MO Pedestrian Accident

Your Local Law Firm after a Pedestrian Crash

Pedestrian accidents can happen anywhere, but crosswalks and parking lots are the two most common locations. Innocent people are suddenly struck or even run over by negligent motorists who do not care about their safety. After a collision, you need immediate medical care and the type of steady legal representation and guidance that only an established law firm can provide.

At Call & Gentry Law Group, LLC, we are committed to helping accident victims recover from devastating injuries caused in pedestrian accidents. Those who walk to work, school, or the store confront many hazards, including poorly designed crosswalks and dangerous or negligent drivers. We can hold people accountable when their lack of care sends you to the hospital with crippling injuries. If you’re in the Kansas City area Call us today to speak with a Columbia pedestrian accident lawyer about your personal injury case and whether you can obtain financial compensation.

Pedestrian Accidents Are Common and Deadly

Here are 2020 pedestrian accident statistics from the National Highway Traffic Safety Administration:

• 6,516 pedestrians killed in the United States, which works out to 1 fatality every 81 minutes.
• 54,768 pedestrians were injured across the country, which is equal to 1 injured pedestrian every 10 minutes.
• 82% of all pedestrian fatalities occurred in urban areas.
• 47% of fatal pedestrian accidents involved alcohol.

Pedestrian accidents in Columbia, MO injure children, parents, the elderly, as well as University of Missouri students. No one is completely safe when walking.

What Causes Pedestrian Accidents in Columbia?

Most pedestrians are injured by dangerous drivers. These motorists fail to follow all safety rules, or they are distracted by something, possibly a phone. The most common causes include:

• Refusal to yield. If you are lawfully in a crosswalk, a driver must stop, even if they are in a hurry to get to their destination. Unfortunately, many drivers either blow through the red light or they try to scoot around a pedestrian, only to clip them.
• Impaired coordination or vision. Many different things can impair a driver, causing them to not hit the brakes in time. For example, poor visibility makes it harder for motorists to see pedestrians, especially at night. But drugs or alcohol can also impair visibility and delay reflexes.
• Distraction. Too many motorists are distracted by cell phones. Some distraction is cognitive, meaning the motorist is distracted even after they finish reading a message. They might “see” a pedestrian but not really register that someone is crossing in front of them.
• Speeding. The law of physics teaches us that the faster a car is going, the more space it needs to come to a full stop. Speeding motorists hit many pedestrians, causing some of the most horrific injuries.
• Illegal turns. A driver making a U-turn or left-on-red might not see a pedestrian in the crosswalk. There’s a reason these turns are illegal.

Types of Pedestrian Accident Injuries

The tremendous force generated by motor vehicles in these accidents can easily injure a pedestrian. Some injured pedestrians are even tossed into the air, and they suffer additional injuries when they hit the ground.

Our clients have struggled with:

• Skin abrasions and road rash
• Leg fractures
• Broken or dislocated hip bones
• Internal organ damage
• Concussions and traumatic brain injuries
• Brain hemorrhage
• Neck injuries
• Facial injuries
• Herniated discs
• Spinal cord injury, including paralysis

Immediate medical treatment can provide relief from pain and improve your ability to recover. However, serious injuries often require extensive medical treatment, as well as physical therapy and surgery.

How We Seek Compensation

Accident victims have options for seeking compensation following a crash:

• Make an insurance claim. If a motorist clipped you, we can typically submit a claim on their liability insurance, which Missouri requires.
• Sue the driver. We might also need to sue, especially if we cannot negotiate a settlement. Some insurers blame pedestrians for jaywalking to reduce your compensation.
• Submit a claim to a corporation that has liability. Sometimes the accident is the result of a defect on the vehicle that hurt you, such as brakes that fail. We might sue the manufacturer or a mechanic shop for faulty repairs.
• Submit a claim to the government. Some pedestrian accidents stem from inadequate lighting or poor crosswalk design. In those instances, the government might bear liability for your accident.
• Seek money from the Tort Victims’ Compensation Fund. This is an option if the driver is uninsured or fled the scene. The fund helps cover some of the costs associated with an accident of this nature.

At Call & Gentry, our pedestrian accident lawyers believe in seeking full compensation for our clients. We have requested money for medical bills, lost income, property damage, physical pain, and mental anguish. Contact us to discuss how much you might receive.

What is the Average Settlement for a Pedestrian Accident?

