A pedestrian accident can leave you with severe pain, extensive medical care, and significant alterations to your life. Yet what happened to you may not have been a mere “accident.” Many times, pedestrian injuries are the result of negligence.
CPY Law can help you fight back and get the justice you need after being wronged so deeply. Our Kansas City personal injury lawyers can lead the fight forward while you and your family focus on recovery and moving forward after a traumatic event.
Get the personalized support you need to navigate your case. For a free consultation with an experienced pedestrian accident lawyer in Kansas City, MO, contact our law firm today.
Dedicated Advocacy for Pedestrians Struck by Vehicles in Kansas City
CPY Law provides dedicated advocacy when you have been struck by a vehicle in Kansas City. We provide leadership and skillfully manage your case so you do not have to balance your recovery with the logistics of your case.
Our attorneys understand what is on the line for you and your family, and we aggressively fight for your rights so you are not taken advantage of or left to pay for your losses yourself.
When you get hit by a car in Kansas City, a pedestrian lawyer will work diligently on your behalf and prioritizes your needs throughout your entire case. We do not stop negotiating for you until we secure the most favorable outcome possible.
Causes of Driver Negligence and Pedestrian Injuries
According to traffic crash and highway safety dashboards by the Missouri Department of Transportation, there have been 85 pedestrian fatalities in Kansas City alone within the last five years. The majority of these incidents occurred at night in lighted areas.
Additionally, given the dangers of these incidents across the country, agencies like the Federal Highway Administration work to implement changes and help states improve their infrastructure and safety programs to minimize the risk of pedestrian harm.
Examples of Driver Negligence Resulting in Crashes with Pedestrians
These collisions are often avoidable, and negligence is the most common reason why they happen. This takes many forms, though.
- Distracted Driving: Drivers can get distracted by their surroundings, cell phones, or activity inside the cabin of the vehicle. This prevents drivers from reacting in time to prevent an injury.
- Excessive Speed: Drivers who break the speed limit cannot react quickly enough to avoid causing serious harm. This is particularly dangerous in populated areas, intersections, and crosswalks.
- Drunk or Intoxicated Driving: People who get behind the wheel under the influence of alcohol or drugs put pedestrians, cyclists, and other motorists in danger.
If you were hit by a car, our Kansas City pedestrian lawyers can help you identify the exact forms of negligence the driver exhibited that caused your injuries. This allows you to clearly show that their actions caused your injuries.
Missouri & Kansas Crosswalk Laws: Driver Duty of Care to Walkers
Missouri and Kansas have crosswalk laws that dictate who has the right of way and what duty of care drivers owe to pedestrians.
Crosswalk Laws in the State of Missouri
In Missouri, the following laws apply.
- Drivers are required to yield to pedestrians at a crosswalk (RSMo § 300.375)
- Pedestrians are supposed to yield to drivers if they cross outside a designated crosswalk (RSMo § 300.390)
- Missouri requires drivers to show pedestrians the “highest degree of care” (RSMo § 300.410)
Crosswalk Laws in the State of Kansas
Kansas has similar laws to Missouri.
- Kansas dictates that drivers must yield to pedestrians at a crosswalk in areas without traffic lights (KSA § 8-1533)
- Pedestrians must yield to drivers if they are not crossing at a crosswalk or in an unmarked crosswalk (KSA § 8-1534)
- Drivers are also expected to use every effort to avoid hitting a pedestrian (KSA § 8-1535)
Addressing Catastrophic Pedestrian Injuries and Long-Term Rehabilitation
Pedestrians are exposed to danger and injury in a crash because they do not have a barrier to diffuse the impact or restrain them from being thrown into the air. This means that severe or catastrophic injuries are often common when someone gets hit by a car.
Traumatic brain injuries (TBI), severe internal damage, spinal injuries and paralysis, disfigurement, and losing a limb can occur in these incidents and change a pedestrian’s life forever.
The Severity and Lasting Effects When Pedestrians Get Hit by a Car
The severity of these incidents can depend on the angle of impact, the height and speed of the vehicle, and the physics of the crash. Injuries from these collisions often require extensive medical care, surgeries, physical and occupational therapy, and other long-term rehabilitation measures.
Some pedestrian injuries may never fully heal and can cause long-term pain and conditions that need to be managed.
Measuring the Long-Term Impact of Pedestrian Injuries
Our Kansas City catastrophic injury lawyers carefully evaluate all your losses to ensure they are factored into your request for compensation. This includes creating a life care plan that outlines the ongoing medical attention you need and how much it will cost.
Our team works diligently to ensure that you are fully compensated for your injuries so you can get the care you need. We also help you find medical professionals who specialize in the specific care you need.
Fighting Insurance Allegations of Jaywalking or Pedestrian Fault
Insurance companies look for any reason to assign fault to pedestrians after an incident to minimize what they have to pay you. As a business, they try to protect their bottom line, and blaming you for the crash is one way insurance companies try to accomplish this.
A common allegation they may make is that you were jaywalking, distracted, suddenly stepped out in traffic, or other claims of fault. Since fault reduces the damages you are entitled to, insurance companies leverage this to pay you less.
How Attorneys Push Back Against Jaywalking Allegations and Pedestrian Liability
To successfully fight these allegations, you need a crosswalk accident lawyer in Kansas City to help you navigate these obstacles.
