Pedestrians are vulnerable to severe injuries in accidents involving moving vehicles. A car weighs an average of 4,000 pounds and pedestrians are exposed to the full force of the vehicle in a collision. Both drivers and pedestrians have legal obligations to follow traffic laws and pay vigilant attention to their surroundings to take reasonable care to avoid accidents. Still, pedestrian accidents are not as uncommon as you might think.
After a Missouri pedestrian accident, the insurance company conducts an investigation into all aspects of the accident to determine fault under Missouri’s fault-based injury law. Let a St. Louis pedestrian accident attorney handle communication with the insurance company on your behalf.
Understanding Pure Comparative Negligence In Missouri Pedestrian Accidents
In Missouri, it matters who is responsible for an accident. Under Missouri 537.765, any party who caused or contributed to the cause or severity of injuries can be held liable for the damages, such as medical expenses, lost wages, and compensation for pain and suffering. An injury victim who contributed to their injury can still recover a portion of their damages, but the insurance company subtracts the claimant’s percentage of fault from the amount they pay on the claim.
In a pedestrian accident, it’s not uncommon for the insurance company to assign partial fault to the pedestrian. For instance, if the pedestrian was looking at their cell phone or wearing earbuds while walking, the insurer could assign them partial fault. Suppose the insurance company decides that the pedestrian is 25% responsible for their injuries and the claim is valued at $100,000. The insurance company would still have to pay the injury victim $75,000.
Protecting a Pedestrian Accident Victim From an Undue Percentage of Fault
Insurance companies are highly motivated to assign a portion of fault to a pedestrian accident victim with a large claim to reduce the amount they have to pay. Insurance companies commonly protect their profits at the injury victim’s expense.
An experienced St. Louis personal injury attorney conducts an independent investigation into the accident, documents compelling evidence of the at-fault party’s liability, and seeks the full value of the claim up to the limits of the insurance coverage. In addition, an injury victim’s attorney may seek additional compensation from any other party who caused or contributed to the cause of the pedestrian accident.
Common Liable Parties In Pedestrian Accident Claims
In some cases, a careless, reckless, or impaired driver is 100% at fault for a pedestrian accident; however, depending on the circumstances of the accident, other entities could share partial fault, including the following:
- A road-planning agency that designed a crosswalk with an obstructed view
- A negligent road maintenance agency, for instance, for leaving debris in the road or failing to maintain a traffic signal light
- The manufacturer of a defective pedestrian traffic signal
- A city agency that failed to install sufficient lighting
If a pedestrian didn’t use a crosswalk or darted out in front of moving traffic without leaving time for the driver to stop, they may be partly at fault for the accident or may be held liable or partly liable if the driver suffered injuries from swerving to avoid the pedestrian.
Hiring a pedestrian accident lawyer is the best way to protect an injury victim’s best interests after a pedestrian accident through assertive legal representation throughout the process of the claim. Contact us today.