Our clients suffer serious injuries, so they are eager to know how much financial compensation they are likely to receive. Unfortunately, no accident lawyer has gathered settlement information for all Columbia, MO pedestrian accidents, so we don’t have any ability to calculate an “average.” Of course, Call & Gentry has handled many pedestrian accident claims, so we can talk generally about how much our clients have received in the past. Still, it’s probably best to drill down into the details about your economic and non-economic losses. What other people have received isn’t helpful at identifying what you will receive as compensation for:

· Medical expenses. You should receive compensation for any medical treatment for your injuries. This treatment can include diagnostic testing, including x-rays or MRIs. It also includes treatment such as surgery, anesthesia, a plaster cast, or prescription medication. To fully recover from a pedestrian accident, our clients might also need physical therapy or other rehabilitation. The defendant should also pursue compensation to cover these medical expenses.

· Lost wages or income. Your injuries could prevent you from working. Many people lose thousands of dollars a month after pedestrian accidents. Our legal team will seek compensation to cover any income loss related to a job.

· Expected future losses. Many of our clients suffer catastrophic injuries. They will need ongoing care due to long-term disabilities. Someone with a spinal cord injury, amputation, or moderate traumatic brain injury, could be disabled for decades. We can seek compensation for reasonably expected future, medical expenses, care and loss of earnings.

You can also receive compensation for non-economic losses:

· Mental anguish

· Depression

· Physical pain

· Sleeplessness

· Anxiety

Experienced pedestrian accident lawyers know how to present your case in such a way that we maximize the compensation you receive. Let us paint a vivid picture of how the accident has altered your life.

Can You Receive Punitive Damages in Missouri?

Punitive damages are possible. Missouri law limits the situations where a victim can seek punitive damages. These are given to punish the defendant for terrible conduct and acts as a deterrent to the defendant and others.

Missouri allows punitive damages against motor vehicles only where the defendant intentionally injured you or acted with flagrant disregard for your safety. Examples of such cases of driver negligence would include a motorist who ran a red light or a negligent driver who was intoxicated when they drove straight into an intersection. That behavior goes well beyond mere negligence.

Punitive damages can substantially increase the compensation our clients take home. Speak with your pedestrian accident attorney about whether they are available in your case.

How We Find Evidence for Your Case

Our law firm knows how to make a pedestrian accident claim in a powerful fashion. We need evidence to show what happened and how you are not at fault. Anticipate the driver blaming you for jumping in front of the car.

Our Columbia, MO pedestrian motor vehicle accident lawyer can:

• Listen to your memories of what happened.
• Interview witnesses who observed the collision to uncover what they know.
• Ask the driver questions under oath.
• Request copies of the driver’s cellphone records to find out if they were on the phone at the moment of the accident.
• Search for any surveillance video from nearby stores or businesses that recorded the accident.
• Review your medical records to visualize how the vehicle struck you.
• Visit the accident scene to search for skid marks or other helpful evidence.
• Inspect the vehicle that struck you for information about the speed it was traveling.

Our pedestrian accident and injury lawyers credit our thorough investigations and attention to detail for our success. We have obtained many favorable settlements for our clients, including six and seven figure settlements or court awards.

How Comparative Negligence Impacts Your Pedestrian Accident Case

Pedestrians sometimes contribute to their own fatal injuries. In that respect, they aren’t entirely blameless. For example, you might have:

· Darted into traffic without watching for oncoming cars

· Crossed somewhere other than at the intersection or in a crosswalk (jaywalking)

· Thrown yourself into traffic when the light told you not to cross

· Walked distractedly on the side of the road, e.g., scrolling through text messages and not paying attention to where you were

· Stood in the road instead of on the sidewalk

These actions make a pedestrian partially at fault when they get clipped or struck by a car.

Missouri has a comparative negligence scheme which allocates fault between the parties. You can sue for pedestrian accidents so long as you are not 100% to blame. However, your compensation is shrunk proportionally by your share of fault. If you were 66% at fault, you will only receive 34% of your damages. Our pedestrian accident lawyers always work to both recover compensation and minimize how your actions contributed to a crash.

Mistakes to Avoid Following a Pedestrian Accident

Our Columbia, MO pedestrian accident attorneys have worked with countless injured victims, vehicle occupants and pedestrian fatalities. Over the decades, we have seen what works and what doesn’t for personal injury attorneys. In particular, accident victims with serious injuries can make mistakes following a collision which undermine their legal claims. We recommend avoiding these mistakes after a pedestrian accident that can damage your personal injury claim:

Don’t forget to call the police. You want an officer to create an accident report. The cop can also ask the driver to take field sobriety tests or a breathalyzer, if the officer believes the driver was intoxicated.

Never admit fault for the crash. Even if you were jaywalking, you shouldn’t accept responsibility for the accident. Doing so will only reduce your ability to receive compensation.

