You don’t have to be in a car to be involved in a car accident.
In fact, over 78,000 pedestrians are treated for injuries each year as a result of being hit by a car. Since a pedestrian has absolutely no protection from the impact, injuries are severe. Despite that, liability is difficult to prove, especially when the accident occurred outside of a crosswalk.
Accidents Involving Pedestrians
The trouble with a pedestrian accident is that like drivers, pedestrians also have an assumed duty of care. For that reason it is not uncommon for juries to assign contributory negligence to them when assessing an award. They may feel that the plaintiff was also negligent if they ignored a do not walk signal at an intersection, failed to use a crosswalk or darted into traffic. As for the driver, any number of things may be cause for negligence including:
failure to observe a crosswalk or traffic signal
not signaling when making a turn
driving while intoxicated
The accident scene may need to be recreated and witness testimony introduced in order to determine if and to what extent each party contributed to the accident. If you are were not responsible for the accident, an experienced car accident attorney will know exactly how to best defend any claims against the plaintiff for shared blame. A Missouri pedestrian settled their claim for $250,000 after being injured by a small pick-up truck. They were not in a crosswalk and visibility was poor at the time. Even though they shared part of the liability, facts showed that the driver bore the brunt of it.
Injuries to a pedestrian vary greatly depending on the height and weight of the vehicle as well as the speed in which it was traveling. Most of the time the initial impact is to an adults lower legs causing the upper body to jerk forward onto the hood and windshield. If the car is traveling at a low speed then the pedestrian will remain on the hood and then drop to the ground when the car stops. Higher speeds mean more contact injuries as the body bounces on the hood of the car. At very high speeds the force of the impact can cause a person to fly over the vehicle causing even more injury as they hit the ground. Head trauma, bone fractures, and lacerations are all common injuries seen with pedestrian accidents.
The group with the highest risk of being hit by a car is elementary aged children. Their small size and unpredictable behavior makes them a target for pedestrian accidents. There is a higher duty of care expected in regards to children, and drivers should proceed with a greater degree of caution when in an area where children are known to be. If your child is injured by a motor vehicle retain a Missouri car accident attorney as quickly as possible. Injuries sustained by kids hit by a car may need extensive medical care and long term therapy.
St. Louis Car Accident Lawyer
No matter what the circumstance, you should get advice from a St. Louis car accident attorney if you are hit by a car. At The Hoffmann Law Firm we have over 15 years of experience protected the rights of St. Louis car accident victims. If you or a loved one have been injured, as a driver, passenger, or pedestrian, call our law firm at (314) 361-4242 and schedule a free consultation.