St. Louis Pedestrian Accident Lawyer Helping You Find Answers After a Collision
If you were hit by a vehicle while walking in St. Louis, you may be able to pursue compensation for injuries and other losses caused by the collision. A St. Louis pedestrian accident lawyer at Roach Law can investigate what happened, preserve available evidence, examine the traffic and pedestrian rules that may apply and help you understand your options under Missouri law.
Free consultation. No fee unless we recover compensation for you.
A pedestrian has little protection when struck by a moving vehicle. Even when the vehicle itself shows relatively little damage, the person who was hit may be left with fractures, head or spinal injuries, surgery, time away from work and a recovery that changes everyday life.
Determining responsibility isn’t always as simple as asking whether the pedestrian or the driver had the right of way.
Where the collision happened matters. So do crosswalks, traffic and pedestrian signals, visibility, vehicle speed, turning movements and what the driver and pedestrian were doing immediately before impact.
Missouri law also requires motorists to operate with the highest degree of care, while specific rules can govern pedestrians at crosswalks, intersections, signals and along roadways.
Roach Law can investigate the circumstances, identify available evidence and help determine who may be legally responsible for your injuries.
Talk to Roach Law About a Pedestrian Accident Claim
Meet the Attorney Behind Roach Law
Kevin Roach has practiced law since 2000 and founded Roach Law to represent people injured because of someone else’s negligence.
Pedestrian accident cases can involve serious injuries and very different accounts of how a collision occurred. A driver may say the pedestrian entered the road unexpectedly. A pedestrian may have been crossing lawfully when a driver turned through the crosswalk, failed to yield or simply did not see them in time.
Understanding the physical evidence, witness accounts, traffic controls and applicable Missouri law can be critical when responsibility is disputed.
- 20+ Years Handling Serious Missouri Injury Claims
- Hundreds of Millions Recovered for Clients
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- No Fee Unless We Recover Compensation for You
Results From Pedestrian Accident Cases We’ve Handled
$100,000 Settlement — Pedestrian Struck on US Highway 136
Roach Law secured a $100,000 settlement for a pedestrian who was struck by a vehicle on US Highway 136 in Clark County and thrown to the opposite side of the roadway.
Because of the severity of the injuries, our client was airlifted to the hospital. The collision resulted in fractures to both legs and a fractured vertebra in the neck.
$55,000 Settlement — Pedestrian Struck on Roadway Without Sidewalks
Roach Law secured a $55,000 settlement for a client who was struck while walking along a roadway without sidewalks.
The driver’s vision became obstructed by an oncoming vehicle before the collision. Our client lost consciousness and was transported to the hospital by ambulance with injuries to the head, back, pelvis and arm, as well as fractures to the tibia and fibula that required orthopedic surgery.
Past results do not guarantee a similar outcome. Every case depends on its individual facts and circumstances.
How Can a St. Louis Pedestrian Accident Lawyer Help?
A pedestrian collision can happen in seconds, but understanding those seconds may require evidence from several different sources.
Video can be overwritten. Vehicles can be repaired. Witnesses become harder to locate. The condition of the roadway can change.
When Roach Law investigates a pedestrian accident claim, we may:
- Review police and crash reports
- Examine photographs and video footage
- Look for surveillance, traffic-camera or dash-camera footage where available
- Identify and speak with witnesses
- Examine vehicle damage and the collision scene
- Review traffic signals, pedestrian signals and roadway markings
- Investigate where the pedestrian and vehicle were immediately before impact
- Consider vehicle speed, braking and turning movements
- Review medical records and document injuries
- Determine which Missouri traffic or pedestrian rules may apply
- Respond to allegations that the pedestrian caused or contributed to the collision
- Identify potentially responsible parties and available insurance
- Document financial and other losses associated with the injuries
- Build the evidence needed to negotiate the claim or pursue it further when necessary
The goal is to establish what happened, why it happened and what the evidence shows about responsibility.
Who Has the Right of Way When a Vehicle Hits a Pedestrian in Missouri?
There isn’t one rule that gives either pedestrians or drivers the right of way in every situation.
