Hundreds of people in the Kansas City area prefer to get around on foot whenever possible. Many residents live in areas that are walking distance to grocery stores, restaurants, attractions, work, and school. KC is an excellent city for pedestrians in terms of walkability. However, safety is not always a guarantee. Crossing streets and interacting with motor vehicles can lead to serious pedestrian injuries and deaths. After a pedestrian collision, the first question might be, “Who will pay for my medical bills?” The Kansas City pedestrian accident lawyers at Wendt Law Firm P.C. can help you find the answer. Contact the dedicated attorneys in Kansas City for a free consultation today!
Kansas City Pedestrian Accident Attorney Resources
A collision between a motor vehicle driver and pedestrian will always end in worse injuries for the latter. Pedestrians do not have any protection from injuries in a collision or a serious car accident. They will bear the full brunt of the impact – often resulting in catastrophic or fatal injuries.
Many pedestrian accident victims deal with their injuries for life. They may suffer permanent scarring, disfigurement or disabilities because of the negligence of a driver. At Wendt Law Firm P.C, our Kansas City personal injury lawyers are passionate about protecting the rights of pedestrian accident survivors. We can help you and your family fight for fair compensation for your injuries and damages, no matter how serious.
Causes of Pedestrian Accident
Pedestrian accidents are often preventable tragedies. Drivers possess the power to avoid striking pedestrians by keeping a proper lookout, avoiding distractions, paying attention to the road, and following traffic laws. After a pedestrian accident in Kansas City, hire an attorney to investigate what happened. Identifying the cause of your collision could help you determine which party should receive your claim.
Distracted driving. Drivers who text, eat, drink or partake in other distractions behind the wheel put pedestrians at risk. Distracted drivers took 3,166 lives total in traffic accidents in 2017.
Drunk driving.Almost 50% of fatal pedestrian accidents in the U.S. involve the use of alcohol by either the driver or pedestrian. Drunk driving can make it much harder to notice pedestrians and react appropriately behind the wheel.
Breaking traffic laws. Drivers must obey traffic laws such as speed limits, signs, crosswalks and rights-of-way. Breaking these rules can make drivers dangerous and unpredictable to other roadway users such as pedestrians.
Other common causes of pedestrian-vehicle collisions include unsafe roadways and lack of sidewalks or crosswalks. In these cases, the city government could be liable for failing to maintain safe roadways and pedestrian walkways. If you believe someone else to be at fault for your injuries, contact an attorney from Wendt Law Firm P.C. for a free consultation.
Potential Defendants in Pedestrian Accident Cases
There was an average of 24 pedestrian fatalities and 81 serious injuries in the KC region over a five-year period. In a collision between a person and a vehicle, victims often assume the motorist is immediately at fault for any damages. After all, pedestrians are vulnerable road users and deserve the highest degree of care from motorists. Although it’s true that motorists are often at fault for these accidents, they are not the only potential defendants. There may be other factors at play, such as a malfunctioning crosswalk signal or a poorly designed intersection. An experienced pedestrian accident attorney can investigate your case and help you accurately assign fault to parties such as:
The driver. The driver may be at fault if he or she entered a pedestrian crosswalk without the right of way. The driver may also be at fault if he or she caused the collision from distracted, drowsy, drunk, or otherwise negligent driving behaviors. Breaking any of Kansas City’s roadway laws and striking a pedestrian means grounds for a lawsuit.
Kansas City. KC government agencies are in charge of maintaining pedestrian crosswalks and designing the roadways. Issues that may come down to government negligence include dangerously designed infrastructures, defective crosswalk signals, and lack of roadway maintenance.
A product manufacturer. Products within the crosswalk or related to the vehicle may have defects that result in a pedestrian collision. Defective brakes, for example, can make it impossible for a vehicle to stop on time to prevent a crash. Defective products come down to manufacturer or distributor liability.
The question of comparative negligence is a common one in pedestrian accident cases. Pedestrians are sometimes at fault – at least in part – for their own accidents. Pedestrians must obey roadway rules and yield vehicles the right of way when applicable. A pedestrian cannot step out in front of moving traffic, cross in the middle of the road, or cross the street without the right of way. If you were partially to blame for your collision, you could still be eligible for compensation.
Can a Kansas City Pedestrian Accident Lawyer Recover for You?
In most cases, the driver’s insurance company will cover any damages the pedestrian suffered. This may not, however, be the pedestrian’s only means of recovery. If negligence played a part in the collision, the pedestrian could pursue compensation through a personal injury lawsuit in KC. A lawsuit often results in greater recovery than an insurance claim settlement. Our Kansas City pedestrian accident lawyers work on a contingency fee basis, meaning you only pay our fees if we win a monetary award on your behalf. Working with an attorney can be the best way to protect your best interests after a pedestrian accident. Get in touch with us for more information.