Pedestrian accidents can cause devastating injuries and overwhelming financial stress. If a driver’s negligence led to your injuries in St. Louis or Metro East, you may have the right to pursue compensation under Missouri or Illinois law.
The Bruning Law Firm has fought for injured pedestrians throughout the Midwest for over 35 years. Whether you were hit crossing Grand Avenue, walking near Forest Park, or anywhere else in our bi-state region, knowing your legal options empowers you to seek justice.
Table of contents
- Key Takeaways
- Understanding Your Right to Sue After a Pedestrian Accident
- Missouri vs. Illinois Pedestrian Accident Laws
- Types of Damages You Can Pursue
- Building Your Pedestrian Accident Case
- The Legal Process of Suing
- Common Defenses and How to Overcome Them
- Why Legal Representation Matters
- FAQ for Can You Sue Someone for Running You Over?
- Your Path to Justice Starts Today
Key Takeaways
- Yes, you can sue someone for running you over if their negligence caused your injuries—Missouri and Illinois law protect pedestrians' rights to seek compensation.
- Missouri allows 5 years to file a personal injury lawsuit while Illinois provides 2 years, making prompt legal action essential.
- Compensation may include medical expenses, lost wages, pain and suffering, and in catastrophic injury cases, substantial financial recovery.
- Both states follow comparative fault rules that may reduce compensation if you share partial responsibility for the accident.
- Insurance companies often attempt quick, lowball settlements—having experienced legal representation may improve your chances of fair compensation.
Understanding Your Right to Sue After a Pedestrian Accident
When a vehicle strikes you as a pedestrian, the law recognizes your fundamental right to seek compensation for injuries caused by another's negligence. This legal principle applies whether you were in a marked crosswalk on Delmar Loop or crossing a residential street in O'Fallon, Illinois.
Legal Basis for Pedestrian Lawsuits
Personal injury law establishes that drivers owe pedestrians a duty of care. When drivers breach this duty through careless behavior, they become legally liable for resulting injuries.
To successfully sue someone for running you over, you must establish four essential elements:
- Duty of care: The driver had a legal obligation to drive safely and watch for pedestrians
- Breach of duty: The driver violated traffic laws or failed to exercise reasonable caution
- Causation: The driver's negligent actions directly caused your injuries
- Damages: You suffered actual harm requiring medical treatment, causing lost wages, or creating other losses
Missouri and Illinois courts recognize that pedestrians are particularly vulnerable. According to NHTSA, 7,314 pedestrians were killed and more than 68,000 pedestrians were injured nationwide in 2023, highlighting the serious risks pedestrians face daily.
When Drivers Are Liable
Drivers bear significant responsibility for pedestrian safety. Common scenarios where drivers face clear liability include striking pedestrians in crosswalks, hitting someone on a sidewalk, or colliding with pedestrians due to distracted driving, speeding, or impairment.
The legal concept of "negligence per se" applies when drivers violate traffic laws. If a driver runs a red light and strikes you in the crosswalk, their traffic violation establishes automatic negligence in many cases.
Missouri vs. Illinois Pedestrian Accident Laws
The Bruning Law Firm's unique position serving both Missouri and Illinois gives us insight into how each state's laws affect your pedestrian accident claim. Understanding these differences proves crucial for strengthening your pedestrian accident claim.
Statute of Limitations Differences
Time limits for filing lawsuits vary significantly between states. Missouri provides 5 years from the accident date to file a personal injury lawsuit. Illinois victims face a tighter 2-year deadline.
Missing these deadlines eliminates your right to sue. Special circumstances can affect time limits:
- Minors: Missouri's clock typically doesn't start until age 18; Illinois provides until the victim's 20th birthday
- Government defendants: Missouri requires 90-day notice; Illinois has specific claim procedures
- Wrongful death: Missouri allows 3 years; Illinois provides 2 years
Comparative Fault Rules
Both states recognize that accidents sometimes involve shared responsibility, but they handle this differently. Missouri follows "pure comparative fault"—you can potentially recover damages even if you're 99% at fault, though your compensation reduces by your fault percentage.
Illinois uses "modified comparative fault" with a 51% bar. If you're more than 50% responsible, Illinois law prevents any recovery.
Insurance Requirements
Missouri and Illinois mandate identical minimum coverage: $25,000 per person and $50,000 per accident in liability coverage, plus matching uninsured motorist protection.