The answer can depend on where the pedestrian was crossing, whether traffic or pedestrian signals were operating, what those signals showed, where the vehicle was, and how close the vehicle was when the pedestrian entered the roadway.
Under Missouri’s Model Traffic Ordinance, when traffic-control signals are not operating, a driver must yield to a pedestrian within a crosswalk when the pedestrian is on the driver’s half of the roadway or approaching close enough from the opposite half to be in danger.
The same provision says a pedestrian should not suddenly leave a curb or other place of safety and enter the path of a vehicle so close that the driver cannot yield.
That distinction matters.
A pedestrian being in a crosswalk can be highly relevant, but liability still needs to be determined from the actual circumstances of the collision.
Missouri law on pedestrian right-of-way in crosswalks
What Missouri Pedestrian Laws Could Affect Your Claim?
Pedestrian collisions can happen at marked crosswalks, unmarked intersections, signal-controlled crossings, along roadways or outside designated crossing areas.
Different rules may therefore become relevant depending on exactly where and how the collision occurred.
What Do Walk and Don’t Walk Signals Mean in Missouri?
Where special pedestrian signals are installed, Missouri law provides that pedestrians facing a Walk signal may proceed across the roadway and must be given the right of way by drivers.
A pedestrian should not begin crossing while facing a Don’t Walk or Wait signal. However, someone who began crossing on the Walk signal and is already partway across may continue to a sidewalk or safety zone.
The ordinary traffic signals at an intersection can matter too. Missouri’s Model Traffic Ordinance requires turning vehicles facing a green signal to yield to pedestrians lawfully within an intersection or adjacent crosswalk. A driver making a permitted right turn on red must also yield to pedestrians proceeding as directed by the signal.
Missouri law on pedestrian control signals
What if a Pedestrian Crosses Outside a Crosswalk?
Crossing outside a marked crosswalk does not automatically answer who was responsible for a collision. Missouri’s Model Traffic Ordinance provides that a pedestrian crossing somewhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield the right of way to vehicles on the roadway.
But drivers still have duties of their own.
Missouri law requires motorists to exercise the highest degree of care, and the Model Traffic Ordinance specifically says drivers must exercise the highest degree of care to avoid colliding with pedestrians. That means a claim involving a pedestrian outside a crosswalk should be evaluated based on all the evidence rather than assuming that the location of the pedestrian ends the inquiry.
Missouri law on when pedestrians must yield
Where Should Pedestrians Walk When There Is No Sidewalk?
Missouri’s Model Traffic Ordinance provides that pedestrians should use a sidewalk where one is provided rather than walking along the adjacent roadway.
Where there is no sidewalk, a pedestrian walking along a highway should, when practicable, walk on the left side of the roadway or shoulder facing approaching traffic.
This can become relevant when a pedestrian is struck while walking alongside a road rather than crossing it.
The location of the pedestrian, condition of the shoulder, visibility, roadway design and driver’s actions may all need to be considered.
Missouri law on pedestrians walking along roadways
Do Drivers Still Have a Duty to Avoid Hitting a Pedestrian?
Yes.
Missouri law requires motorists on the state’s roads and highways to drive carefully and prudently and to exercise the highest degree of care.
Missouri’s Model Traffic Ordinance also specifically requires drivers to exercise the highest degree of care to avoid colliding with pedestrians and to take proper precautions when they observe a child or a confused or incapacitated person on the roadway.
So even when there is a dispute about whether a pedestrian followed a particular crossing rule, the driver’s conduct still needs to be examined.
Missouri law on a motorist’s duty of care
What Causes Pedestrian Accidents in St. Louis?
Pedestrian collisions often happen where the movements of people and vehicles intersect.
Common circumstances can include:
- Drivers failing to yield at crosswalks
- Vehicles turning through a pedestrian’s path
- Drivers making right turns while watching approaching vehicle traffic instead of the crosswalk
- Speeding
- Distracted driving
- Impaired driving
- Drivers running red lights or stop signs
- Vehicles backing into pedestrians
- Poor visibility
- Collisions at night
- Drivers failing to see pedestrians before turning
- Pedestrians being struck while walking alongside a roadway
- Drivers passing vehicles stopped for pedestrians
- Unsafe roadway or intersection conditions
How Do You Prove Negligence After a Pedestrian Accident?
