Pedestrian safety is a significant problem as the Centers for Disease Control and Prevention estimates that on average there is one crash related pedestrian death every two hours and a pedestrian injury every seven minutes. The risk of injury or death does disproportionately affect certain pedestrian sub-categories. Older adults are more likely to be killed or injured as a pedestrian since twenty percent of pedestrian death and nine percent of pedestrian injuries are sustained by elderly individuals over the age of sixty-five.1 Minors under the age of 15 are also at significant risk since pedestrians fatalities account for one in five deaths sustained by children involved in a traffic crash.2 Another common at risk pedestrian party are those individuals who are alcohol-impaired or who are involved in a traffic collision with an alcohol impaired driver. Whether or not a pedestrian accident involves an at-risk individual or results in a fatality or injury, there are often common questions associated with pursuing a pedestrian accident case.
How can I be considered partially at fault for a pedestrian accident?
There are several ways in which a pedestrian who is injured in a traffic collision may be considered partly at fault. Some of the common reasons may include if a pedestrian was jaywalking, crossing in the middle of the street, or walking outside of a designated crosswalk; walking against the traffic signal by crossing the street under a do not walk command; crossing a street or highway in a dangerous manner or condition such as while intoxicated or when distractedly using a cell phone; or when crossing in a prohibited area such as a highway, bridge, or ramp.3
How will my recovery be effected if I am partly at fault for my pedestrian accident?
The state of Missouri follows a shared fault or pure comparative fault rule which will reduce the amount of compensation an injured party can receive based on the percentage of fault he or she has in the accident.4 This means that a pedestrian is not barred from recovering for any amount equal to the percentage of fault held by the driver involved in the traffic crash.
What are the types of losses or damages recoverable from a pedestrian accident case?
The compensation that is recoverable from a pedestrian accident is very similar to any other personal injury lawsuit. Some of the common damages include medical expenses, lost earnings (including loss of future earning capacity), general damages for pain, suffering, and emotional distress.
How does a statute of limitations effect a pedestrian accident case?
A statute of limitations is a state law or regulation that restricts the ability to file a lawsuit by placing a time limit on an injured party’s right to file a lawsuit and go to court.5 In the state of Missouri, the revised statute limits anyone injured in an accident by requiring the filing of a civil lawsuit to be within five years of the date of the accident.6
Contact an Experienced St. Louis Personal Injury Attorney for a Free Consultation
If you have been involved in a pedestrian accident, it is important to discuss the circumstances of your injury with an experienced personal injury attorney who can help to protect your legal rights and interests. To contact a personal injury attorney for a free consultation please feel free to call the The Bruning Law Firm trial attorneys at 314-735-8100.
Resources:
- http://www.cdc.gov/motorvehiclesafety/pedestrian_safety/
- http://www.alllaw.com/articles/nolo/auto-accident/pedestrian-fault-car-accident.html
- http://www.alllaw.com/articles/nolo/personal-injury/laws-missouri.html
- http://www.nolo.com/legal-encyclopedia/what-the-car-accident-statute-limitations-missouri.html
