Being struck by a vehicle while walking can change your life in an instant. If you were injured in a pedestrian accident caused by a negligent driver, you deserve compensation for your medical bills, lost income, pain, and suffering. At Hollis Law Firm, we represent pedestrians who have been seriously injured in accidents throughout Overland Park and the surrounding areas. Our team of personal injury lawyers understands the challenges victims face when dealing with insurance companies that try to minimize payouts or deny valid claims, and we fight to hold negligent drivers accountable while helping our clients recover the compensation they need to move forward with their lives.
Common Causes of Pedestrian Accidents
Pedestrian accidents occur for many reasons, but driver negligence remains the leading cause. Distracted driving has become increasingly problematic, with motorists texting, talking on phones, or adjusting navigation systems instead of watching the road. When drivers fail to pay attention at crosswalks, intersections, or parking lots, pedestrians pay the price. Speeding through residential areas or school zones also creates dangerous conditions, reducing the time drivers have to react when someone steps into their path.
Failure to yield the right of way represents another common factor in pedestrian collisions. Kansas law requires drivers to stop for pedestrians in marked crosswalks, but many motorists roll through crosswalks or make turns without checking for people crossing. Impaired driving due to alcohol or drugs significantly increases the risk of striking a pedestrian, as does driving during poor weather conditions without adjusting speed appropriately. Poor visibility at night, inadequate street lighting, and failure to use headlights also contribute to these preventable accidents.
Injuries from Pedestrian Accidents
Pedestrians have little protection when colliding with cars, trucks, or motorcycles, often resulting in catastrophic injuries that require extensive medical treatment and lengthy recovery periods. The impact of a vehicle striking a pedestrian often causes severe, life-altering injuries. Traumatic brain injuries occur frequently when victims strike their heads on the pavement or the vehicle itself, potentially leading to cognitive impairment, memory loss, or permanent disability. Spinal cord damage can result in partial or complete paralysis, drastically changing every aspect of a victim’s life. Broken bones are common, particularly fractures to the legs, arms, pelvis, and ribs, which may require multiple surgeries and extensive physical therapy.
Internal organ damage poses serious risks that may not be immediately apparent following the collision. Soft tissue injuries, including torn ligaments and muscle damage, can cause chronic pain and limit mobility for months or years. Road rash and lacerations may lead to permanent scarring and disfigurement, while psychological trauma, such as post-traumatic stress disorder, affects many pedestrian accident survivors long after their physical wounds heal.
Building a Strong Pedestrian Accident Claim
Proving liability in a pedestrian accident case requires gathering substantial evidence to demonstrate the driver’s negligence. Police reports document the scene and often include officer observations about which party violated traffic laws. Witness statements provide crucial third-party accounts of how the accident occurred, while surveillance footage from nearby businesses or traffic cameras can show the collision as it happened. Medical records link your injuries directly to the accident, and photographs of the scene, your injuries, and vehicle damage help reconstruct what took place.
Our firm works with accident reconstruction professionals when necessary to analyze skid marks, vehicle positioning, and other physical evidence. We also consult with medical professionals who can testify about the nature and extent of your injuries, the treatment required, and how your life has been impacted. Cell phone records may prove a driver was texting or calling at the time of the crash, while toxicology reports can confirm if impairment played a role.
Compensation Available in Pedestrian Accident Cases
Victims of pedestrian accidents may recover various types of damages depending on the circumstances of their case. Economic damages cover measurable financial losses such as past and future medical expenses, including emergency treatment, hospitalization, surgery, rehabilitation, and ongoing care. Lost wages compensate you for time away from work during recovery, while loss of earning capacity addresses situations where injuries prevent you from returning to your previous occupation.
Non-economic damages account for the physical and emotional suffering you have endured. Pain and suffering compensation addresses the physical discomfort and limitations caused by your injuries, while emotional distress damages acknowledge the psychological impact of the trauma. According to the National Highway Traffic Safety Administration, pedestrian deaths accounted for 17% of all traffic fatalities in 2021, highlighting the serious nature of these incidents. Loss of enjoyment of life damages apply when injuries prevent you from participating in activities you previously enjoyed, and in cases involving extreme negligence or intentional conduct, punitive damages may be awarded to punish the defendant and deter similar behavior.
Time Limits for Filing a Claim
Kansas law imposes strict deadlines for filing personal injury lawsuits, known as statutes of limitations. Generally, you have two years from the date of the accident to file a claim against the responsible party. Missing this deadline typically results in losing your right to pursue compensation, regardless of how strong your case may be. Certain circumstances can shorten or extend this timeframe, such as when the defendant is a government entity or when the victim is a minor.
Insurance companies are aware of these deadlines and often delay settlement negotiations, hoping you will miss the filing deadline or become desperate enough to accept a low offer. Starting the legal process early gives your legal team time to conduct a thorough investigation, negotiate with insurance companies, and prepare for trial if necessary. Evidence can disappear, witnesses may forget details, and medical records become harder to obtain as time passes, making it crucial to act promptly after a pedestrian accident.
Contact Hollis Law Firm for Legal Guidance After a Pedestrian Accident
The aftermath of a pedestrian accident can feel overwhelming as you face mounting medical bills, lost income, and an uncertain future. You should not have to navigate this difficult time alone while insurance companies pressure you to settle for less than you deserve. Our legal team at Hollis Law Firm has the knowledge and resources to build a compelling case that demonstrates the full extent of your losses and holds negligent drivers accountable for their actions.
We work on a contingency fee basis, which means you pay no upfront costs, and we only collect attorney fees if we recover compensation on your behalf. This arrangement allows you to focus on healing while we handle the legal complexities of your case. Contact our office to discuss your pedestrian accident claim and learn how we can help you pursue the compensation you need to move forward.