These minimums often prove inadequate for serious pedestrian injuries. Medical costs can quickly exceed policy limits.
Types of Damages You Can Pursue
Pedestrian accident victims often face overwhelming financial burdens alongside physical and emotional trauma. Missouri and Illinois law recognize various forms of compensation to help you rebuild your life.
Economic Damages
Economic damages represent measurable financial losses. Medical expenses often constitute the largest portion, from emergency treatment to months of physical therapy. This includes ambulance transportation, surgery, medication, and future medical needs.
Lost wages compensate for income missed during recovery. Documentation from your employer proves these losses. Future lost earning capacity applies when injuries prevent you from returning to your previous occupation.
Additional economic damages might include property damage, household help, childcare, and transportation to medical appointments.
Non-Economic Damages
Beyond financial losses, pedestrian accidents inflict profound personal suffering. Non-economic damages acknowledge pain and suffering, emotional trauma, loss of enjoyment of life, permanent scarring, and impact on relationships.
Courts consider the severity and duration of physical pain, emotional anguish, and how injuries affect your daily activities. Non-economic damages often exceed economic losses in serious pedestrian accidents.
Punitive Damages
In cases involving egregious conduct, courts may award punitive damages to punish defendants and deter similar behavior. Drunk driving or intentionally striking pedestrians might justify these awards. Both states limit punitive damages to cases showing "complete indifference to or conscious disregard for safety."
Building Your Pedestrian Accident Case
Success in pedestrian accident lawsuits depends on thorough preparation and compelling evidence. The moments after your accident, though traumatic, offer crucial opportunities to strengthen your eventual claim.
Gathering Evidence
Strong evidence is the foundation of your case for compensation. Evidence collection proves invaluable:
- Photographs: Vehicle positions, skid marks, traffic signals, and injuries
- Witness information: Names and contact details from anyone who saw the accident
- Police reports: Officers document crucial details and often assign preliminary fault
- Medical records: Seek immediate treatment and maintain comprehensive documentation
Our team understands where to look for critical evidence that can strengthen a case. Traffic camera footage, business security systems, and doorbell cameras can provide crucial proof.
Working With Insurance Companies
Insurance adjusters work against your interests immediately after accidents. Their goal—minimizing payouts—conflicts with your need for fair compensation.
Common tactics include calling while you're medicated, offering quick settlements before understanding the extent of the injury, disputing treatment necessity, arguing fault, and delaying responses. Never provide recorded statements or sign anything without legal representation.
The Bruning Law Firm carries on a three-generation legacy of serving families across Missouri and Illinois. We handle all communications, preventing insurers from taking advantage during your recovery.
The Legal Process of Suing
Understanding the litigation journey helps set realistic expectations. While most cases settle before trial, preparing for court strengthens your negotiating position.
Filing Your Lawsuit
Initiating a lawsuit involves precise legal procedures that vary between Missouri and Illinois courts. Your attorney drafts a complaint outlining the defendant's negligence and demanded compensation.
After the plaintiff has filed, defendants typically have 30 days to respond. This begins the discovery phase where both sides exchange evidence and take depositions.
Settlement vs. Trial
Many pedestrian accident cases settle without trial. Settlement offers faster resolution, guaranteed compensation, and lower costs. However, accepting inadequate settlements leaves victims undercompensated.
The Bruning Law Firm prepares every case for trial while pursuing fair settlements. Preparing every case for trial often leads to stronger settlement offers.
Trial becomes necessary when defendants deny liability or refuse reasonable compensation. Our trial experience throughout Missouri and Illinois courtrooms gives clients confidence pursuing fair compensation.
Common Defenses and How to Overcome Them
Defendants and their insurance companies rarely admit fault without a fight. Understanding their likely defenses helps you and your attorney prepare effective counterarguments.
Contributory Negligence Arguments
The most common defense claims you contributed to the accident. Defendants might argue you crossed against signals, wore dark clothing, or were distracted. These arguments aim to reduce their liability under comparative fault rules.
Overcoming contributory negligence requires demonstrating the driver's negligence was the primary cause. Evidence showing the driver was speeding, distracted, or violated traffic laws strengthens your position.
Challenging Defendant's Version
Defendants often present self-serving versions that minimize their responsibility. They might claim you "darted out" suddenly or were somewhere you shouldn't have been. Physical evidence frequently contradicts these narratives.
