Kirkwood Pedestrian Accident Lawyer

Kirkwood Pedestrian Accident Attorney

A motor vehicle accident that involves a pedestrian can have catastrophic consequences for that pedestrian. While many drivers are cautious, pedestrian accidents can be very serious when they do happen. Pedestrians can be severely or permanently injured, and they may even have life-threatening injuries. After these accidents, pedestrians can get guidance from a Kirkwood pedestrian accident lawyer to determine how they can recover compensation.

Both pedestrians and drivers may have some responsibility in an accident, which can result in complex personal injury cases. Having the right attorney pursuing your case can make a significant difference in its outcome.

The Cagle Law Firm: Defending Those Injured in Pedestrian Accidents

The team at The Cagle Law Firm has decades of experience and success in pedestrian accident cases in Kirkwood, achieving both settlements and trial verdicts. We know the frustration and financial strain that accompanies serious injuries, which can make the situation even harder to deal with. Our mission is to provide the legal representation you need after a pedestrian accident and pursue compensation for your injuries. If a driver was negligent and caused your injury, we can work to hold the driver’s insurance carrier liable.

Every injury incident is unique, and the attorneys at The Cagle Law Firm prepare each case with diligence and personalized care. We ready cases with the intention of taking them to trial, giving us a stronger argument and the likelihood of securing a better settlement. If it is in your interests to take a case to trial and secure a better verdict, we are prepared to do so. Our goal is to get the most compensation possible so you can move forward with your life.

Common Pedestrian Injuries in Collisions

Pedestrians can be severely injured in collisions with motor vehicles, even at low speeds. While a motor vehicle may likely suffer only superficial damage, a pedestrian may have life-altering injuries, including:

• Lacerations and scrapes
• Puncture wounds
• Road rash and abrasions
• Scarring and disfigurement
• Bone fractures and compound fractures
• Neck and back injuries
• Spinal cord injuries, including partial or complete paralysis
• Head injuries and skull fractures
• Traumatic brain injuries, including minor or severe concussions
• Internal organ damage and bleeding
• Wrongful death

The severity of the injuries in an accident can vary based on where the accident occurs and at what speed. Accidents may happen at intersections, in parking lots, and on open roadways. The cost of these injuries varies significantly, but treatment and lost income can lead to intense financial stress for individuals and their families.

How Can You Prove That a Driver Is at Fault for a Pedestrian Accident?

To prove that a motor vehicle driver is at fault for a pedestrian accident, significant evidence must be gathered. Most pedestrian collisions are the result of negligence; the driver or pedestrian who caused it did not intend to do so, but they were careless. This can make their insurance carrier liable for the resulting injuries.

Several elements must be proven when pursuing a personal injury case, including:

1. The individual owed the injured party a reasonable duty of care.
2. The individual breached this duty of care through negligent behavior.
3. Their breach of duty was a direct cause of the collision or accident.
4. The injured party was injured because of the collision.

An attorney can gather compelling evidence to prove these elements, and some evidence is nearly impossible for the average person to obtain. Such evidence may include:

• Witness testimony
• Police reports
• Documentation of the accident site
• The driver’s phone records
• Vehicle computer data
• Toxicology reports

FAQs About Kirkwood, MO Pedestrian Accident Laws

Do Pedestrians Always Have the Right-of-Way in Missouri?

No, pedestrians do not always have the right-of-way in Missouri. Pedestrians do sometimes have the right of way, such as at marked and unmarked crosswalks. Both pedestrians and drivers must be aware of the right-of-way laws to limit the potential for an accident. Drivers are required to exercise the highest degree of care to avoid hitting pedestrians. If a collision does occur, then the question of whether both parties were following the right-of-way laws may be relevant in determining fault.

What Happens If a Jaywalker Is Hit in Missouri?

If a jaywalking pedestrian is hit in Missouri, fault in the accident may become contested. In some cases, the driver’s insurance is held liable for the pedestrian’s injuries. However, when the pedestrian is jaywalking, this may affect liability determinations.

In some cases, the case must go to trial and be judged by comparative negligence laws. Under these laws, each party is responsible for their percentage of fault in the accident. This percentage is determined by the judge or jury in a trial. A driver’s insurance may still be liable for a pedestrian’s injuries, but it may have to pay less if the pedestrian is partially at fault.

What Is the Statute for Pedestrian Crossing in Missouri?

The statutes for pedestrian crossing laws in Missouri include the following:

• Revised Statutes of Missouri (RSMo) Section 300.375: This establishes the pedestrian right-of-way in crosswalks, and drivers should stop for pedestrians who are in their half of the road or near enough to be in danger.
• RSMo Section 300.390: This lists the times that pedestrians should yield to vehicles on the roadway, including any location that is not a marked or unmarked crosswalk.
• RSMo Section 300.395: This outlines the areas and locations where pedestrians are prohibited from crossing the roadway.

Who Can I Pursue Compensation From After a Pedestrian Accident?

If a driver is at fault for your pedestrian accident, you could pursue compensation through their insurance carrier. This compensation can recover losses like the cost of your medical treatment, surgeries, and other medical bills. It can also cover personal and emotional injuries, like pain and suffering. After an accident, a skilled attorney is important for proving whether the driver was at fault.

Expert Legal Representation After a Pedestrian Accident

After a pedestrian accident, you shouldn’t have to worry about a complex legal case. The Cagle Law Firm can provide compassionate, expert legal representation to pursue the compensation you deserve. Contact our firm today.