Most pedestrian accident in Missouri or Kansas result in personal injuries. These can range from minor to severe, and may include back injuries, fractured bones, spinal damage, or brain injuries.  Many of these injuries can affect your daily activities and will require extensive medical treatment.  As you recuperate, the medical bills begin to mount, and the last thing you want to do is chase the insurance company to cover your costs.

Our Kansas City pedestrian accident attorney will fight on your behalf for compensation you deserve for your injuries.  He’ll navigate the process for you, from documenting your injuries to handling the insurance company.  

Call us today at 816-203-0143 or through our online contact form  for a free consultation to help guide you through the next steps.  We’re on your side, and here to help.

Common Injuries After a Pedestrian Accident

Pedestrians are the most vulnerable road users due to a lack of protection. A pedestrian accident can be catastrophic because of a vehicle's weight and speed and leave you with chronic pain and injuries, such as:

  • Fractured or broken bones:  Bones in the pelvis, legs, arms, and other body parts can fracture or break. You may need surgery, medications, and other treatment methods.
  • Head injuries:  A direct hit from a vehicle or hitting the ground due to the vehicle's impact may cause a  mild to severe traumatic brain injury (TBI).  The most common signs of a brain injury include confusion, nausea, and blurred vision.  A doctor will need to evaluate and monitor these symptoms as they can quickly dissipate or turn severe.
  • Back injuries:  These may include fractured vertebrae, herniated discs, a damaged spinal cord, and even permanent paralysis. Treatment and recovery can often be lengthy, or even long-term.
  • Soft tissue damage:  Tears, lacerations, sprains, and strains are types of soft tissue damage. While they're minor injuries, they quite often lead to limited mobility and pain. 
  • Internal injuries:  These injuries can include organ damage, internal bleeding, and punctured lungs.  The symptoms may take time to appear since they’re internal, ranging anywhere from several days, to months, or even years. 

Who Pays for Your Pedestrian Injuries in Kansas or Missouri?

car view of pedestrian in crosswalkAccording to Missouri and Kansas laws, a negligent and at-fault driver is liable for injuries a pedestrian sustains.  After proving that the at-fault party caused your injury and/or damages, the responsible insurance company provides compensation to you, normally through a settlement. 

A few state-specific terms to be aware of:

  • Missouri At-fault Insurance:  Missouri is an at-fault state. This means the negligent party's insurance company is responsible for paying your medical bills.  An uninsured motorist (a driver without insurance coverage) or an insufficient policy will have to bear the medical cost directly.  The vehicle owner or the driver's employer can also be liable. 
  • Kansas Personal No-fault Insurance:  Kansas has a no-fault law that applies to vehicle crashes.  An injured person’s car insurance company must pay personal injury protection (PIP) benefits if a driver hits you.  This allows you to settle a portion of your medical bills quickly after the accident.  You’re also entitled to recover wage loss damages before seeking a settlement from the at-fault driver. 

How You Get Paid

When the vehicle driver is responsible for your injuries and/or damages, the first step our attorney will take is to file an injury claim on your behalf with supporting evidence.  The next step is to help you navigate your medical recovery while also documenting your injuries, doctor appointments, and any follow-up care. 

During this time, our attorney will communicate directly with the insurance company on your behalf and can handle any negotiation with your input and approval.  Once a settlement is reached with the insurance company, our attorney assist in negotiating any medical liens and have a check ready to be delivered to you.

Who Treats You and How is Treatment Received

You have the right to choose your own medical providers, and the insurance company cannot force its choice on you.  Compensation from the negligent driver's insurer is paid after a settlement agreement is reached. 

Our attorney can advise your medical provider(s) that treatment billing will be paid from the settlement proceeds.  Medical providers may put a lien on the settlement to ensure they get reimbursement from the settlement.

Typically, medical providers will not get paid the at-fault driver's insurance company directly.  Instead, they get payment from health insurance, out-of-pocket fees, or at settlement.

  • Your Health Insurance:  You can pay for your injury treatment using your health insurance coverage.  Then your insurance provider may require reimbursement from the proceedings of your settlement.
  • Group health plans:  Medicare, Medicaid, and group health plans pay for covered treatments based on negotiated fees. Some of these plans have rights to be reimbursed after collecting an insurance settlement. However, since the plan covered your bill at a negotiated rate, it is far better than paying the full initial amount. 

Our Pedestrian Accident Attorney in Kansas City Can Help

If you or a loved one have been involved in a pedestrian accident in Missouri or Kansas, you are probably wondering what to do next.  Our personal injury attorney has answers.  You don't have to juggle between recuperating and seeking your rightful compensation.  Let us help.

 Our Kansas City pedestrian accident attorney can help reduce your stress and worries by handling the legal process and fighting for your rights.  He’ll handle your case and with the full attention it deserves.  Contact us today at 816-203-0143 or fill out our online form to schedule a free consultation. You can also instantly download our free e-book Crash Course: 9 Mistakes That Can Wreck Your Injury Claim. 

 

Kevin J. McManus
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Kevin McManus is an accident injury and disability lawyer in Kansas City, MO, and Overland Park, KS