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Noland Law Firm, LLC Legal Blog

Tuesday, May 23, 2017

Pedestrian Accidents

According to the National Highway Traffic Safety Association (NHTSA), nearly 5,000 pedestrians die each year in motor vehicle accidents. In addition, thousands more pedestrians are injured as well. In fact, accidents that involve both cars and pedestrians occur roughly once every two hours in Missouri, making these accidents staggeringly common.

Individuals often suffer significant injuries after these types of accidents because they have no protection against fast-moving vehicles. In some circumstances, however, you may be able to recover compensation for the losses you suffered due to the accident.

Types of Pedestrian Accidents

The most common type of pedestrian accident occurs at street corners. Often, vehicles do not yield as they should for pedestrians in crosswalks or obeying traffic signals. Nonetheless, pedestrian accidents can happen in a variety of other ways as well. The following are a few examples.

  • Injuries that occur in parking lots

  • Gas station related injuries

  • Hit-and-run accidents

  • Collison’s that involve drunk drivers

  • Injuries that occur in crosswalks

In most circumstances, the driver will be liable to the pedestrian in these types of accidents. However, the driver is not always automatically at fault. Often, both the driver and the pedestrian will be partly at fault for the collision, which is referred to as comparative fault in Missouri.

Legal Liability in Pedestrian Accidents

Legal responsibility can be assessed against both the driver and the pedestrian. Other parties may also be liable as well, including those responsible for maintaining roads and traffic signals.

Motorists in Missouri have a higher degree of care in the operation of their car than those who walk on the streets. As part of this heightened responsibility, drivers are required to keep an eye out for pedestrians at all times. A failure to yield to a pedestrian who has the right-of-way often results in legal responsibility for any injuries that occur after an accident. Carelessness is one of the most common reasons pedestrian accidents happen.

A pedestrian may be at fault if he or she declines to use traffic signals or runs into traffic suddenly. Traveling on restricted or limited roadways or walking outside of crosswalks can also result in legal liability for the pedestrian.

Insurance and Pedestrian Accidents

All drivers in Missouri must have coverage that will cover their negligence in operating their vehicle. In pedestrian accidents, this type of coverage will usually apply. Also, if you are a pedestrian and own a vehicle that has required insurance, your own car insurance will cover you if a driver hits you as a pedestrian. This is true despite the fact that you are not traveling in your vehicle at the time of the incident. Your insurance may also help you pay for medical coverage as well.

If you are a loved one has been involved in a pedestrian collision, you likely have legal rights you can assert to regain some of your losses. Contact the Nolan Law Firm for a free consultation to determine your legal options.


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