A pedestrian crash is not automatically the driver’s fault, but fault also cannot be decided simply by asking whether the person who was struck was in a marked crosswalk. Speed, traffic signals, visibility, driver attention, roadway conditions, and the actions of everyone involved can shape the outcome.
The motor vehicle accident attorneys at Brown & Brown Attorneys at Law examine these details for injured pedestrians and families in St. Louis, Missouri. Partner Ely Hadowsky has practiced with Brown & Brown since 2000 and concentrates on trial practice, including personal injury cases that require litigation.
How Can a Driver Cause a Pedestrian Accident?
Missouri law requires motorists to drive carefully and prudently and to exercise the highest degree of care on the state’s roads and highways. Missouri Revised Statute 304.012 (opens in new tab) addresses that duty.
A driver may cause a pedestrian collision by:
- Failing to yield
- Speeding
- Driving while distracted
- Driving while impaired
- Failing to keep an adequate lookout
- Ignoring a traffic signal
- Turning without noticing someone crossing
- Backing out of a parking space or driveway without checking the path behind the vehicle
The pedestrian’s conduct can also become part of the liability analysis. Traffic controls, crossing location, lighting, visibility, and other circumstances should be considered before either side is assigned responsibility.
If a motorist leaves the scene, our information about hit-and-run accidents explains some of the additional issues that can arise.
How Can the Collision Be Reconstructed?
A person who suffers a severe impact may not remember every detail. Fortunately, other sources can help clarify what happened.
Useful information may include police reports, photographs of the roadway, traffic-camera footage, business or residential surveillance video, dashcam recordings, witness statements, vehicle damage, and medical documentation.
Road design or malfunctioning traffic controls can also deserve closer review. Claims involving a government entity can follow rules and deadlines that differ from a typical negligence claim against a private driver.
Pedestrian Accidents Can Cause Life-Changing Injuries
Without the protection of a vehicle around them, pedestrians may suffer brain injuries, spinal cord injuries, fractures, internal trauma, severe soft-tissue injuries, or permanent disability.
Compensation in a personal injury claim may include medical expenses, lost earnings, reduced earning ability, pain and suffering, disability, and other documented losses.
When a pedestrian collision is fatal, qualifying relatives may be able to pursue a wrongful death claim. These cases require careful attention to both the cause of the collision and the losses experienced by the surviving family.
Why Choose Brown & Brown for a Pedestrian Accident Case in St. Louis?
Some pedestrian claims are resolved through insurance negotiations. Others involve disputed fault, contested damages, or issues that ultimately require litigation.
Ely Hadowsky’s concentration in trial practice gives Brown & Brown valuable experience when a personal injury case cannot be settled on acceptable terms. Our attorneys can gather crash information, deal with insurance companies, document medical and financial losses, and prepare the matter for court when necessary.
Brown & Brown Pedestrian Accident Results
Brown & Brown reports a $242,000 settlement involving five minor children who were injured after being struck by a car while walking.
The firm also obtained a $100,000 policy-limits settlement for a 58-year-old pedestrian who was hit by a motor vehicle and suffered multiple pelvic fractures.
Previous results do not guarantee future case outcomes. However, they show the results Brown & Brown has been able to obtain for clients. Each pedestrian accident must be evaluated according to its own facts.
Get Answers After a Pedestrian Accident
If you or a family member was struck while walking, Brown & Brown Attorneys at Law can examine the circumstances before important details are lost. Contact us for a free case review in St. Louis, MO, or call (314) 333-3333 to discuss the collision with our team.
