No matter the circumstances surrounding you or your loved one’s accident, a pedestrian has the right to travel on foot without fear of being struck by a car. If you or someone you know was struck by a car while walking, you would benefit from discussing your legal options with a trial lawyer.

An experienced Jefferson County pedestrian accident lawyer can review the facts surrounding the crash to establish the driver was at fault. A strong case built through solid investigation gives you the best chance at recovering maximum monetary damages for your injuries. With skilled legal counsel by your side, you can move forward with an injury lawsuit with confidence.

Negligence in a Pedestrian Accident

For a Jefferson County attorney handling a pedestrian accident case to prevail at trial, they must demonstrate that the defendant was responsible for the accident. To do so, your attorney must establish the four elements of negligence.

  • The driver owed you a duty of care
  • The driver breached that duty
  • The breach caused your injuries
  • You suffered actual damages as a result

Should all four elements not be able to be established, recovery would not be possible.

Common Defenses in a Pedestrian Accident Case

Frequently, the driver in a pedestrian accident admits fault and agrees to cover an injured pedestrian’s damages. However, in some cases, the driver or their insurance company refuses to cooperate or denies responsibility. When these cases go to trial, the defense attorney frequently raises a large number of defenses with the hope that one sticks. Common defenses include:

  • You were improperly crossing the roadway
  • You were walking, standing, or playing in the roadway
  • You darted out in front of the driver
  • You entered a crosswalk despite a “Do Not Walk” indicator
  • You failed to mitigate your damages by seeking prompt medical treatment

It is the role of a Jefferson County pedestrian accident lawyer to poke holes in every defense raised by opposing counsel.

Pure Comparative Fault in Jefferson County

In some cases, there are valid counter-arguments raised by the defense. Even when the defendant was ultimately responsible, it is possible that your actions played a role in causing the accident. Thankfully, Missouri law allows you to recover some of your losses even when you are partially responsible for your injuries.

Like many states, Missouri has adopted a legal doctrine known as “pure comparative fault”. Under a comparative negligence theory, you may recover damages despite sharing some of the fault for the accident. However, a jury would reduce your compensation by the percentage you were at fault for the accident.

Contact a Jefferson County Pedestrian Accident Attorney Right Away

If you suffered an injury in a vehicle-pedestrian collision, you deserve to recover your damages. Even if you were partially responsible, you have a right under Missouri law to seek compensation for your damages. With the help of a Jefferson County pedestrian accident lawyer, you can rest assured that an attorney holds your interests at heart and can work to achieve the maximum compensation of your claim. Call today to schedule a consultation with one of our trial lawyers.

Call (314) 878-9797 to request a free consultation!