Numbers from the Missouri Department of Transportation as reported in the news show that in 2019, 108 pedestrians were involved in fatal crashes on Missouri roadways, the highest number of pedestrian fatalities in the prior ten years. Drivers may feel like they are the dominant force on the roadways. While that may be true, pedestrians have rights as well.
At OnderLaw, LLC, we aim to protect those rights and hold reckless or negligent drivers accountable for their actions. That means getting full and fair compensation for an injured pedestrian’s medical expenses and lost income.
If you’ve been seriously injured in a pedestrian crash or lost a loved one in a pedestrian crash, the St. Charles personal injury team at OnderLaw, LLC wants to help you find the justice that you deserve. We know how difficult it can be going up against a negligent driver and their insurance company, and we don’t want to see you go through it alone. Before you accept any financial offer, consult with an experienced attorney first and make sure it includes everything you deserve.
For a free case evaluation contact OnderLaw, LLC at (314) 963-9000. Let’s talk about your options and what we can do to help you get the money you deserve for your recovery.
Why Hire a St. Charles Pedestrian Accident Lawyer?
If you want to collect the maximum amount of compensation for a car versus pedestrian accident, it is in your best interest to hire a St. Charles pedestrian accident lawyer. Insurance claims are not always straightforward, nor are they easy. Compound that with the fact that if you’ve been injured in a serious accident, you probably aren’t operating in your full capacity. You may be in pain, tired, and emotionally overwhelmed by the traumatic experience.
Handing the reins to an experienced attorney takes the burden off your shoulders and allows you to focus on your recovery, not on the fine details involved in negotiating a full and fair settlement.
It also pays to have an attorney handle your case, literally. Insurance companies are for-profit businesses that have a vested interest in keeping profit margins high. They can accomplish this by keeping settlements low. Companies realize that average people traumatized by an accident and left financially vulnerable by an influx of medical bills won’t argue over dollars and cents. They are betting on that fact because it means they can offer pennies of what a claim may truly be worth.
An attorney is a valuable tool you should use. They can gather and review all the evidence related to an accident and incorporate that into a strong case for getting you maximum compensation. An attorney can even negotiate with the insurance company on your behalf.
Hiring an experienced attorney gives you the best possible chance at a favorable outcome. The legal team at OnderLaw, LLC understands what insurance companies are looking for. We work hard to compile evidence that builds a compelling case for getting you the maximum amount of compensation available. Before you talk to the reckless or negligent driver’s insurance company, talk to an experienced St. Charles attorney about the merits of your case. We even offer a free case evaluation to help get you started. There’s no obligation just to talk to us.
Most Common Causes of Pedestrian Accidents
Sometimes drivers behave as if the road is solely their domain. It isn’t. Missouri roadways are meant to be used and enjoyed by everyone, drivers and pedestrians alike. Reckless or negligent driving behavior can put pedestrians at risk, jeopardizing their health, safety, even their very lives. Some of the most common causes of pedestrian accidents include:
Drunk or impaired driving
- Drug or alcohol impairment can reduce cognition, slow reaction time, and impair both judgment and vision. Unfortunately, impaired drivers often don’t notice a pedestrian until it is too late.
- Distracted driving continues to be one of the foremost causes of accidents on U.S roadways. A driver watching their phone, texting, eating, or engaging in any other behavior that takes their attention away from the road, even momentarily, can cause a serious pedestrian accident.
- Driving at excessive speeds means that a motorist has very little time to slow down in the event that they see a pedestrian in or near the roadway.
Left-hand turn accidents
- Drivers crossing against traffic in the case of left-hand turns need to watch more closely and be more attentive to their turn. Drivers turning left do not always use due caution to check for pedestrians. They may be preoccupied with checking both directions for cars instead of people. Many drivers fail to see pedestrians in the crosswalk, causing an accident.
