Kansas City Pedestrian Accident Attorney

Pedestrian Accident Lawyer in Kansas City

Kansas City offers numerous activities like unique restaurants, art exhibits, and outdoor adventures. Many residents and visitors enjoy the walkable areas and choose to travel on foot and through public transportation rather than using a motorized vehicle. Unfortunately, Kansas City pedestrian accidents are not uncommon and may cause severe, debilitating injuries. Due to their vulnerability to vehicles, pedestrians suffer more risk in traffic accidents than those inside cars.

Our firm specializes in pedestrian accident compensation, securing appropriate compensation for victims through thorough legal support and negotiation with insurance companies.

The injuries and harm a pedestrian may face after a serious traffic accident can result in long-term disabilities, financial loss, and other significant damages. If you suffer severe injuries in a pedestrian accident, speak with a Hollis Law Firm Kansas City personal injury attorney as soon as possible.

Our team can guide you through the legal and medical process of filing an injury claim. With our tools and resources, you can feel confident in your legal representation.

What Types of Injuries Can You Sustain in a Kansas City Pedestrian Accident?

The pedestrian accident injuries you may sustain depend on the vehicle’s speed and the location of the collision. Not only can the initial impact of the vehicle cause life-threatening damage, but also the surrounding environment and any flying debris. For example, if a pedestrian is hit by a car and hits their head on the street’s curb, they can suffer severe brain injuries and damage. Victims may be eligible for various types of damages, and consulting with an experienced pedestrian accident attorney can help accurately estimate the potential value of pedestrian accident claims. Our firm has extensive experience in negotiating with insurance companies and pursuing cases in court to ensure clients receive the compensation they deserve.

There are various injuries a person can sustain in a pedestrian accident, including:

• Sprains and strains
• Traumatic brain injuries (TBIs)
• Neck injuries
• Spinal cord injuries
• Whiplash
• Concussion
• Burns
• Broken bones
• Soft tissue injuries
• Internal injuries

You may initially believe you’ve suffered no injuries after an accident until further down the road when you experience severe pain and discover latent injuries that may not show any outward injury signs. However, a doctor can examine your health and any possible injury you may have sustained after an accident. Doing this helps protect your health, kickstart recovery, and create a record of your injuries and their cause. Seeking prompt medical treatment is crucial to address any latent injuries effectively.

What Are the Main Causes of Pedestrian Accidents?

According to the Missouri Highway Traffic Patrol, 2,398 pedestrians were injured in 2021. Unfortunately, many of these accidents and injuries resulted from drivers and other parties engaging in negligent behavior and breaching their duty of care. Pedestrian accidents happen frequently, with numerous fatalities and injuries reported across the nation. It is crucial to emphasize pedestrian safety and the responsibility of drivers in preventing these incidents. Some common causes of pedestrian accidents in Kansas City include the following:

• Speeding: Going too fast can prevent drivers from acting quickly and stopping for pedestrians on time. These high-speed accidents often result in serious injuries and damages.
• Distracted Driving: Whether a driver is using their phone, eating, or lost in thought, deviating attention away from the road reduces their reaction time and increases the risk of hitting pedestrians.
• Reckless Driving: Reckless driving, such as failing to follow traffic signals, driving in pedestrian areas, and not checking blind spots, can cause serious injuries to pedestrians who have the right of way.
• Drunk Driving: Driving while under the influence is incredibly dangerous, and it can significantly impair a driver’s judgment and reaction, which could cause pedestrian accidents and injuries.
• Low Visibility: It can be challenging to see people walking or crossing the street at night or in low lighting. If a driver fails to reduce their speed or pay close attention in these situations, they can cause serious harm to pedestrians.
• Jaywalking: Like drivers, pedestrians are responsible for following traffic signals and Missouri right-of-way laws. While jaywalking is not explicitly illegal in the state, if a pedestrian does not give drivers enough time to stop when crossing outside a crosswalk, they may cause an accident.

We understand you may feel overwhelmed after a pedestrian accident and may be unsure how to seek compensation for your losses. No matter the cause of your pedestrian accident and injuries, our Kansas City pedestrian accident lawyers will thoroughly investigate your case and gather clear, valuable evidence to identify a liable party and hold them accountable. Dealing with an insurance company can be challenging, as they often aim to minimize payouts, making legal representation crucial to ensure proper compensation.

Who May Be Liable for Pedestrian Accidents?

Pedestrian accidents are a significant concern in cities like Kansas City, where negligent behavior and the interaction between vehicles and pedestrians are constant. When such accidents occur, it is crucial to identify the parties responsible for the incident and determine liability. Understanding the various parties that can be held accountable is essential for seeking justice and pursuing compensation. It is also important to investigate damages and build a strong case to secure a fair settlement from the insurer of the party at fault.

Filing a pedestrian accident compensation claim involves contacting the police and establishing fault as critical steps. Our Kansas City pedestrian accident lawyers can assist in navigating the claims process to ensure clients receive the compensation they deserve.

