A pedestrian about to get hit by a car.

Have you been injured by a careless or negligent car or truck driver while walking? A pedestrian accident can leave you with severe injuries and an enormous financial burden. But the law offers hope for those who have been injured. An experienced Kansas City pedestrian accident lawyer can help protect your rights and secure compensation.

At Holman Schiavone, LLC, we help people who have suffered pedestrian accident injuries. We share what you need to know about your rights, the legal definition of negligence, and the support you can expect from an attorney. Our attorneys are well-versed in the laws that govern these cases and will work with you personally to pursue legal success.

Have you been injured in a pedestrian accident? Contact us today online or by telephone at 816-320-6108 to speak with an experienced Kansas City, Missouri, personal injury attorney.

Understanding Your Rights as a Pedestrian in Kansas City

Knowing your legal rights as a pedestrian in Kansas City is crucial. When traversing the city’s streets, you’re entitled to protection under the law. This means that drivers are expected to:

  • Exercise caution near busy sidewalks, parking lots, or when backing out of driveways
  • Be aware of pedestrians and yield to them when necessary
  • Follow traffic signals and signs
  • Maintain a safe speed and not drive recklessly
  • Give pedestrians the right of way in crosswalks

If drivers fail to do so, resulting in an accident, they may be held accountable for the injuries sustained.

If you’ve been involved in a Kansas City pedestrian accident, you’re entitled to seek compensation for any serious injuries sustained. Compensation can be sought for a range of injuries, from minor to catastrophic, depending on the specific circumstances of the accident. Factors such as the size, speed, and weight of the vehicle, as well as the location of impact on the pedestrian, can influence the severity of injuries.

Pedestrian Accident Lawsuits

Because of the nature of pedestrian accidents, the resulting injuries are typically severe and sometimes result in wrongful death. A pedestrian hit by a moving car can suffer a wide range of injuries, from broken bones, to head and spinal cord injuries.

Some of the common types of pedestrian accidents involve:

If you have been injured by a careless car or truck driver while on foot, the negligent party’s insurance provider will likely try to deny liability. They may say the accident was your fault — that you were not paying attention or that you should have taken precautions to avoid the accident. Our attorneys at Holman Schiavone Law, LLC know how to use the facts to present compelling arguments for our clients. We will do everything we can to help you obtain justice and compensation for your injuries.

The Role of Negligence in Pedestrian Accidents

In pedestrian accidents, negligence plays a significant role. Negligence is defined as the lack of reasonable care in road behavior, leading to accidents. This can encompass hazardous actions by drivers that endanger pedestrians.

To file a pedestrian accident claim and seek compensation for damages, it’s important to comprehend what constitutes negligence.

Distracted Driving and Pedestrian Safety

Distracted driving is a common form of negligent behavior that often results in pedestrian accidents. This encompasses activities such as:

  • eating
  • operating GPS
  • texting
  • engaging with other distractions while driving

These distractions often lead to accidents, endangering pedestrians.

In the event that distracted driving leads to the injury of a pedestrian, the driver can be deemed legally responsible and held liable for the consequences. This includes any injuries sustained by the pedestrian and the associated medical expenses.

Speeding: A Critical Factor in Accident Severity

Another common cause of pedestrian accidents is speeding. Elevated vehicle speeds are significantly linked to an increased probability of pedestrian accidents and more severe consequent pedestrian accident injuries. As vehicle speed rises, the likelihood of severe injuries and fatalities for pedestrians rises sharply.

In Kansas City, recent data shows an increase in traffic-related pedestrian injuries, including Kansas City pedestrian accidents. Drivers who engage in speeding and cause pedestrian accidents may be subject to criminal penalties for their actions and may also be held liable for civil damages to compensate the injured pedestrians.

Traffic Light Violations and Crosswalk Incidents

Pedestrian safety in Kansas City is greatly affected by traffic light violations and crosswalk incidents. Typical types of traffic light violations that may result in pedestrian accidents include running red lights, aggressive driving, and failing to comply with traffic signals.