Providing evidence is critical for showing that you were either not at fault or hold less fault than the insurance company is trying to blame you for. Evidence also provides valuable insight and clarity into the driver’s negligent actions so you can directly connect them to your losses.
Pursuing Maximum Recovery: Economic, Non-Economic, and Future Care Damages
A Kansas City pedestrian injury lawyer helps you pursue maximum recovery after getting struck by a vehicle. These events can take a lot from you, and our team fights to ensure you get back as much of what you lost as possible. Compensation is designed to help you regain stability, peace of mind, and a sense of normalcy by getting back to a pre-injury state to the extent possible after you have been injured.
Settlements for pedestrian injuries generally include economic and non-economic damages, and may include future care damages.
Economic Damages
Pedestrian injuries result in an extensive amount of expenses that can overwhelm your life. Economic damages ease the financial burden by providing compensation for the value of these losses, which can include:
- Medical expenses
- Lost wages or earning capacity
- Damage to personal belongings
- End-of-life expenses, if applicable
Your losses are added together to determine how much your case is worth. The value can also be adjusted according to insurance policy limits and/or shared fault.
Non-Economic Damages
The trauma of a pedestrian injury can affect your daily life and even be debilitating. Non-economic damages acknowledge the reality of these losses and their effect on your life, and provide compensation to help you get the support you need.
Covered losses can include:
- Pain and suffering
- Reduced quality of life
- Emotional and mental anguish
- Loss of intimacy with a spouse or partner
Since these are subjective, intangible losses, formulas are generally used to calculate them.
Future Care Damages
Since pedestrian crashes have a higher chance of resulting in catastrophic injuries, it means that you may require long-term care, medical treatments, or other resources. Future care damages account for the ongoing care you need so you do not have to pay for these yourself.
A Kansas City pedestrian injury lawyer works with physicians and other professionals to determine the extent of your future care, its costs, and so much more. This information is used to create a life care plan in your case.
How CPY Law Investigates Scene Evidence, Traffic Cameras, & Witness Logs
At the start of your case, our team talks with you about your case and what CPY Law does to pursue resolution, justice, and compensation for you. We also prepare you for the volume of evidence you need to clearly show the extent of your injuries and how the other party caused them.
Some forms of evidence are naturally collected by you after the accident, such as a collection of your medical records and bills, the police report you filed, photos you may have taken, and witness information.
A Careful Review of All Key Evidence
A Kansas City pedestrian injury lawyer from our team also collects crucial evidence to strengthen your claim.
We conduct an investigation of the collision, review the scene evidence, and look for indicators of the other party’s negligence. We also pursue access to traffic camera footage to see how the collision played out in real time and what factors may have contributed to the collision.
Our team also reviews witness information and works to take their statements to strengthen your claim.
Contact a Kansas City Pedestrian Accident Attorney Near You
CPY Law focuses on your case so you can focus on your injuries and recovery. Count on us to lead the fight forward while you prioritize healing. For a free consultation with skilled and diligent pedestrian accident lawyers near you, contact our Kansas City law firm today.
Frequently Asked Questions About Kansas City Pedestrian Injury Claims
Below are some of the most common questions we’ve received from clients and families affected by pedestrian injuries and fatal crashes.
Can a pedestrian still recover compensation if they were hit while crossing outside a marked crosswalk?
If a pedestrian crosses the road outside of a designated crosswalk, a crosswalk collision lawyer in Kansas City can still help them recover compensation under Missouri’s comparative negligence law (RSMo § 537.765).
Parties who contribute to an incident are allowed to recover damages that are reduced by their percentage of fault, so it makes up for their role. Missouri does not set a threshold to bar recovery, and pedestrians can recover damages even if they are 99% at fault.
What should I do immediately after being struck by a vehicle as a pedestrian in Kansas City?
If you have been struck by a vehicle as a pedestrian in Kansas City, you should immediately get medical attention to treat the injuries you have sustained. Getting hit by a vehicle can cause significant injury and internal damage, so prompt treatment is critical.
You should also take additional steps to file a police report for the incident and hire a pedestrian injury lawyer in Kansas City who can help you gather evidence, communicate for you, and begin building your case.
What insurance policies cover a pedestrian struck by an uninsured or fleeing driver?
Pedestrians injured in hit-and-run accidents or by uninsured drivers may be able to recover compensation through their uninsured motorist (UM) coverage on their auto insurance policy.
Missouri auto insurance laws require drivers to carry 25/50/25 coverage in addition to least $25,000 for bodily injury per person and $50,000 for bodily injury per accident in UM coverage. A pedestrian injury attorney in KCMO can help you navigate these complicated claims.
How long do I have to initiate a legal claim for a pedestrian accident in Missouri vs. Kansas?
Kansas City spans both Missouri and Kansas, which has different implications for how long you have to file a claim after being involved in a pedestrian accident.
- If you are in Missouri, then you have five years to file a claim to recover your losses according to (RSMo § 516.120)
- If you are in Kansas, then you only have two years to file a claim (KSA § 60-513)
It is important to note that the location of the accident can dictate which state’s laws may apply to the accident. This means that if you live in the Missouri part of the city but get hit in the Kansas part of the city, Kansas’ laws could apply to your case.
Talk to our local pedestrian injury attorneys to determine what jurisdiction applies and how to proceed.
