At Hollis Law Firm, we are committed to fighting for our clients’ rights after serious pedestrian accidents across Kansas and Missouri, including throughout the Topeka area. Our lawyer understands how vulnerable pedestrians are when a collision occurs, and we are here to guide you through every step of the legal process. We take the time to listen, to understand your situation, and to help you make informed decisions about your case and your future.
Why Pedestrian Accidents Are So Dangerous
Pedestrians have absolutely no physical protection in a collision with a motor vehicle. Unlike drivers surrounded by steel frames, airbags, and seat belts, a person on foot absorbs the full force of impact. Even in lower-speed crashes, this can result in injuries that require extensive medical treatment, long-term rehabilitation, and time away from work.
According to the NHTSA’s 2023 pedestrian safety data, there were 7,314 pedestrians killed in traffic crashes across the United States in 2023 alone, with an estimated 68,244 pedestrians injured that same year. These numbers are a stark reminder of how serious this problem continues to be, and why victims need an advocate on their side.
Common Causes of Pedestrian Accidents in Topeka
Not every pedestrian accident is a simple case of bad luck. Many are caused by negligent, distracted, or reckless behavior behind the wheel. Understanding how these collisions happen is one of the first steps toward building a strong pedestrian accident claim.
Drivers who cause pedestrian accidents in Topeka often share one or more of the following behaviors:
- Failing to yield at crosswalks or intersections
- Driving while distracted by a phone or other device
- Running red lights or stop signs
- Speeding through residential neighborhoods or school zones
- Driving under the influence of alcohol or drugs
- Making turns without checking for pedestrians in the path
These types of negligent actions put innocent people at serious risk, and when they result in injury, the driver may be held legally liable for damages.
What Injuries Do Pedestrian Accident Victims Commonly Face?
The injuries that result from a pedestrian accident are often among the most severe of any accident type. Because pedestrians lack physical protection, even a glancing blow can cause life-altering harm.
Traumatic Brain Injuries
Head injuries are a serious concern in any pedestrian accident. When a person is struck by a vehicle, the force of impact can cause the brain to move within the skull, resulting in bruising, bleeding, or lasting neurological damage. If you or a family member has experienced a brain injury after an accident, prompt medical care and legal guidance are both critical.
Fractures and Orthopedic Injuries
Broken bones are extremely common in pedestrian accidents, particularly in the legs, arms, hips, and pelvis. These fractures often require surgery, extended recovery periods, and ongoing physical therapy. Some victims never fully regain the mobility they had before the accident.
Wrongful Death
Tragically, some pedestrian accidents result in the loss of a life. When a loved one is killed due to a driver’s negligence, surviving family members may have grounds to pursue a wrongful death claim in Kansas or Missouri. This legal avenue can help families recover compensation for funeral expenses, lost financial support, and the profound loss they have endured.
How Liability Is Determined in a Pedestrian Accident
Proving who is at fault in a pedestrian accident involves examining the circumstances of the crash, the behavior of the driver, and any applicable traffic laws. Kansas and Missouri both have laws governing how drivers must behave around pedestrians, including rules about yielding at crosswalks, observing posted speed limits, and exercising general care.
Kansas follows a modified comparative fault system, which means an injured pedestrian can recover compensation as long as they are not found to be more than 50% at fault for the accident. Missouri uses a pure comparative fault standard, allowing recovery even if the pedestrian bears some responsibility.ย
In either state, having a knowledgeable lawyer by your side can make a significant difference in how fault is assessed and how much compensation you may be able to recover. Understanding Kansas and Missouri comparative negligence laws is an important piece of any pedestrian accident case.
What Compensation Can You Pursue?
Pedestrian accident victims often face a long road to recovery, and the costs can add up quickly. With a pedestrian collision claim, you may be eligible to seek compensation for medical expenses, both current and future, lost wages, and reduced earning capacity. These economic losses are often straightforward to document, but they only tell part of the story.
Beyond the financial impact, pedestrian accidents can cause significant pain and suffering, emotional distress, and a lasting reduction in quality of life. Non-economic damages like these are just as real as the bills piling up, even if they are harder to quantify. The amount you may recover depends on the specific circumstances of your case, the severity of your injuries, and the applicable laws in the state where the accident occurred.