If a driver disregards traffic signals and causes an accident, the driver may be deemed responsible for the resulting damages, giving pedestrians the possibility of receiving compensation. Crosswalk accidents occur daily in Kansas City, underscoring the significance of complying with pedestrian safety laws.

Identifying Liable Parties After a Pedestrian Collision

After a pedestrian collision, determining who is liable is an important step towards securing compensation. This process includes:

  • Determining fault and legal liability
  • Analyzing the crossing and statutes
  • Gathering firsthand accounts and evidence
  • Conducting a thorough investigation with the assistance of an attorney.

The evidence gathered during the investigation includes determining distracted or inattentive driving, examining the collision forensically, and collecting physical evidence such as photographs, tire marks, vehicle damage, rest positions, and blood stains. Furthermore, law enforcement plays a pivotal role in gathering evidence, interviewing witnesses, and documenting the incident through police reports which can later be crucial in determining legal liability.

Types of Compensation Available for Pedestrian Accident Victims

If you’re a victim of a pedestrian accident, you may pursue compensation for both economic and non-economic damages. This means that you can recover expenses related to their injuries, as well as seek compensation for pain and suffering.

Economic Damages: Calculating Your Financial Losses

The financial losses resulting from a pedestrian accident are covered by economic damages. These typically include medical bills, lost wages, and property damage. The calculation of economic damages in pedestrian accidents is based on proof of the accident, such as medical bills and wage loss documentation.

Medical expenses related to the treatment of injuries sustained in a pedestrian accident, encompassing both immediate and ongoing medical care, are considered as part of economic damages for economic losses. Maximum medical improvement (MMI) is the stage at which the individual has recuperated to the anticipated extent, playing a critical role in accurately determining the complete scope of economic damages.

Non-Economic Damages: Valuing Pain and Suffering

Contrarily, non-economic damages correspond to damages that are not tied to financial costs, expenses, or losses. In the case of a pedestrian accident victim, they provide compensation for:

  • pain and suffering
  • emotional distress
  • loss of enjoyment of life
  • loss of consortium (loss of companionship or support from a spouse)
  • disfigurement or scarring
  • loss of reputation

These damages are meant to compensate for intangible losses that cannot be easily quantified.

Methods such as the per diem method, which assigns a daily dollar amount for each day the victim experiences pain and suffering, or by multiplying the claimant’s total medical bills by a multiplier which reflects the severity of the injuries, are used to calculate pain and suffering.

Courts in Kansas City evaluate emotional distress by taking into account its severity and determining the suitable compensation amount.

What Sets Our Kansas City Pedestrian Accident Lawyers Apart

A car accident at night.

Our team of seasoned lawyers at Holman Schiavone Law, LLC sets itself apart with their unwavering dedication, extensive experience, and steadfast commitment to upholding our clients’ rights. Our attorneys possess legal skills and experience in handling pedestrian accident cases, ensuring the rights of our clients are protected and preserved.

Our firm has a substantial history of effectively representing individuals involved in pedestrian accidents and achieving favorable settlements and verdicts. As an experienced pedestrian accident lawyer, we have assisted individuals who have sustained injuries in pedestrian accidents and crosswalk accidents, proving our proficiency in handling such cases.

Steps to Take Following a Kansas City Pedestrian Accident

Following a pedestrian accident, taking certain steps to safeguard your rights is vital. Here are some important steps to take:

  1. Promptly report the accident to the authorities by contacting emergency services via 911 for immediate assistance and medical care.
  2. Gather relevant details at the scene, such as the driver’s and witnesses’ contact information.
  3. Provide essential details for the official police report within 30 days from the occurrence.
  4. Document the accident scene and your injuries through photographs for insurance purposes.
  5. It’s also advisable to have an attorney handle communications directly with the insurance company to protect your rights.

