turns must yield. Drivers who fail to obey stop signs, ignore traffic signals, or simply don't watch for people on foot can be held liable when a collision results.
At the same time, Missouri follows a pure comparative fault doctrine in tort cases. That means even if you were partially at fault, say, crossing mid-block or outside a crosswalk, you can still recover compensation, but your award is reduced by your percentage of fault. Insurance companies routinely try to inflate a pedestrian's share of blame to minimize payouts, so how your conduct is characterized can significantly affect your outcome.
Where Pedestrian Collisions Happen Most Often in Missouri
Missouri pedestrian accidents can occur at intersections, in parking lots, along roadway shoulders, and in areas with poor visibility or heavy vehicular traffic, particularly where drivers fail to anticipate people on foot.
Common collision scenarios include:
- Crosswalk strikes: Drivers making right-hand turns are among the common causes of pedestrian collisions at intersections, often because they're watching for vehicles in cross-traffic and miss pedestrians crossing.
- Parking lot collisions: Many people assume parking lots are low-risk, but slow-moving vehicles and visual obstructions create real hazards. Pedestrians crossing between parked cars are frequently struck by drivers who don't slow down.
- Shoulder and roadway strikes: Pedestrians walking along roads without sidewalks face serious risk, especially at night or in conditions with poor visibility. Drivers who are speeding or distracted may not see someone until it's too late.
- Distracted driving strikes: A driver looking at a phone, adjusting a radio, or reaching for something in the car can travel an entire intersection length without seeing a pedestrian. Distracted driving can significantly increase the risk of a pedestrian collision because a driver's attention may be diverted from the roadway and people on foot.
- Backing vehicle collisions: Drivers reversing out of driveways or parking spaces often can't see pedestrians, especially children, who are directly behind the vehicle.
Common Injuries in Missouri Pedestrian Accident Cases
Pedestrian accident injuries tend to be severe because the human body absorbs the full force of a vehicle collision, and common injuries include traumatic brain injuries, broken bones, spinal damage, and internal injuries that can cause permanent disability.
Pedestrians have no protection when struck by a car, and serious collisions routinely produce injuries that change lives. Injuries commonly associated with pedestrian accidents include:
- Traumatic brain injuries (TBI): A pedestrian's head can strike the hood, windshield, or pavement with tremendous force. TBIs range from concussions to severe brain damage, and symptoms may not fully appear until days after the collision.
- Broken bones: Fractures to the legs, pelvis, arms, and ribs are extremely common in pedestrian accidents. Some require surgery and months of rehabilitation.
- Spinal cord injuries: Damage to the spine can cause partial or complete paralysis, altering every aspect of a person's life and requiring ongoing medical care.
- Internal organ damage: The force of impact can rupture organs or cause internal bleeding that isn't immediately visible but requires emergency intervention.
- Soft tissue injuries: Torn ligaments, muscle damage, and nerve injuries can be debilitating even when they don't show up clearly on imaging.
Seek immediate medical attention after any pedestrian collision, even if you feel relatively okay. Adrenaline masks pain, and delayed treatment can both harm your health and complicate your legal claim.
What a Missouri Pedestrian Accident Claim Must Prove
In a negligence-based Missouri pedestrian accident claim, the injured person generally must establish that the defendant owed a duty of care, breached that duty, and that the breach caused legally compensable harm.
Missouri personal injury law generally requires the following elements for a successful negligence claim:
1. Duty: All drivers owe a legal duty of reasonable care to pedestrians, including the obligation to obey traffic signals, yield at crosswalks, and watch for people on foot.
2. Breach: The at-fault driver (or another party) violated that duty, whether through speeding, distracted driving, running a red light, or some other negligent act.
3. Causation: The breach directly caused the collision and resulting injuries, not an independent factor.
4. Damages: You suffered actual harm: physical injuries, medical expenses, lost wages, emotional distress, or other compensable losses.
Driver negligence is the most common basis for pedestrian accident claims, but other parties may potentially bear responsibility depending on the circumstances. These can include a property owner whose conduct contributed to a dangerous condition or an employer that may be legally responsible for an employee's conduct while acting within the scope of employment. Claims involving governmental entities can also be subject to Missouri's sovereign-immunity rules and statutory exceptions.
