Missouri Pedestrian Accident Attorneys
The U.S. National Highway Traffic Safety Administration reported that in 2015, 5,376 people were killed in pedestrian/motor vehicle crashes. That is nearly 15 people every day of the year. There were an estimated 70,000 pedestrians injured in crashes in 2015, compared to 61,000 in 2006 — a nearly 15 percent increase over ten years. We also know from hospital records that only a fraction of pedestrian crashes are ever recorded by police.
Here is a breakdown according to the National Highway Traffic Safety Administration of who is getting killed in pedestrian crashes. We know that 70 percent of pedestrians killed in 2014 were males and almost three out of every four were killed in urban areas. More than a quarter of the deaths occurred between 6:00 p.m. and 8:50 p.m. The average age of a pedestrian killed was 47, and 34 percent of pedestrians killed had a blood alcohol concentration of 0.08 g/dL or higher.
If you are a pedestrian that has been hit by a car, truck or bus, your primary claim will usually be against the driver. You may also be able to bring a claim against the municipality in which you were hit if unsafe streets or traffic control devices played a role in your accident. You should immediately call the police if you were involved in an accident. An ambulance should also be called if someone sustained physical injuries. Make sure that you take plenty of photographs of the scene and the vehicle that hit you. Get contact information of any witnesses and their accounts of the accident. Make sure that you get the driver's name, vehicle and insurance information. After the accident, you should call your insurance company and notify them of what happened.
Negligence and traffic laws require drivers to be alert to what is around them. Drivers have a legal obligation to avoid what is in the road and to act in a safe, prudent manner. If a pedestrian is hit in a crosswalk, the accident will likely be the driver's fault. If the pedestrian is not in a crosswalk when hit, the pedestrian could still have a good chance of winning the case as long as he or she was paying attention and did not run into the street.
As mentioned above, your pedestrian accident could be the fault of a municipality. If the traffic light was broken and caused the collision, then a claim for negligence may exist against the municipality. You could also have a case against the municipality if the crosswalk where you were hit was poorly placed or had a significant history of similar accidents, such that the municipality knew or should have known how dangerous the intersection was but failed to take action to make it safer.
If you or someone you know has been hit by a car, it is important that you understand how pedestrian accident settlements work. You should likely be compensated in some way for your injuries, but where it comes from and how substantial it is can vary. You may need someone fighting on your side to ensure you get the compensation you need and deserve. Rotts & Greenwade in Columbia, MO is here to fight for you. If the driver who hit you had auto insurance, you may be able to seek compensation from the driver’s insurance company. If they don't, your insurance may compensate you based on your uninsured motorist coverage. Your possible settlement or judgement depends on a variety of factors including who was at fault, the severity of your injuries, how likely you are to recover and how the injuries affect your ability to work. Give us a call today to find out more.