Walking should be safe. But drivers in most Kansas City streets are not concerned about pedestrians. If you are hit by a car while walking, the crash becomes life-changing. If it were you or your loved one, you require help. A skilled and affordable Kansas City Pedestrian Accident Lawyer will guide you through all aspects of the claims process. This is a step-by-step explanation of what local attorneys do for pedestrian accident claims from beginning to end.
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What’s Different about Pedestrian Accident Cases?
Pedestrian accidents are different from other automobile collisions. Here’s why:
- No armor: A walker has no defense. Fender benders are major damage.
- Severe injuries: Broken bones, head trauma, and back injuries are typical.
- Severe medical expenses: Hospital stay and rehabilitation run into the thousands.
- Insurance struggles: Insurers and drivers both wish to blame the victim.
A Kansas City lawyer knows that the case must be brought in a unique manner. They blame the driver and issue a demand for payment in full.
First Things to Do Following a Pedestrian Accident
Following the accident, do the following if you can:
- Call 911. Report the accident and seek help.
- Seek medical attention. Even if you feel okay, see your doctor. Slow injuries happen.
- Photograph the scene. Photograph the scene, the car, and your injuries.
- Get witness contact information. Get witnesses’ names and phone numbers.
- Don’t talk to the insurance company or driver. They will misquote you.
Bring it all with you when you phone an attorney.
How Kansas City Lawyers Investigate Your Case
A good case requires evidence. Regional attorneys begin by gathering everything. This is what they do:
- Read police reports: These inform them where and when the accident occurred.
- Review medical records: These link your injuries back to the accident.
- Interview witnesses: Witness statements can provide fault on the driver’s behalf and assign fault on the driver’s side.
- Use traffic cameras: Video captures the driver speeding or running a light.
- Use experts: Accident reconstructors recreate the scene and detail how the accident occurred.
All of this comes into focus.
Proving the Driver’s Negligence
To prevail in your case, your attorney must be able to prove the driver was negligent for causing the accident. They search for the following:
- Duty of care: Drivers owe a duty to be paying attention to pedestrians and give them the right-of-way.
- Breach of duty: The driver violated that duty by not driving carefully, for example, texting or speeding.
- Causation: The negligent act resulted in your injury.
- Damages: You suffered such as pain, bills, or lost time.
If the driver broke a traffic law, that is usually fault.
Working with Insurers
Insurance adjusters will try to make their company save money. They can settle for low and not pay you. Kansas City attorneys do all the negotiations with insurers.
They know how:
- To challenge unfair claims.
- To negotiate reasonable payment.
- To establish clear evidence of injury.
Your lawyer’s job is to keep you out of bad faith and delay.
Defining How Much Your Claim Is Worth
Every claim is unique. Your lawyer will take many things into account:
- Medical bills: Hospital costs, therapy, and medication.
- Lost time: Lost income while recovering.
- Future care: Future care that you may require.
- Pain and suffering: Impact on daily activities and overall well-being.
Kansas City lawyers do occasionally call doctors and experts to find a fair value.
Filing a Lawsuit or Claim
Most pedestrian accident claims are settled out of court. If, however, the insurance company refuses to pay, your lawyer will sue.
Steps:
- Filing the complaint: This begins the suit in court.
- Discovery: Both sides exchange information and depose witnesses.
- Mediation: A hearing to try to settle before trial.
- Trial: In case an agreement is not reached, the case is submitted to a jury or judge for trial.
Your attorney will guide every step and all deadlines.
Issues Often Present in Pedestrian Accident Cases
These cases often have other issues:
- Facts in controversy: The driver may claim that you strayed into traffic.
- Partial fault: Partial fault is allowed in Kansas. If partially at fault, your award can be reduced.
- Uninsured motorists: In case of the driver being uninsured, your policy may come into play.
A good Kansas City attorney can help fix issues such as this and deal with your rights.
How Much Time Do You Have to File a Claim?
Missouri provides five years to file most claims for injuries. But do it quickly. Evidence disappears fast, and witnesses forget. Seek a lawyer the moment after the accident so you can start your case before evidence is lost.
What You Can Expect from a Kansas City Pedestrian Accident Attorney
Most importantly, you require the right attorney. Select someone who:
- Handles personal injury law.
- Handles pedestrian law.
- Listen to you.
- Answered clearly.
- Represents clients on a contingency fee (you owe nothing if you lose).
An excellent attorney will be courteous to you and inform you of the latest.
Your Pedestrian Rights
Missouri law is put in place to protect pedestrians. You are entitled to:
- Cross in marked crosswalks.
- Walk on the sidewalk.
- Have other drivers yield when you do have the right-of-way.
If the other driver does not do any of these things, you can make them pay you for your damages.
Why Going Fast is Helpful
Going fast is good for your case. Here’s why:
- Greater evidence: Pictures, skid marks, and people’s memories run out after some time.
- Medical records: Proper treatment verifies crash injuries happened right away.
- Stronger cases: You’re treated more seriously by insurance companies when you have an attorney protecting you immediately.
The sooner you contact a Kansas City lawyer, the stronger your case will be.
Final Thoughts
It is awful to be hit by a car. You’re in shock and don’t know what to do. An experienced Kansas City personal injury lawyer will guide you through it, do it for you, and fight for what you deserve. You were injured or a loved one was injured? Call now.
FAQs About Kansas City Pedestrian Accident Cases
1. How much does it cost to hire a pedestrian accident lawyer?
Most Kansas City lawyers work on a contingency fee. That is to say, you pay absolutely nothing if you lose or fail to settle your case.
2. How long will my case last?
Every case is unique. Some get settled in a few months. Others may last a year or two if they do go to trial.
3. What if I was partly at fault?
Missouri has “comparative fault.” If you were partly at fault, you can receive money, but your award will be reduced.
4. Do I recover if the driver ran away?
You bet. If the driver ran away, your own company or special funds will compensate you. Your lawyer can tell you about possibilities.
5. What kind of damages can I recover?
You will also be able to recover for medical bills, lost income, pain and suffering, and other related expenses.