A pedestrian accident claim generally requires evidence showing what another party did or failed to do and how that conduct caused the collision and resulting injuries.
Depending on the circumstances, relevant evidence may include:
- Police and crash reports
- Photographs of the scene
- Surveillance footage
- Traffic-camera or dash-camera footage
- Witness statements
- Vehicle damage
- Skid marks or debris
- Crosswalk and roadway markings
- Traffic and pedestrian signals
- Lighting and visibility conditions
- Vehicle speed or event data where available
- Cellphone or other records where relevant and obtainable
- Medical records
- Expert analysis in appropriate cases
The investigation may also examine whether the driver failed to yield, was speeding, was distracted, made an unsafe turn or otherwise failed to exercise the degree of care required under the circumstances.
The fact that a pedestrian was struck does not by itself establish negligence.
The evidence needs to help explain how the collision happened and whose conduct contributed to it.
What if the Driver Says the Pedestrian Accident Was Your Fault?
Drivers and insurers may argue that a pedestrian contributed to the collision.
They may claim that the pedestrian:
- Crossed outside a crosswalk
- Entered the road unexpectedly
- Crossed against a pedestrian signal
- Was difficult to see
- Walked in the roadway rather than on a sidewalk
- Was distracted
- Otherwise failed to follow an applicable pedestrian rule
Those allegations need to be tested against the evidence.
Missouri follows pure comparative fault in negligence cases. This means an injured person’s share of fault can proportionally reduce an award of damages rather than necessarily preventing recovery altogether.
For example, if damages were assessed at $100,000 and a pedestrian was found 20% at fault, the award would be reduced by 20% to $80,000.
An insurer saying that you contributed to the collision does not establish that you did.
Where you were walking, what the signals showed, what the driver could see, the driver’s speed and movements, and the other available evidence can all matter.
What Should You Do After Being Hit by a Vehicle?
Your first priority after a pedestrian collision should be your safety and medical care.
If you’re able, several steps may also help preserve information about what happened.
Get Medical Attention
Pedestrian collisions can cause head, spinal, orthopedic and internal injuries.
Some injuries are immediately obvious. Others may become clearer after the initial shock of the collision has passed.
Seek appropriate medical attention and follow the treatment recommendations you receive.
Report the Collision
Call law enforcement and make sure the collision is reported where appropriate.
A crash report can provide an early record of the people and vehicle involved, location, witnesses and other information.
Photograph the Scene
If you’re physically able — or someone else can do it for you — photographs may capture:
- The vehicle and collision area
- Crosswalks
- Traffic and pedestrian signals
- Road markings
- Signs
- Skid marks or debris
- Lighting and visibility
- Nearby businesses or properties that may have cameras
- Your injuries
Get Witness Information
If someone saw the collision, get their name and contact details where possible.
A witness may have seen something that neither the pedestrian nor driver was in a position to observe.
Identify Possible Video Quickly
Pedestrian collisions frequently happen around intersections, stores, businesses, parking areas and residential properties.
Depending on the location, nearby cameras may have recorded the collision or the moments before it.
Footage may not be retained indefinitely.
Be Careful With Insurance Statements
An insurer may ask you to explain exactly what happened soon after the collision.
You don’t need to guess about details you don’t remember or make assumptions about injuries that are still being evaluated.
What Injuries Can a Pedestrian Accident Cause?
When a vehicle strikes a pedestrian, there is no vehicle body, seat belt or airbag around the person to absorb the impact.
Injuries can include:
- Broken bones and fractures
- Head injuries
- Concussions
- Traumatic brain injuries
- Neck and back injuries
- Spinal cord injuries
- Shoulder injuries
- Hip and pelvic injuries
- Knee and leg injuries
- Internal injuries
- Organ damage
- Nerve damage
- Lacerations
- Road rash
- Scarring and disfigurement
- Crush injuries
- Amputations
- Paralysis
- Catastrophic injuries
A fatal pedestrian collision may also give rise to a wrongful death claim by a person entitled to bring the claim under Missouri law.