Do not give a recorded statement to an insurance company. Most pedestrian accidents involve an insurance company on the other side defending the driver. One of their adjusters might call you up and ask for a statement. Please decline until you hire a Columbia pedestrian accident lawyer to represent you.

Follow all treatment ordered by your doctor. Your ability to receive compensation for your medical bills, expenses and lost wages depends on following a treatment plan. Never self-diagnose your injuries. However, if you aren’t recovering, you can certainly get a second opinion from a different doctor.

Never accept a settlement without injury lawyers reviewing it. Most pedestrian accident cases settle outside of court. But the insurance company wants to minimize the amount they pay, and first offers are rarely fair. Let our legal team analyze whether you can receive more from emotional distress from the injuries sustained.

Compensation for a Hit & Run in Columbus, MO

Alarmingly, many motorists will speed away after crashing or clipping a pedestrian and leaving the injured pedestrians at the scene. This is blatantly against the law, especially pedestrian fatalities or minor injuries. Accident victims who suffered severe injuries could struggle to even call an ambulance, depending on the severity of their pain.

The good news is that you can still receive compensation in many situations for a hit and run. Call for a free consultation with our law firm to discuss your different legal options with one of our pedestrian accident and personal injury claims lawyers to work on your pedestrian accident claim.

For example, the police might actually find the driver. Did you see the color of the car? The make and model? You should share any details you have with an officer. They can put out a bulletin and ask the public for information.

If hired, we can also ask nearby businesses if they have a security camera pointed toward the road. Many of them today do. This camera could have recorded the accident, and the video might show sufficient detail to help the police identify the driver.

We might also submit a claim to the Tort Victims’ Compensation Fund or make a claim on your own insurance policy from your insurance company. You can trust Call & Gentry to use our experience to find compensation for your injuries.

Why Call & Gentry?

There are hundreds of personal injury law firms in Missouri advertising their services for pedestrian accident injuries. Their pedestrian accident injury lawyers all promise to obtain fair compensation for you and offer a free consultation. What sets the pedestrian injury lawyers of Call & Gentry apart?

We credit our success to the following:

· Legal skill. There’s no way around it: law is an intellectual exercise. Our lawyers stay abreast of recent developments in the law. We also know how to use legal doctrine to your advantage, and we credit our critical thinking skills with finding ways to win cases that other lawyers can’t.

· Passionate advocacy. Pedestrian accident cases are not as open-and-shut as we would like. They take dedication to resolve to the benefit of our clients. We are passionate advocates for your rights, in settlement negotiations and in court.

· Attention to detail. Many personal injury cases stand or fall based on the facts. Did a driver use his horn? Where were you standing when you were struck? We sweat these small details because they matter. We win cases because we know what facts are significant in a case.

· Experience. The experienced pedestrian accident lawyers at Call & Gentry have tackled all sorts of cases to take care of your medical expenses. We have negotiated with virtually every insurance company in the state and know how claims adjusters think. There are few mysteries, and we bring decades of experience to bear on your personal injury law case.

Missouri Rules for Pedestrians and Motorists

Multiple statutes instruct pedestrians and motorists of their obligations to traffic laws. These rules provide clarity on traffic laws and can minimize accidents if everyone would follow them:

· Section 300.160. A pedestrian shall only enter an intersection when the control signal says “Walk,” and should never enter when the sign says “Wait” or “Don’t Walk.” However, a pedestrian already in the crosswalk can continue across.

· Section 300.375(1). When there are no traffic control signals, a driver must yield the right of way to a pedestrian crossing on the road when the pedestrian is on their half of the road or very close to it.

· Section 300.375(2). Pedestrians shall not dart into traffic or so close to a car or motor vehicle that they cause an accident.

· Section 300.380. Pedestrians should move on the right-hand side of a crosswalk. This will help with pedestrian flow.

· Section 300.390. Pedestrians who are crossing somewhere other than a marked crosswalk or at an intersection shall yield to vehicles on the road.

· Section 300.405. A pedestrian shall use a sidewalk when one is available. Otherwise, the pedestrian can walk on the left-hand side of the road facing traffic in the opposite direction.

· Section 300.410. Motorists must use the “highest degree of care” to avoid a collision with a pedestrian. They also should use horns to give a necessary warning and must be especially careful if they see a child or a confused or intoxicated person.

Call Our Pedestrian Accident Lawyers Today!

Pedestrian accident victims are not alone in their fight for justice. At Call & Gentry, our entire legal team is dedicated to helping you navigate the claims process. Obtaining a settlement not only protects your family’s finances, but it also promotes public safety to avoid further pedestrian injuries and pedestrian fatalities. To schedule a free consultation with our Missouri pedestrian accident attorneys in Columbia, MO, please call our law firm or reach out online.