Building the Evidence for Your Pedestrian Accident Case
The strength of a Missouri pedestrian accident claim depends on the evidence gathered, including police reports, witness statements, traffic camera footage, physical evidence from the scene, and medical records, all of which can play a role in establishing what happened and who was at fault.
Evidence in pedestrian accident cases can disappear quickly. Traffic cameras overwrite footage. Skid marks fade. Witnesses become harder to locate. A thorough investigation should begin as soon as possible after the collision. The most critical evidence types include:
- Police reports: The responding officer's report may document the scene, record statements, and contain information relevant to how the collision occurred. Obtain a copy when available.
- Witness statements: Bystanders who saw the collision can corroborate what happened, especially if the at-fault driver disputes their role.
- Traffic camera footage and dashcam video: Available camera footage can provide valuable evidence about how the collision occurred, including traffic signals, vehicle movements, and the location of the impact. Depending on the footage, it may also provide information relevant to vehicle speed.
- Physical evidence: Vehicle damage patterns, debris location, and skid marks help reconstruct the collision sequence and establish where each party was at impact.
- Medical records: Your treatment records link the collision directly to your injuries, which is essential for both proving the case and calculating damages.
Naji Injury Law can assist with investigating a pedestrian accident claim, including identifying available evidence and taking steps to preserve relevant records and witness information.
Compensation Available to Pedestrian Accident Victims
Depending on the circumstances of the case, Missouri pedestrian accident victims may seek compensation for medical expenses, future medical costs, lost wages, lost earning capacity, pain and suffering, and other legally compensable losses related to their injuries.
Insurance companies routinely offer quick, low settlements to accident victims before the full extent of injuries is known. Accepting early leaves money on the table for costs that haven't shown up yet. A complete pedestrian accident claim accounts for:
- Current and future medical costs: ER visits, surgery, imaging, physical therapy, and any ongoing treatment your injuries require.
- Lost wages and lost income: Time missed from work while recovering, and if your injuries affect your earning capacity long-term, that future loss is also compensable.
- Pain and suffering: Physical pain, diminished enjoyment of life, and the psychological toll of life-altering injuries are real damages under Missouri law.
- Emotional distress: Emotional and psychological injuries resulting from a serious collision may be considered as part of a personal injury claim when supported by the facts and applicable law.
- Wrongful death damages: When a pedestrian collision is fatal, eligible beneficiaries or the personal representative may pursue a wrongful death claim, depending on Missouri's wrongful death laws. Recoverable damages can include certain funeral expenses and losses related to the decedent's support, services, companionship, and other legally recognized losses.
Insurance adjusters are skilled at keeping settlements low. Having experienced attorneys handle insurance negotiation levels the playing field and helps ensure you're pursuing the full value of your claim rather than the first number an adjuster offers.
Missouri's Statute of Limitations for Pedestrian Accident Claims
Missouri generally provides a five-year statute of limitations for personal injury actions arising from a pedestrian collision, although exceptions and different deadlines may apply depending on the circumstances of the claim. Waiting to act can also make it more difficult to preserve important evidence.
Missouri's statute of limitations for personal injury claims is set out in Missouri Revised Statutes § 516.120. While five years is more generous than many states, that window can close faster than it seems when you're focused on recovery. Claims involving governmental entities can be subject to additional requirements, including Missouri's sovereign-immunity rules and statutory exceptions, so the applicable deadlines and procedures should be evaluated based on the specific claim.
Starting your claim promptly protects your rights and keeps the best evidence available. The sooner a pedestrian accident case is investigated, the stronger the foundation for recovering fair compensation.
Talk to a Missouri Pedestrian Accident Lawyer, No Cost, No Pressure
A pedestrian collision can upend your life in an instant. The injuries are serious, the medical expenses mount quickly, and insurance companies aren't on your side. Naji Injury Law represents Missouri pedestrian accident victims with straightforward, honest legal representation focused on pursuing the compensation available under the facts and applicable law.
Call us at (314) 931-5016 or reach out online for a free case evaluation. We're real people who handle serious cases, and we're here to help you figure out your next step.