St. Louis Catastrophic Injury Lawyer
St. Louis Wrongful Death Lawyer
What Compensation May Be Available After a Pedestrian Accident?
If another party is legally responsible for a pedestrian collision, recoverable losses may include:
- Past medical expenses
- Reasonably anticipated future medical expenses
- Lost wages
- Loss of future earning capacity
- Rehabilitation and physical therapy
- Pain and suffering
- Emotional distress
- Scarring or disfigurement
- Loss of normal life or diminished quality of life
- Other losses supported by the circumstances
There is no standard value for a St. Louis pedestrian accident claim.
The value depends on factors such as:
- The nature and severity of the injuries
- Medical treatment
- Recovery and prognosis
- Whether future treatment may be necessary
- Effect on employment and earning capacity
- Effect on independence and everyday activities
- Available insurance
- Liability
- Comparative fault
- The strength of the available evidence
A settlement figure from someone else’s pedestrian accident cannot reliably tell you what your own claim may be worth.
What We’ve Learned From Handling Serious Injury Claims
The first medical record doesn’t always tell the full story of an injury.
After a serious collision, someone may initially be focused on the most obvious injury — a fracture, surgery or head injury — while the longer-term effects only become clear during recovery.
Can they return to the same work?
Can they walk the same distances?
Can they drive?
Can they care for their children or themselves in the same way?
Will they need further surgery, rehabilitation or assistance?
Those questions matter because a serious injury claim isn’t only about what treatment has already happened.
We look at the medical evidence, the course of recovery, the effect on work and independence, and what healthcare providers say about future needs when evaluating the losses associated with a serious pedestrian injury.
What Happens When Roach Law Handles a Pedestrian Accident Claim?
1. We Start With What Happened
We listen to where you were, where the vehicle came from, what you remember about the collision and what happened immediately afterward.
2. We Preserve and Investigate the Evidence
Depending on the case, this may include crash reports, photographs, video, witnesses, roadway evidence, traffic controls, vehicle damage and other available records.
3. We Examine the Applicable Rules
We consider the Missouri traffic and pedestrian rules that may apply to the location and circumstances of the collision.
4. We Document Your Injuries
We review the medical evidence and how the injuries have affected your work, independence and everyday life.
5. We Identify Responsible Parties and Insurance
The responsible party may be the driver, but some cases require investigation into additional parties or insurance coverage.
6. We Build and Pursue the Claim
Once the evidence and medical picture are sufficiently developed, we assess the losses supported by the case, deal with the insurer and discuss the available options if liability or compensation is disputed.
How Long Do You Have to File a Pedestrian Accident Lawsuit in Missouri?
Missouri generally provides five years for an action involving injury to a person, which can apply to many pedestrian accident personal injury lawsuits.
However, you should not assume that five years applies to every pedestrian accident claim.
Different deadlines, notice requirements or procedural rules may apply depending on the circumstances and the parties involved.
And the legal deadline isn’t the only reason to act sooner.
Evidence doesn’t wait.
Video can be overwritten. Vehicles can be repaired. The collision scene can change. Witnesses can become harder to locate.
Getting legal advice early can help identify the deadline that may apply and the evidence that should be preserved.
Missouri’s five-year statute of limitations for personal injury claims
St. Louis Pedestrian Accident Resources
Visit Our Personal Injury Law Office in St. Louis, MO
Roach Law Car Accident Lawyers
1010 Market St Suite 1605, St. Louis, MO 63101
(636) 519-0085
St. Louis Hospitals and Emergency Rooms
- Barnes-Jewish Hospital — 400 S Kingshighway Blvd, St. Louis, MO 63110
- St. Louis Children’s Hospital — 1 Children’s Place, St. Louis, MO 63110
- Missouri Baptist Medical Center — 3015 N Ballas Rd, St. Louis, MO 63131
- Mercy Hospital St. Louis — 615 S New Ballas Rd, St. Louis, MO 63141
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