Accident reconstruction experts prove invaluable in complex cases. Using physics, vehicle damage patterns, and injury mechanisms, experts can demonstrate what actually occurred. We work with trusted accident reconstruction professionals throughout the Midwest when needed. Their testimony can prove decisive in cases where defendants attempt to shift blame to innocent pedestrian victims.
Why Legal Representation Matters
Attempting to handle a pedestrian accident claim alone puts you at tremendous disadvantage. Insurance companies and defense attorneys might exploit unrepresented victims' lack of legal knowledge and negotiating experience.
Strengthening Your Compensation Claim
Experienced attorneys understand damage categories and proper documentation. Many victims don't realize they can claim future medical costs, lost earning capacity, or full pain and suffering damages.
Legal representation frequently results in higher settlements than self-representation. Attorneys know which experts to consult and when to push for more versus accepting offers. The contingency fee structure aligns attorney interests with maximizing your compensation.
Navigating Complex Legal Requirements
Pedestrian accident cases involve intricate procedural requirements that trap unwary plaintiffs. Missing deadlines, failing to properly serve defendants, or inadequate discovery responses can derail otherwise strong cases.
The Bruning Law Firm's bi-state practice uniquely positions us to handle cases regardless of where your accident occurred. Whether navigating Missouri's five-year statute or Illinois's two-year deadline, we ensure all procedural requirements are met while building compelling cases for compensation.
FAQ for Can You Sue Someone for Running You Over?
What if the driver who hit me was uninsured?
Uninsured motorist coverage becomes crucial when negligent drivers lack insurance. Both states require minimum coverage of $25,000 per person and $50,000 per accident. Your auto insurance may provide compensation even as a pedestrian. Pursuing personal assets remains possible, though collecting from uninsured defendants proves challenging.
Can I still sue if I was jaywalking?
Jaywalking doesn't automatically bar recovery. Missouri's pure comparative fault allows recovery even if you're primarily at fault, reducing damages by your fault percentage. Illinois's 51% bar means recovery remains possible if the driver bears more fault. Factors like driver speed or impairment often outweigh technical jaywalking violations.
How long do pedestrian accident lawsuits typically take?
Case duration varies based on injury severity, liability disputes, and court schedules. Simple cases with clear liability might settle within 6-12 months after completing medical treatment. Complex cases involving catastrophic injuries or disputed liability often require 12-24 months or longer. Beginning legal representation promptly helps preserve evidence and meet all deadlines while allowing sufficient time for understanding your injuries' full impact before settling.
What if I was hit in a parking lot or private property?
Parking lot accidents follow similar legal principles. Property owners may share liability for dangerous conditions like inadequate lighting. Missouri and Illinois premises liability laws create duties for safe conditions.
Should I accept the insurance company's first settlement offer?
First settlement offers rarely reflect fair compensation and often arrive before understanding your injuries' full extent. Insurance companies know unrepresented victims frequently accept inadequate settlements from financial pressure. Early offers typically exclude future medical costs and appropriate pain and suffering damages. Consulting an attorney before accepting any settlement ensures you understand your case's true value. The Bruning Law Firm provides free consultations to evaluate whether insurance offers fairly compensate your losses.
Your Path to Justice Starts Today
Being run over by a vehicle turns your world upside down in seconds. Medical bills pile up while you're unable to work. Physical pain compounds emotional trauma. Insurance companies pressure you to settle quickly for less than you deserve. You don't have to face this challenging journey alone.
The Bruning Law Firm carries on a three-generation legacy of fighting for injured individuals throughout Missouri and Illinois. From our St. Louis headquarters to communities across Metro East, we understand the devastating impact pedestrian accidents have on victims and families. Our $250 million+ in recoveries demonstrates our commitment to securing maximum compensation for those we represent.
Don't let statutes of limitations expire while hoping insurance companies will treat you fairly. Whether your accident happened on busy Manchester Road or quiet residential streets, you deserve skilled legal representation. Contact The Bruning Law Firm at (314) 735-8100 for your free consultation. Let our family fight for yours during this difficult time.
A.J. Bruning
Founder
I was born and raised to represent individuals who have been needlessly injured. I mean that literally. At a young age my father would tell me about the clients he was representing. I would meet them and take pride in their admiration of my father. I always knew I wanted to be a lawyer and represent clients that needed my help.
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