It is a good idea for pedestrians to use crosswalks when venturing across the road. Realistically, though, not everyone obeys that law. Maybe you decided the next crosswalk was too far away and didn’t feel like walking that far. Then, out of nowhere, a driver hit you. Can you make a claim against them?
With the help of a Missouri pedestrian accident attorney, it is possible to sue the at-fault driver even if you broke the law by jaywalking. However, failing to use a crosswalk complicates your case a bit. The Law Offices of Kevin J. Roach, LLC, explains below.
Missouri law says drivers should do everything possible to avoid hitting pedestrians, including those who cross the street without a crosswalk. So, if a driver hits you while you are jaywalking, it is possible to seek damages from them.
To do so, a Missouri pedestrian accident attorney must prove four things:
The driver had a duty of care to you.
The driver breached their duty in some way (for example, by running a stop sign or speeding through an intersection).
This breach of duty caused an accident.
The accident caused damages that a court can compensate you for.
Even though you can make a claim against the driver, the court may find you partially at fault if you were jaywalking.
Missouri follows a modified comparative negligence rule that says you can seek compensation only if you were less than 51% at fault for the accident. In your case, this matters because a court may find you partly liable.
Here’s an example: A driver is speeding because they’re late to work. Their phone rings, and, worrying it’s their boss calling, the driver looks away for a few seconds to answer the call. They don’t notice that the light has turned red and sped through an intersection.
Not far away, you need to cross the road but can’t find a crosswalk, so you decide to take the risk and run for it. Seconds later, the speeding driver zips down the street and crashes into you.
A judge decides the driver was 70% at fault for the accident because they sped and ran a red light. They also decide you were 30% liable because you crossed the street in an area without a proper crosswalk.
Just because you’re partly liable doesn’t mean you can’t collect any compensation (unless you’re more than 50% at fault). The court would reduce your award by your percentage of fault to make up for the difference.
For instance, if you’re 30% at fault, you could in fact collect 70% of the total amount of your damages.
Being struck by a vehicle as a pedestrian can leave you with significant injuries and a host of financial burdens. If the court determines that the driver who hit you was negligent or otherwise at fault, you have the right to seek compensation for the damages you have suffered.
The most immediate and often substantial expense following a pedestrian accident is medical care. You can seek reimbursement for all current and future medical bills related to your injuries. This includes:
You should also keep track of any out-of-pocket medical expenses, such as co-pays and deductibles, as these can be included in your claim.
If your injuries prevent you from working, you can seek compensation for lost wages. This includes not only your current salary but also any additional income you would have earned, such as bonuses, commissions, or overtime pay. You can also claim lost wages for the time you spent attending medical appointments or undergoing rehabilitation.
In some cases, pedestrian accident injuries can have long-term or even permanent consequences that affect your ability to work in your previous field or at your current earning capacity. If your injuries force you to switch to a lower-paying job or limit your career advancement, you may be entitled to compensation for the loss of your earning potential.
Pedestrian accidents can cause a wide range of physical pain and discomfort, both immediately after the accident and for months or even years to come. You can seek compensation for the physical pain and suffering you have endured, as well as for the emotional distress caused by your injuries. This may include:
Pedestrian accident cases can be complex, and it is often advisable to consult with an experienced personal injury attorney. An attorney can help you gather evidence, assess your damages, and negotiate with insurance companies or represent you in court if necessary. They can also provide you with guidance and support throughout the legal process.
Remember, you have the right to seek compensation if you have been injured in a pedestrian accident.
Even if you broke the law by jaywalking, you have a right to seek damages if a negligent driver hit you. The Law Offices of Kevin J. Roach, LLC, can determine liability, help you file a pedestrian accident claim, and represent you in court if necessary.
To schedule a free consultation with a Missouri pedestrian accident attorney, call us at (636) 519-0085.
