The Missouri Highway Patrol estimates that over 100 in-state pedestrian fatalities occur every year. Non-fatal injuries in pedestrian accidents likely number several times that number. Some of these accidents are the pedestrian’s fault, while others are the driver’s fault. In Missouri, the injured pedestrian can file a claim if the driver is even 1% at fault.
Common Causes of Pedestrian Accidents
Here are some of the most common causes of pedestrian accidents. While not exhaustive, this list highlights the key factors that frequently contribute to these unfortunate incidents:
- Distracted driving
- DUI
- Speeding
- Failure to yield
- Running lights and stop signs
- Blind turns
- Bad weather (fog, for example)
- Jaywalking
- Texting while walking
- Wearing dark clothing while walking at night
- Lack of sidewalks
- Obstructed views
This list could easily be expanded to include many more factors, but it serves as a snapshot of the most prevalent causes.
Proving Negligence
Most pedestrian accidents arise from negligence. After all, it’s not every day that someone intentionally tries to run you down. To win a negligence claim, you must prove five facts:
- Duty: The defendant owed you a duty of care (in this case, to drive safely).
- Breach: The defendant breached their duty of care (by running a stop sign, for example.
- Causation: The defendant’s breach of their duty of care actually caused the accident.
- Damages: You suffered damages, which are typically physical injuries and/or monetary losses.
To win your case, you must prove each of the required elements by a “preponderance of the evidence,” meaning it is more likely than not that your claims are true. This standard of proof is significantly lower than the “beyond a reasonable doubt” standard required in criminal cases, making it easier to meet the burden in a civil case.
Damages
If you suffer serious injury, you can walk away from a pedestrian accident claim with quite a bit of money. Missouri offers three types of personal injury damages:
- Economic damages: Anything you can easily count–medical bills, lost earnings, etc.
- Non-economic damages: Intangible losses like pain and suffering, disfigurement, and loss of enjoyment of life.
- Punitive damages: Punitive damages are not compensation at all—they are an extra amount that courts occasionally award to punish a defendant whose behavior was particularly atrocious.
Most successful pedestrian accident lawsuits result in awards of non-economic damages that far exceed the amount of economic damages.
Missouri’s “Pure Comparative Negligence” System
If you were partially at fault for the accident, a Missouri court will determine your percentage of fault and reduce your compensation by that amount. For instance, if you are found 15% at fault, your compensation will decrease by 15%. The same principle applies during settlement negotiations, but in that case, both parties must agree on the fault percentages.
Under Missouri’s pure comparative negligence regime, there is no bar to recovery if you are over a certain percentage of fault. Even if you are 99% at fault, you can still recover for the 1% you are not.
Missouri’s Auto Insurance Requirements
Missouri requires drivers to carry the following minimum insurance:
- $25,000 per person for physical injury liability;
- $50,000 per accident for physical injury liability; and
- $25,000 per accident for property damage liability.
Missouri also requires drivers to purchase $25,000 per person and $50,000 per accident in uninsured motorist insurance. You can use the at-fault driver’s liability insurance and, if necessary, your own uninsured motorist insurance for compensation. This applies even though you were a pedestrian, as long as you carry a policy. The law here can get tricky if you’re a pedestrian, so you should talk with your lawyer.
Filing a Lawsuit: Beware the Missouri Statute of Limitations Deadline
The general Missouri statute of limitations deadline for personal injury is five years in most cases. Certain exceptions do exist, however, so you should always consult a lawyer. For instance, if the victim dies from their injuries, a wrongful death case arises. In this case, certain surviving relatives have three years from the victim’s date of death to file a lawsuit.
The Sooner You Involve a Lawyer, the Better Your Chances of Full Compensation
Winning a personal injury case isn’t just about getting a verdict in your favor—it’s about securing the compensation you truly deserve. At Roach Law Car Accident Lawyers, we specialize in maximizing the value of our clients’ claims, going beyond the bare minimum to fight for every dollar you’re entitled to. Our experience and dedication mean you’re in the strongest position to recover what you need after a Missouri injury.
Contact a Personal Injury Lawyer at Roach Law Car Accident Lawyers Today
If you were injured in an accident due to someone else’s careless or negligent actions, contact an experienced personal injury lawyer in St. Louis, MO, to discuss your case. Your attorney will fight for fair compensation, and they don’t get paid unless you win.
At Roach Law Car Accident Lawyers we proudly serve all throughout Missouri, including St. Louis County, and we have offices in St. Louis, Chesterfield, Clayton, and Creve Coeur.
Roach Law Car Accident Lawyers – St. Louis Office
1010 Market Street, Suite 1605
St. Louis, Missouri
(636) 519-0085
Roach Law Car Accident Lawyers – Chesterfield Office
400 Chesterfield Center Suite 400
Chesterfield, MO 63017
(636) 999-9587
Roach Law Car Accident Lawyers – Creve Coeur Office
11628 Old Ballas Rd, Suite 320
Creve Coeur, MO 63141
(314) 557-2869
Roach Law Car Accident Lawyers – Clayton Office
7733 Forsyth Blvd, Suite 1100
Clayton, MO 63105
(314) 804-4569
