What If I'm Injured By a Car While Walking in a Crosswalk?
Pedestrian injuries are rising in Missouri and Kansas as well as throughout the United States. Crossing the street at a crosswalk or intersection is typically the safest place to cross a street. However, walking in a crosswalk does not guarantee a pedestrian’s safety. Crosswalk accidents are common, particularly in more urban environments where there is more traffic activity and potential driver error or distracted driving.
Pedestrians can sustain severe injuries and life-threatening conditions because of a crosswalk accident. If you are injured in a crosswalk accident in Kansas City or anywhere in Kansas or Missouri, contact our Kansas City pedestrian accident attorney at 816-203-0143 to discuss your legal rights.
Who Has the Right of Way in a Crosswalk?
In both Kansas and Missouri, drivers have a duty of care to avoid hitting a pedestrian. In most cases, pedestrians have the right of way in a crosswalk. Drivers are required to stop for a pedestrian in a marked crosswalk. However, that does not mean that a pedestrian can cross the road at any time.
Pedestrians do not automatically have the right of way when crossing the road. Pedestrians must obey traffic control signals, including pedestrian crossing signals, when crossing the road in a crosswalk. They should also use caution and reasonable care when crossing a road. Pedestrians must consider oncoming traffic. If there is not a marked crosswalk, a pedestrian should yield to motorists.
Who is Responsible for Damages Caused by a Pedestrian Accident?
Thousands of pedestrians are injured or killed each year in traffic accidents. Pedestrian deaths in 2018 were expected to rise to the highest level since 1990. Determining who is liable for a pedestrian accident requires a thorough and detailed accident investigation. An attorney must determine whether the pedestrian or the driver had the right of way to determine who is liable for damages.
Some of the factors that an attorney analyzes during a pedestrian accident investigation include:
- Did both parties exercise reasonable care to avoid an accident?
- Were either party violating traffic laws or pedestrian laws at the time of the collision?
- What factors led to the accident and which party was responsible for each factor?
The party at fault for causing the accident is typically liable for damages. For example, if you were hit by a car in a crosswalk and you had the right of way, the driver of the vehicle would be responsible for your damages. Damages might include:
- past and future medical bills,
- past and future loss of income,
- emotional distress, pain and suffering, and/or
- permanent impairments.
However, the contributory fault laws in Missouri and Kansas could apply in your case. If a jury finds that that the pedestrian was partially at-fault for causing the pedestrian accident, the compensation you receive for your injury claim is reduced by the percentage of fault assigned to you for causing the accident.
Therefore, it is important to work with an experienced pedestrian accident lawyer in Kansas City. An insurance company may try to blame you for causing your pedestrian accident to avoid paying your injury claim.
Contact a Kansas City Pedestrian Accident Attorney for More Information
The Law Office of Kevin J. McManus handles pedestrian accidents in Kansas and Missouri. Call 816-203-0143 to schedule a free consultation to discuss your case with a Kansas City pedestrian accident attorney or contact us using the form below. We would be honored to assist you.