Can a Pedestrian Sue After Being Hit by a Car?

Pedestrian accidents are a serious concern in Missouri, with numerous incidents leading to significant injuries or even fatalities each year. But, can a pedestrian sue if hit by a car? Understanding your legal rights and the steps you can take following an accident is crucial to protecting yourself and ensuring you receive the compensation you deserve.

Understanding Pedestrian Rights in Missouri

In Missouri, pedestrians have specific rights that drivers must respect. Pedestrians typically have the right-of-way at marked crosswalks and intersections, but this doesn’t absolve them from the duty of care towards their own safety. Missouri law requires drivers to exercise the highest degree of care towards pedestrians. This includes watching out for pedestrians, slowing down, and avoiding distractions.

Laws That Impact Pedestrians in Missouri

Many of the laws concerning pedestrians can be found in Chapter 300 of the Revised Statutes of Missouri. Some of the laws pedestrians should be familiar with include:

• A pedestrian must not walk along a roadway if a sidewalk is present. (RSMo § 300.405).
• A pedestrian must travel on the right half of the crosswalk whenever possible. (RSMo § 300.380).
• No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield (RSMo § 300.375(2)).
• A pedestrian must not cross the road between adjacent intersections at which traffic control signals are in operation unless there’s a crosswalk. (RSMo § 300.395).
• A pedestrian must yield to a vehicle unless the pedestrian is crossing the road at a marked crosswalk or at an intersection. (RSMo § 300.390).
• A driver must exercise the highest degree of care to avoid colliding with a pedestrian. (RSMo § 300.410).
• Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. (RSMo § 300.375(4)).
• The driver of a vehicle must yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian is on the half of the road upon which the vehicle is traveling or when a pedestrian is approaching so closely from the opposite side of the road as to be in danger. (RSMo § 300.375(1)).

Circumstances Under Which a Pedestrian Can Sue

Missouri follows a comparative fault rule, which means that even if a pedestrian contributed to the accident, they could still sue for damages, albeit reduced by their percentage of fault. For example, if a pedestrian was jaywalking when struck by a speeding car, both parties may be found partially at fault. If the pedestrian is deemed 30% responsible, they can still recover 70% of the total damages from the driver.

The Legal Process for Filing a Lawsuit

If you decide to sue after a pedestrian accident, the first step is to consult a personal injury attorney who understands Missouri’s traffic laws and personal injury claims process. The legal process begins with filing a claim, which includes detailing the accident and the injuries sustained. In Missouri, you typically have five years from the date of the accident to file a personal injury lawsuit, known as the statute of limitations. Collecting and preserving evidence is crucial and can include gathering witness statements, securing surveillance footage, obtaining a copy of the police report, and documenting your injuries and medical treatments.

What to Expect After Filing a Lawsuit

After filing a lawsuit, the case might settle out of court or go to trial. Settlements are common, where the driver’s insurance company agrees to pay a certain amount to cover the pedestrian’s damages. Compensation might cover medical expenses, lost wages, and pain and suffering. If the case goes to trial, the damages could be determined by a jury, considering the evidence presented.

How a Personal Injury Lawyer Can Help

Navigating the aftermath of a pedestrian accident can be overwhelming. A personal injury lawyer can offer invaluable assistance by managing the legal complexities and advocating on your behalf. Lawyers can negotiate with insurance companies, prepare and file necessary legal documents, and represent you in court. Their expertise often leads to more favorable outcomes, ensuring that your rights are protected and you receive the maximum compensation possible.

Protect Your Rights as a Pedestrian with Expert Legal Support

Understanding your rights as a pedestrian and the legal options available after being hit by a car is essential. If you or a loved one have been involved in such an accident, seeking professional legal counsel is a critical next step. At Harper, Evans, Hillbrenner, and Netemeyer, we are dedicated to guiding you through this challenging time and helping you secure the compensation you deserve. Contact us today for a consultation and take the first step towards safeguarding your rights and your future.