St. Louis, Missouri, has busy intersections, downtown streets, residential areas, and commercial districts where pedestrians and motorists share the road every day. When a collision happens, understanding how Missouri law protects injured pedestrians can help them make informed decisions.
Injured pedestrians in Missouri have important legal rights after being struck by a vehicle, especially when another person’s negligence contributed to the accident. These rights may include seeking compensation for medical bills, lost wages, pain and suffering, and other losses resulting from the injury.
A St. Louis pedestrian accident attorney can review the circumstances and explain what legal options may be available.
The Right to Seek Compensation
An injured pedestrian may have the right to seek compensation from a responsible driver or another liable party. A claim can cover both immediate expenses and losses that continue after the accident.
Depending on the circumstances, damages may include:
- Emergency and ongoing medical treatment
- Rehabilitation and therapy
- Lost wages and reduced earning capacity
- Physical pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Other accident-related expenses
The nature and severity of the injuries, along with supporting evidence, can influence the value of a claim.
The Right of Way Can Matter
An injured pedestrian has the right to have right-of-way rules properly considered when determining who caused the collision. Under RSMo § 300.375, drivers must yield to pedestrians in certain crosswalk situations, subject to the circumstances described by the statute.
At the same time, Missouri law places responsibilities on pedestrians. RSMo § 300.390 addresses situations where pedestrians must yield to vehicles, including certain crossings outside crosswalks.
These rules can become important when an insurance company disputes responsibility for an accident. A pedestrian accident attorney can examine traffic signals, crosswalk markings, witness accounts, photographs, and other evidence to establish what happened.
The Right to Compensation Under Comparative Fault
Missouri uses comparative fault principles when multiple parties may have contributed to an accident. This means an injured pedestrian’s compensation can be affected by the percentage of fault assigned to them.
For example, if a driver was speeding but the pedestrian also crossed in a way that contributed to the collision, both actions may be considered. An injured pedestrian can still have a claim, making it important to have the evidence evaluated rather than assuming shared fault eliminates the right to compensation.
The Right to Account for Future Losses
Some pedestrian accidents cause injuries that require long-term treatment or affect a person’s ability to work. An injured pedestrian may have the right to seek damages for reasonably supported future losses, in addition to expenses already incurred.
These damages can be particularly relevant when an accident results in a serious fracture, spinal injury, traumatic brain injury, permanent disability, or lasting limitations.
Deadline to Pursue a Legal Claim
Missouri also sets deadlines for personal injury lawsuits. RSMo § 516.120 generally provides a five-year limitation period for qualifying actions involving personal injuries, although the specific circumstances of a case can affect which deadline applies.
Getting legal advice promptly can help an injured pedestrian identify the applicable deadline and preserve important evidence.
How a Pedestrian Accident Attorney Can Help
Protecting these rights often requires more than simply filing an insurance claim. An attorney may help by:
- Investigating the collision and determining liability.
- Collecting accident reports, photographs, and witness statements.
- Documenting medical treatment and financial losses.
- Addressing arguments involving right of way or comparative fault.
- Negotiating with insurance companies.
- Pursuing a lawsuit when necessary.
Key Takeaways
- Injured pedestrians may have the right to seek compensation for accident-related losses.
- Right-of-way rules can help establish responsibility for a collision.
- Comparative fault can affect compensation when a pedestrian and driver both contributed to an accident.
- Missouri statutes can be relevant to pedestrian injury claims.
- A pedestrian accident attorney can help protect an injured person’s rights and pursue appropriate compensation.