Proving Liability in Complex Pedestrian Accident Cases

Establishing liability in pedestrian accident cases often necessitates the involvement of a seasoned attorney who can carefully assess multiple factors and ascertain negligence. Essential evidence such as:

  • police reports
  • eyewitness accounts
  • accident reconstruction analysis
  • medical evidence

is crucial for accurately determining fault and challenging unreasonable allegations of pedestrian negligence.

Eyewitness accounts often play a significant role in establishing liability. Their first-hand accounts provide clarity on the fault of the parties involved, providing a more comprehensive understanding of the accident’s circumstances.

How We Handle Insurance Companies and Settlement Negotiations

At Holman Schiavone Law, LLC, we represent our clients during interactions with insurance companies and in settlement negotiations. We adopt a proactive approach in representing our clients, engaging in negotiations with the at-fault party’s insurance company to obtain a settlement that addresses their past, present, and future requirements.

We understand the tactics employed by insurers to minimize their liability and reduce the compensation amount. Our experienced lawyers are skilled at negotiating, ensuring their clients receive the full compensation they deserve.

Catastrophic Injuries and Their Long-Term Impact

Victims of pedestrian accidents can experience long-term consequences from catastrophic injuries, such as traumatic brain injury. These injuries often require long-term medical care and treatment, resulting in substantial financial losses. At Holman Schiavone Law, LLC, we fight for fair compensation to cover these ongoing needs through a personal injury lawsuit.

Determining compensation for the long-term needs of catastrophic injury victims includes considering loss of wages, medical care received, and future needs. We work diligently to ensure that our clients receive compensation to cover both the current and future medical expenses related to their injuries.

Why Timely Legal Action is Crucial for Pedestrian Accident Claims

For pedestrian accident claims, taking legal action promptly is of the essence.

Delaying legal action can have several negative consequences, including:

  • Significantly extending the settlement process
  • Creating complexities in negotiating fair compensation

Therefore, it is essential to act promptly and seek legal assistance as soon as possible following an accident.

How Holman Schiavone Law, LLC Can Help You

Pedestrian accidents can be life-altering, leading to severe injuries and long-term impacts on victims’ lives. Understanding your rights as a pedestrian, the role of negligence in such accidents, and the process of identifying liable parties is crucial for seeking compensation. At Holman Schiavone Law, LLC, we take pride in standing up for pedestrian accident victims, providing diligent representation, and fighting for the justice and compensation they deserve.

Our commitment extends to assisting you through the complexities of your pedestrian accident case. Our skilled and experienced attorneys are always ready to provide compassionate support and diligent representation.

If you or someone close to you has been injured in a pedestrian accident, we are on your side. To schedule a complimentary consultation with our pedestrian accident lawyers, you can contact us today online or by telephone at 816-320-6108 to speak with an experienced Kansas City, Missouri, personal injury lawyer. We are here to assist you in your time of need, ensuring a just settlement for your case and helping you to move forward with dignity and confidence.

Frequently Asked Questions

What rights do pedestrians have in Kansas City?

Pedestrians in Kansas City have the right-of-way in crosswalks, and drivers are expected to exercise caution near sidewalks and parking lots. Always yield to pedestrians when driving.

How can Holman Schiavone Law, LLC help in a pedestrian accident case?

Holman Schiavone Law, LLC can help in a pedestrian accident case by offering diligent representation, handling communications with insurance companies, managing case investigations, and navigating the complexities of such cases.

What types of compensation are available for pedestrian accident victims?

Pedestrian accident victims can seek compensation for medical bills, lost wages, and pain and suffering to cover both economic and non-economic damages.

How is liability established in pedestrian accident cases?

Liability in pedestrian accident cases is established through the involvement of a seasoned attorney who can assess multiple factors, gather essential evidence, and ascertain negligence. An attorney’s experience and knowledge are crucial in determining liability in such cases.