The NHTSA reports that almost 6000 pedestrians were killed in car accidents in 2016,
meaning roughly one every 1.5 hours. Not to mention the thousands of
pedestrians who got injured as a result of a car crash. In Missouri, nearly 10% of fatalities relating to car accidents involve
pedestrians.
These accidents are, unfortunately, rather
common, and most often the party to blame is the negligent driver whose actions
created this mess. However, this is not a golden rule, and in some instances,
the pedestrian can be the one responsible for the accident.
Liability
in Accidents Involving Pedestrians
The most common instances where a pedestrian
causes a car accident is when they violate certain rules, such as crossing the
street at a red light. However, in these cases, the driver can also be found
guilty of violating a rule.
For instance, if the pedestrian was crossing
the street at a red light, and a car hits them, it begs the question: how come
the driver didn’t see them in time to slow down? Further investigations can
bring to light that said driver was also speeding at the time and did not have
sufficient time to act and avoid the pedestrian. Missouri drivers are also held
to a higher degree of responsibility than pedestrians, because through their
positions they can cause a lot more harm.
Missouri is also a pure comparative fault
state, which means both parties can be held responsible for the accident. The
pedestrian can be found to be 60% responsible and liable for the accident
because they crossed on a red light, which means they can be liable for
compensation for only 60% out of total damages.
The driver, on the other hand, can be responsible
for 40% of the incident, because they were speeding at the time. So the
pedestrian, in turn, would want to recover 40% of total damages from the
driver.
What
Does the Legal Process Look like?
In Missouri, all drivers are required to carry
auto insurance, which also covers accidents involving pedestrians. Any
compensation claims will be made through the insurance company.
If, however, the driver wants to seek
compensation from the pedestrian, then they may have to attempt to through trial. If the pedestrian also has valid auto insurance but was just not
driving at the time, then it’s also possible to get compensated through their
insurance company.
What
Should You Do if you were involved in a Pedestrian Accident?
If you’ve been in a car accident involving a
pedestrian, it’s in your best interest to
contact a St. Louis car accident attorney at The Hoffmann Law Firm, L.L.C. as soon as possible. With their help, you can decide on the best
course of action to get compensated for your injuries and damages, as well as
build a compelling case.
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