Motor Vehicle Drivers

One of the primary parties that can be held liable for a road traffic accident involving pedestrians in Kansas City is motor vehicle drivers. Drivers have a duty of care to operate their vehicles safely and responsibly, which includes obeying traffic laws, maintaining proper control of their vehicles, and yielding the right-of-way to pedestrians. After such incidents, it is crucial to report the accident to the police and gather evidence for claims. Legal representation is essential to secure compensation for the injured victims. If a driver fails to exercise reasonable care and causes an accident resulting in pedestrian injuries, they can be held responsible for their negligence.

Pedestrians

While pedestrians generally have the right-of-way in crosswalks and other designated areas, they are also responsible for exercising caution and adhering to traffic laws. If a pedestrian’s actions contribute to an accident, they may need to file a pedestrian injury claim and should contact pedestrian accident lawyers for assistance in these types of legal cases.

For instance, if a pedestrian suddenly darts into traffic without warning, it can make it difficult for drivers to avoid a collision. However, it is important to note that Kansas City follows a modified comparative negligence rule, meaning that even if a pedestrian is partially at fault, they may still be entitled to recover damages proportionate to the other party’s negligence.

Vehicle Manufacturers

In some cases, the liability for a pedestrian accident can extend beyond the driver and pedestrian involved. If a defect in the vehicle’s design or manufacturing contributed to the accident, the manufacturer or distributor may be liable. For example, faulty brakes or defective steering mechanisms could make it difficult for a driver to avoid hitting a pedestrian, even with reasonable care.

Government Entities

Government entities, including the city of Kansas City and its agencies, can also be liable for pedestrian accidents under certain circumstances. If a dangerous road condition, such as inadequate signage, malfunctioning traffic lights, or inadequate pedestrian facilities, contributes to an accident, the responsible government entity may be held accountable for its negligence. Pedestrian accident statistics highlight the various injuries pedestrians can sustain in accidents, including physical injuries and mental health impacts. These statistics also point to systemic issues, such as inadequate sidewalk repair funding, which may contribute to the prevalence of pedestrian accidents. However, it is essential to note that claims against government entities often involve specific procedures and shorter time limits for filing, making the need for professional legal guidance imperative.

Property Owners

In some cases, the liability for a pedestrian accident may extend to property owners. For instance, if a pedestrian is injured due to dangerous conditions on private property that adjoins a public sidewalk, the property owner may be held responsible for their negligence. This could include maintaining hazardous walkways, failure to clear snow or ice, or allowing debris or obstructions that hinder pedestrian safety.

What Are Your Rights as a Jaywalker in a Pedestrian Accident?

Jaywalking is not illegal in many states. However, those who choose to cross the street without a marked crosswalk are still required to consider the safety risks and exercise good judgment. For example, it is best practice to not run out into the street suddenly, to make eye contact with drivers so they acknowledge they see you, and to wait at a curb until vehicles have come to a complete stop.

Following best practices is the strongest way to ensure your safety, but humans can still make mistakes when all these protocols are utilized. Vehicle drivers must follow the duty of care to prioritize the safety of all others around them, including pedestrians. This means motorists must watch for pedestrians and other obstacles that might come into their path.

For more information about your legal rights and responsibilities as a jaywalking pedestrian, we encourage you to get in touch with an attorney. A pedestrian accident lawyer from Hollis Law Firm can support you in many ways throughout your legal issues, so do not hesitate to contact us if you need assistance.

How Does Comparative Negligence Impact Your Compensation Claim?

Comparative negligence can affect your ability to receive compensation in a personal injury suit. Suppose evidence and witness statements show that a pedestrian did not follow safety best practices. In that case, the legal system might decide that the jaywalker is partially responsible for their injuries and losses.

For example, consider Party A as a pedestrian who chooses to cross the street, but cars are still moving in their direction. A motorist, Party B, might still be found partially responsible for the incident by legal personnel. However, Party A might be considered 20% liable for their injuries because they did not wholly follow best practices. If the incident results in $50,000 in damages, Party A would only be eligible for 80% of the case value in compensation.

If you need more information about comparative negligence or other laws as they pertain to your claim, do not hesitate to contact us. Hollis Law Firm is prepared to understand your needs, collect evidence related to your case, complete paperwork on your behalf, and support you in numerous other ways.

The Importance of Working With Pedestrian Accident Lawyers in Kansas City

Pedestrian accidents can be devastating, resulting in severe injuries, emotional trauma, and financial burdens. If you or a loved one has been involved in a pedestrian accident, seeking legal representation from an experienced Kansas City personal injury law firm is crucial for the following reasons:

An experienced pedestrian accident attorney in Kansas City will help gather evidence, assess damages, and negotiate with insurance companies to secure maximum compensation. They are also ready to escalate cases to court if necessary to ensure you receive the justice you deserve.

