Pedestrian Accidents: What Are Your Rights If You’re Hit by a Car?

Your Legal Rights as a Pedestrian

Pedestrians in Missouri are protected under specific traffic laws designed to ensure their safety. If you are hit by a car, your rights include:

Right to File a Claim for Damages

If a driver’s negligence caused the accident, you have the right to seek compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress
• Property damage (e.g., if your phone or other belongings were damaged)

Right to a Safe Crossing

Missouri law gives pedestrians the right of way at marked crosswalks and intersections. Drivers are required to yield to pedestrians in these areas. The driver is likely at fault if you were hit while legally crossing.

Right to Pursue Legal Action

In cases of severe injury or wrongful death, you have the right to file a lawsuit against the at-fault driver or other responsible parties.

Steps to Take If You’re Hit by a Car

If you’re involved in a pedestrian accident, it’s crucial to act quickly to protect your rights:

• Seek Medical Attention
  • Even if your injuries seem minor, get checked by a medical professional. Some injuries, such as internal bleeding or concussions, may not be immediately apparent.
• Call the Police
  • Request that law enforcement come to the scene and file an official accident report. This report will be a vital piece of evidence in your case.
• Gather Evidence
  • If possible:
    • Take photos of the accident scene, vehicle, and your injuries.
    • Get the driver’s contact and insurance information.
    • Collect contact information from any witnesses.
• Document Your Injuries and Losses
  • Keep a detailed record of your medical treatments, lost wages, and other expenses related to the accident.
• Avoid Speaking to Insurance Adjusters
  • Insurance companies may minimize your claim. Speak with an experienced attorney before providing a statement.

Determining Liability in Pedestrian Accidents

Liability depends on the circumstances of the accident. The driver is often at fault, but there are exceptions.

Compensation You May Be Entitled To

If you’re hit by a car, you may be entitled to compensation for:

• Economic Damages:
  • Medical bills (current and future)
  • Lost income
  • Rehabilitation costs
  • Property damage
• Non-Economic Damages:
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
• Punitive Damages: In cases of extreme negligence, such as DUI, you may be awarded additional damages to punish the driver and deter future misconduct.

Insurance Considerations

Missouri drivers are required to carry liability insurance, which typically covers pedestrian accidents. However, complications can arise, such as:

• Uninsured or Underinsured Drivers: If the driver lacks adequate insurance, you may need to use your uninsured/underinsured motorist coverage.
• Hit-and-Run Accidents: If the driver flees the scene, identifying them may require legal or investigative assistance.

Contact The Hoffmann Law Firm Today

If you’ve been hit by a car, understanding your rights as a pedestrian is crucial to securing the compensation you deserve. You shouldn’t have to shoulder the burden of someone else’s negligence alone, from medical expenses to emotional distress.

At The Hoffmann Law Firm, L.L.C., we have over 20 years of experience helping accident victims in St. Louis and throughout Missouri. Contact us today for a free consultation. We’ll fight to protect your rights and help you get the justice you deserve.