When a vehicle hits a pedestrian, the individual typically suffers significant injuries. Many of these incidents are fatal, especially those involving children.

The negligent parties who contributed to the accident are responsible for paying damages to anyone who suffered injuries and losses. If you or a loved one suffered harm while traveling on foot, a compassionate personal injury attorney could explain the legal basis for liability in these cases and help hold those at fault liable.

A Eureka pedestrian accident lawyer could help you identify responsible parties, prepare a claim, negotiate a settlement, and, if necessary, argue your case in court. Reach out today to learn more about how we could assist you.

Causes of Pedestrian Accidents

Collisions between cars, trucks, or motorcycles and people on foot happen with surprising frequency. In recent years, the National Highway Safety Administration noted that more than 1000 pedestrians are hurt or killed in accidents every week.

There are several probable causes for the frequency of these incidents, including:

  • More people driving larger vehicles with more prominent blind spots
  • Distractions, as drivers and pedestrians look at their phones instead of the road ahead of them
  • Fewer sidewalks and crosswalks outside of urban areas
  • Increased interest in walking or running for health and fitness
  • Increased use of headphones, which might prevent a pedestrian from hearing an approaching vehicle
  • Motorists operating their vehicles while under the influence of drugs or alcohol

Like all accidents, someone’s negligence is usually at the root of a collision between a vehicle and a pedestrian. Sometimes the pedestrian and driver share responsibility for an accident. Missouri Revised Statutes § 537.765 allows a person who is found partially responsible for their own injuries to collect compensation from other negligent parties. However, they cannot collect the damages attributable to their conduct. A qualified Eureka attorney could help injured pedestrians understand more about comparative negligence and how it affects accident claims.

Injuries are Often Severe

When a vehicle collides with a person, even at low speeds, the person’s body must absorb the full impact. The damage can be catastrophic. Pedestrians often suffer from complex fractures and sometimes experience amputations. Severe internal injuries and organ damage are common, as are disfiguring facial injuries, traumatic brain injuries, spinal cord injuries, and paralysis. Sadly, these incidents also have the potential to be fatal.

Claiming Damages in a Pedestrian Accident Case

Under Missouri law, the negligent party responsible for the accident could be liable for all the costs of medical treatment, rehabilitation, and other injury-related expenses a person and their family incur. When insurance coverage is inadequate, an injured person must turn to the courts.

A Eureka accident attorney could investigate whether a negligent driver has sufficient assets to cover the pedestrian’s damages. They also could explore the possibility of other sources of compensation. For example, if road conditions or malfunctioning traffic control devices played a role in the collision, the local government could be partially liable for the accident. The manufacturer might be responsible if a mechanical failure contributed to the crash. If the driver was working when they hit the pedestrian, their employer could face liability.

In addition, if the driver was drunk, Missouri Revised Statutes § 537.053 allows an injured person to hold the establishment that served them responsible under some circumstances.

Enlist the Help of an Attorney to Handle Your Pedestrian Accident Case

If you were hit by a car while walking or running, do not try to handle your injury claim without professional legal advice. A Eureka pedestrian accident lawyer could manage communication with the driver’s insurer, identify other potentially responsible parties, negotiate an appropriate settlement, and take the negligent parties to court if necessary.

You need a strong advocate by your side. Call The Law Offices of Kevin J. Roach, LLC, to learn more about the individualized approach that our firm employs with each client to give them the best possible chance for a favorable legal outcome.