Pedestrian Accident Lawsuits
Accidents involving pedestrians are much more common than most people realize. According to the National Highway Traffic Safety Association (NHTSA), every year close to 80,000 pedestrians are injured as a result of being struck by a car or truck. Approximately 5,000 of these injuries are fatal. Pedestrians encompass everyone from children walking to school, to members of the workforce walking to lunch. In essence, we are all pedestrians.
Due to the staggering number of pedestrian accidents and deaths, the NHTSA and Federal Highway Administration (FHWA) are launching a new set of tools aimed a reducing this epidemic. These tools include their everyone is a pedestrian website with safety tips and resources for local leaders, city planners, parents and all other interested parties, as well as grants to cities with the highest rate of pedestrian deaths.
The unprotected nature of pedestrian accidents results in horrific injuries and deaths. Today’s growing distracted drivers are fueling these unnecessary losses. Those injured are entitled to reimbursement for all of their harms and losses.
Driver Liability in Pedestrian Accidents
Determining fault in a motor vehicle vs. pedestrian accident should be simple – after all, a human being is no match for a two ton car or a five ton truck. In reality, insurance companies will do everything they can to place blame on the victim.
A driver may be liable for a pedestrians injuries if he or she did any of the following at the time of the accident:
- Went over the posted speed limit
- Failed to yield the right of way to you in a marked cross walk
- Drove while intoxicated
- Drove while distracted
- Ignored traffic signals or signs
- Disregarded hazardous weather and/or traffic conditions
Pedestrians should always do their part as well by using cross-walks and paying careful attention to traffic control devices. Section 300.375 of the Missouri Revised Statutes provides that when there are not any traffic control devices/signals in place, the driver of the vehicle shall always yield the right-of-way to a pedestrian crossing the roadway.
Premises Liability in Pedestrian Accidents
Not all pedestrian accidents involve motor vehicles. Property owners have a duty to neighbors, postal works, guests and others lawfully on their property, to keep their property free from defects and hazards which are likely to cause injury. The following are common types of non-auto pedestrian accidents which are responsible for thousands of injuries each year:
- Poorly maintained sidewalks
- Uneven surfaces
- Construction sites that are not properly roped off
- Broken escalators
- Security defects
- Swimming pool accidents
- Slip and fall accidents
- Wet floor accidents
- Hidden snares and traps
- Dog bites
Hiring a Pedestrian Accident Lawyer
Sadly, even when pedestrian accidents are caused by driver negligence or recklessness, insurance companies will try to thwart victims’ efforts to receive reimbursement for their harms and losses. Reducing or refusing to pay claims is how insurance companies turn a profit; therefore, if they can, they will try to prove that the victim was at fault for the accident. In order to deny your claim, they may accuse you of any of the following:
- Ignoring the “walk” signal at an intersection
- Crossing the street outside of marked cross walks
- Walking into traffic and causing a disruption in the flow
- Darting into traffic
St. Louis accident lawyer Chris Dixon is familiar with these tactics and has successfully proven the innocence of his clients – the victims – in disputes with large insurance companies.
If you have sustained an injury as a pedestrian, contact accident attorney Christopher Dixon for a FREE case consultation. Chris is recognized by the National Trial Lawyers Association as a Top 100 Trial lawyer and a Life-Time Member of the Million Dollar Advocates Forum. Our lawyers are standing by 24 hours a day, 7 days a week to discuss your case by calling 314-409-7060, or Toll-Free at 855-40-CRASH.