Walking to a community destination is a fitness-friendly and eco-conscious option. Unfortunately, it also leaves pedestrians vulnerable to severe injury when they walk in close proximity to moving traffic. The consequences of a pedestrian accident injury range from a single emergency room bill to the expenses of surgeries, medical procedures, physical therapy, or lifelong disability costs, but who pays for these damages after a pedestrian accident? A pedestrian accident lawyer in St. Louis can help you learn your rights and options for financial compensation for medical bills and other losses.
Pure Comparative Negligence In a Missouri Pedestrian Accident Case
Missouri has fault-based injury laws with a pure comparative negligence system. Under Missouri 537.765, an injury victim has the right to seek compensation for injury-related damages, like medical bills, from any and all parties that caused or contributed to their injury. Even if the pedestrian was partly at fault for the injury, they may still hold another party liable and recover compensation.
Typically, compensation for medical bills and lost wages comes from the at-fault party’s insurance. If the injury victim was partly at fault for their injury, the insurance company subtracts the injury victim’s percentage of fault from the payout on the claim. For example, an insurance adjuster may investigate a pedestrian accident and determine that a negligent driver was 80% at fault for hitting a pedestrian, but the pedestrian was 20% at fault for wearing dark clothing at dusk. In this case, if the pedestrian’s medical bills and other losses amount to $100,000, they could still recover $80,000.
Proving Liability In Pedestrian Accident Claims for Medical Bills
Insurance companies hire adjusters to investigate accidents and assign fault percentages to those involved. An insurance adjuster’s goal is to protect the company’s profits by minimizing the amount they have to pay out on claims.
They may accomplish this by assigning an unduly high percentage of fault to an injury victim, such as a person injured in a pedestrian accident. Fortunately, a pedestrian accident attorney conducts an independent investigation with their client’s best interests as their top priority. An attorney gathers evidence demonstrating the full extent of the at-fault party’s liability. The evidence must prove the following:
- The at-fault party owed a duty of reasonable care to the injury victim, such as a driver’s duty to follow traffic laws
- They breached this duty of care through negligence
- The breach of duty caused injury to the pedestrian
- The pedestrian suffered damages from their injury, such as medical expenses and lost wages
Less commonly, other entities may share liability for a pedestrian accident. For instance, if a city road planning agency designed an intersection with an obstructed view, or failed to install adequate street lighting.
What If My Medical Insurance Already Paid My Medical Bills?
Most Missouri pedestrians have adequate medical insurance to cover the cost of emergency medical treatment and ongoing care. However, the medical insurance company typically places a lien against a potential settlement after a pedestrian accident.
The insurer may subtract a portion of the compensation awarded to the injury victim to cover the company’s losses on the personal injury claim. However, a pedestrian accident victim may recover additional compensation for their out-of-pocket medical costs for co-pays, medications, medical equipment, travel to see specialists, home health assistance, and adaptive equipment.
A successful claim also recovers lost wages, and future income loss or reduced earning ability. Compensation for non-economic damages like pain and suffering, permanent scarring, or loss of enjoyment of life also maximizes the total compensation recovered through a pedestrian accident claim.