School zone accidents
- School zones are particularly dangerous for pedestrians. Negligent drivers that are distracted, in a hurry, or attempting to pass busses with their lights on and signs out can cause catastrophic accidents. The National Highway Traffic Safety Administration found that in 2017, 19 percent of children 14 years old and younger killed in traffic collisions across the U.S. were pedestrians.
Construction zone accidents
- Pedestrian accidents are also common in construction zones where crews are working on or close to roadways, especially major roadways and interstates. Work zones are particularly hazardous when drivers ignore posted speed limits and changes in traffic flow patterns.
Parking lot accidents
- It is common for accidents to happen where cars and pedestrians both congregate, such as parking lots. Inattentive drivers can easily miss pedestrians walking to and from stores and shops.
Most Common Injuries Associated with Pedestrian Accidents
Today’s cars have dozens of safety features designed to keep drivers and passengers safe in case of an accident. From seatbelts to airbags, and even the three tons of metal and fiberglass surrounding the occupants, all these things help keep people inside the vehicle safe. What does the pedestrian have to protect them? Unfortunately, the shirt on their back does little to blunt the impact of a standard 3,000-pound passenger vehicle. Pedestrians are completely exposed, and even low-speed collisions can cause catastrophic injuries and death.
Larger SUVs are even more dangerous to pedestrians than passenger vehicles. A report by the Governors Highway Association finds that pedestrians hit by an SUV are twice as likely to die. While passenger cars still outnumber SUVs on the roads, in the past decade, the number of pedestrian deaths involving SUVs has increased at a much more significant pace, 81 percent, as compared to passenger cars, which increased by 53 percent.
Even those lucky enough to survive a collision can be left with injuries that result in a lifetime of pain and health complications. Some of the most common injuries associated with pedestrian accidents include:
- Traumatic Brain Injury
- Other neck and spinal injuries
- Broken bones
- Organ damage
- Internal injuries
- Internal bleeding
- Road rash
- Wrongful death
What are the Damages Available for Injuries?
Compensation is distributed to victims using a “pure comparative fault” model in Missouri. This model allows victims to seek compensation from an at-fault party. The pure comparative fault regulation binds courts and strongly guides insurance adjusters when it comes to distributing compensation following an accident. Victims are allowed to recover compensation for their injuries following an accident in proportion to the amount of responsibility they bear for causing the accident.
In practice, the rule works like this. A victim is injured in a pedestrian versus car accident. They seek compensation for their injuries, and it is determined that the negligent driver was 90 percent responsible for the accident. However, the victim was also to blame because they were checking their phone at the time of the accident and weren’t fully paying attention to the conditions of the roadway. If the total amount of damages is $100,000, then the victim is entitled to $90,000. That is the total amount of compensation minus 10 percent, or their portion of responsibility.
All parties involved in an accident are allowed to seek compensation. In the above example, even the driver at fault for 90 percent of the accident may be entitled to ten percent of the damages they are found to have incurred. However, the flip side is that they or their insurance company is also on the hook for paying the victim’s $90,000 share of the damages.
Determining how much total compensation may be owed a victim comes down to several important factors, including the severity of injuries and how those injuries impact a victim’s quality of life. In general, compensation may be calculated to cover some or all of the following:
- Current medical expenses
- Future medical expenses related to the accident
- Damage to personal property
- Loss of income
- Lost earning capacity
- Pain and suffering
- Mental anguish
- Wrongful death
Contact an Experienced St. Charles Pedestrian Accident Lawyer Today
A serious pedestrian versus car accident is traumatic enough. Don’t put yourself through more stress by trying to negotiate with an insurance company on your own. If you want the maximum amount of compensation available to you, contact the legal team at OnderLaw, LLC for help.
At OnderLaw, LLC, we will review your case and lay out your legal options for resolution. We can also investigate the accident, gather evidence, and build a solid and compelling case showing why you deserve full and fair compensation after an accident.
If you have been injured in a pedestrian accident in St. Charles, contact the skilled team at OnderLaw, LLC before you accept any financial offer. Call us for a free consultation today at (314) 963-9000.