Guidance From Lawyers Who Care

Filing a negligence claim following a pedestrian accident

On Behalf of | Aug 29, 2022 | Car Accidents

Missouri drivers are legally required to yield to pedestrians who are crossing their side of the street in a marked crosswalk. Despite this law, motor vehicles continue to strike pedestrians who are legally crossing the street, causing them to suffer severe injuries.

If you were struck by a vehicle while walking, you may file a personal injury claim against the driver of the vehicle. You may allege that:

  • The driver did not do their duty to you by failing to operate his vehicle safely.
  • The driver was negligent by not paying attention, driving too past, not stopping at a stop sign, etc.
  • The driver’s negligence caused your accident.
  • You suffered injuries as a result of the accident.

What if I am partially responsible for my own accident?

Under Missouri law, pedestrians who are crossing the street anywhere other than in a marked crosswalk or within a unmarked intersection crosswalk must yield the right of way to motor vehicles. Pedestrians also must not cross in prohibited areas or suddenly walk in front of a vehicle in a way that makes it impossible for the driver to stop and yield to the pedestrian.

The driver of the vehicle that struck you may allege that your own negligence contributed to the accident. Under Missouri’s comparative negligence laws, you can still recover damages from the driver of the other vehicle even if you were partially responsible for the accident. Your damages will be reduced by the percentage of fault attributed to you by a judge or jury.

If you were struck by a vehicle while walking on the street, an attorney can help you recover the damages you deserve.