Knowledge of Pedestrian Accident Laws

Pedestrian accident cases involve a complex web of laws and regulations that vary from state to state. A skilled Kansas City pedestrian accident lawyer possesses in-depth knowledge of these laws and understands how they apply to your specific case. They can assess the accident’s circumstances and guide you through the legal process.

Protecting Your Rights

Insurance companies and opposing parties often try to minimize liability and offer low compensation to accident victims. By working with a pedestrian accident attorney, you have a dedicated advocate who will protect your rights. They can negotiate with insurance companies on your behalf, ensuring you receive the compensation you deserve for medical expenses, lost wages, pain and suffering, and other damages.

Building a Strong Case

Successfully pursuing a pedestrian accident claim requires gathering compelling evidence and expert testimony and presenting a convincing case. A Kansas City pedestrian accident lawyer has the resources and experience to build a strong case on your behalf. They will work with accident reconstructionists and medical professionals to establish the extent of your injuries, the impact on your life, and the responsible party’s negligence.

Navigating the Legal Process

The legal process can be overwhelming, especially if you are dealing with injuries and emotional distress. A Kansas City pedestrian accident attorney will guide you through every step, ensuring you meet deadlines, submit necessary documents, and handle all legal procedures. They can also represent your interests in negotiations, compensation discussions, or in court if the case goes to trial.

When Should I Contact a Pedestrian Accident Attorney in Kansas City?

Handling the aftermath of a pedestrian accident claim while also navigating medical treatment and other responsibilities is stressful and overwhelming. The complicated processes and unfamiliar terminology may pose a threat to your claim and compensation if you do not have an experienced lawyer on your side.

Our attorney at Hollis Law Firm can offer their knowledge and the following legal services to those in need of assistance:

• Answering questions regarding your claim
• Analyzing documents for potential legal issues
• Discussing claim information with insurance companies
• Negotiating maximum compensation offers 
• Gathering case-related evidence and information
• Interviewing eyewitnesses and collecting surveillance
• Guiding you through the medical documentation process

There are many steps to take after an accident, and trying to do them all on your own can cause unnecessary stress. We want to give you the time you need to recover so our lawyer will stay by your side and work in your best interest.

Frequently Asked Questions About Hiring a Pedestrian Accident Lawyer

What compensation could I be entitled to after a pedestrian accident?

Compensation may cover medical expenses, lost wages, pain and suffering, and other damages resulting from the accident. Each case is unique, so it’s important to discuss the specifics with a lawyer who can help identify all potential areas for compensation.

How long do I have to file a claim after a pedestrian accident?

In Kansas and Missouri, the statute of limitations generally gives you two years from the date of the accident to file a personal injury claim. However, certain factors can affect this timeline, making it important to consult a lawyer as soon as possible.

Do I need an attorney for my pedestrian accident case?

While you are not legally required to have a lawyer, handling a claim on your own can be challenging. Insurance companies often aim to minimize payouts, and having a lawyer may increase your chances of securing fair compensation.

Who is liable in a pedestrian accident?

Negligence often depends on whether the driver was speeding, running a red light, or failing to yield. However, other parties, like a city for faulty crosswalk signals or a third party, might share responsibility.

What evidence is needed to prove negligence in a pedestrian accident?

Evidence might include police reports, witness statements, traffic camera footage, medical records, and expert testimony. Proving negligence requires demonstrating that the driver breached their duty of care and caused the injury.

What if the accident involved a hit-and-run driver?

In road traffic accidents, particularly hit-and-run incidents, legal options include pursuing compensation through your own insurance policy’s uninsured motorist coverage or filing a claim if the driver is later identified. It is crucial to gather evidence, such as vehicle registration details, to assist in potential legal claims related to these accidents.

How does the legal process work for filing a personal injury lawsuit after a pedestrian accident?

The legal process generally involves filing a complaint, gathering evidence during discovery, negotiating settlements, and potentially proceeding to trial. A pedestrian accident lawyer in Kansas City can guide you through each step to ensure deadlines and legal requirements are met.

How much is my pedestrian accident case worth?

People often want to know the value of their claim. The answer depends on factors like the severity of injuries, medical costs, lost income, and non-economic damages like pain and suffering. While no lawyer can guarantee an amount, an experienced lawyer can provide a rough estimate based on similar cases.

How long will it take to resolve my case?

Potential clients want to understand the timeline of their case. Factors affecting this include the complexity of the case, the willingness of the other party to settle, and the local court’s schedule if the case goes to trial.

Will my case go to trial, or can it be settled out of court?

Potential clients often prefer a quick resolution and worry about the stress of a trial. Understanding how most cases are settled out of court and the factors that might push a case to trial can help set realistic expectations.

How much does it cost to hire a lawyer for a pedestrian accident case?

People are concerned about legal fees, especially when they’re already facing financial strain from medical bills and lost income. Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if they win. Understanding the fee structure can reassure potential clients.