The world can change in a single, terrifying second. One moment, you’re crossing a familiar street in Cape Girardeau or enjoying a quiet evening stroll in your Poplar Bluff neighborhood. The next, you are met with the jarring, disorienting impact of a vehicle. Being hit by a car as a pedestrian is not just an accident; it’s a deeply traumatic event that can leave you with severe physical injuries, emotional scars, and a mountain of overwhelming questions.
How will I pay for these medical bills? What happens if I can’t go back to work? Who is responsible for what I’ve lost? In the chaotic aftermath, it’s easy to feel lost, vulnerable, and completely alone.
The path to recovery—physically, emotionally, and financially—can be complicated, but it is a path you do not have to walk by yourself. An experienced pedestrian accident lawyer can help you understand your legal rights, hold negligent drivers accountable, and pursue the full compensation you deserve. Understanding legal options for a pedestrian hit by a car can empower you to take the steps needed to pursue justice and fair compensation.
The First Steps: Protecting Your Health and Your Case Immediately After the Accident
What you do in the minutes, hours, and days following a pedestrian accident can have a significant impact on both your physical recovery and your ability to secure fair compensation later. While your mind may be racing and you may be in considerable pain, trying to remember these steps can provide a crucial foundation for your case.
1.Prioritize Your Safety and Seek Immediate Medical Attention.
Your health is the absolute priority. If you are able, move to a safe location away from traffic, such as a sidewalk or shoulder. Do not try to get up or move if you suspect a head, neck, or back injury.
Even if you feel you’ve only suffered minor bumps and bruises, it is essential to call 911 and be evaluated by paramedics and/or go to an emergency room. The adrenaline from such a shocking event can easily mask the severity of your injuries. What feels like a minor ache could be a fracture, a soft tissue injury, or even a serious internal injury. Seeking immediate medical care not only starts your healing process but also creates an official medical record that links your injuries directly to the accident—a critical piece of evidence for any future legal claim.
2.Report the Accident to Law Enforcement.
Always ensure the police are called to the scene. A police report is an invaluable, objective document that captures the essential details of the incident. The responding officer will typically document the date, time, location, weather conditions, contact, and insurance information for the driver, statements from both parties, and any witness information. They may also include a preliminary assessment of fault. This official report serves as a cornerstone for your insurance claim and any potential lawsuit.
3.Gather Information (If You Are Physically Able).
If your injuries permit, try to gather as much information as possible at the scene. If you cannot, ask a bystander or a family member who arrives to help you with this.
- Driver’s Information: Get the driver’s full name, address, phone number, driver’s license number, and insurance company name and policy number.
- Vehicle Information: Note the car’s make, model, color, and license plate number.
- Witness Information: If anyone saw the accident, ask for their name and phone number. Independent witness testimony can be incredibly powerful in proving what happened.
- Photos and Videos: Use your smartphone to document everything. Take pictures of the vehicle that hit you (including the license plate), your injuries, the exact location of the accident, any nearby traffic signals or signs, skid marks on the road, and the weather and road conditions. This visual evidence can help reconstruct the scene later.
4. Be Cautious About What You Say.
In the moments after an accident, it’s natural to be polite or apologetic, even when you did nothing wrong. However, you should avoid making statements like “I’m okay” or “I’m sorry.” Adrenaline can prevent you from realizing the extent of your injuries, and what you might mean as a simple courtesy could be twisted by an insurance company to suggest you were admitting fault. Stick to the facts when speaking with the driver and the police.
Understanding Fault: The Concept of Negligence in Missouri
Once you’ve addressed your immediate needs, your legal options will revolve around a central concept: negligence. To have a valid personal injury claim, you must be able to show that the driver who hit you was negligent. In legal terms, this means proving four key elements:
- Duty: The driver had a legal duty to operate their vehicle with reasonable care to avoid harming others, including pedestrians. This is a fundamental rule of the road for every driver in Missouri.
- Breach: The driver breached, or violated, that duty of care through a careless or reckless action (or inaction).
- Causation: The driver’s breach of duty was the direct cause of your injuries.
- Damages: You suffered actual harm, or “damages,” as a result. This includes medical bills, lost income, pain, and suffering.
Types of Driver Negligence
Common examples of driver negligence in SEMO pedestrian accident cases include:
- Distracted Driving: Texting, talking on the phone, adjusting the GPS, or eating while driving.
- Speeding: Exceeding the posted speed limit or driving too fast for the current weather or traffic conditions.
- Failing to Yield: Not yielding the right-of-way to a pedestrian in a marked or unmarked crosswalk.
- Disregarding Traffic Laws: Running a red light or a stop sign.
- Driving Under the Influence (DUI): Operating a vehicle while impaired by alcohol or drugs.
- Improper Turning: Making a turn without checking for pedestrians in the crosswalk.
A Note on Missouri’s “Comparative Fault” Rule
It’s important to understand that Missouri follows a legal doctrine called “pure comparative fault.” This means that even if you are found to be partially at fault for the accident, you can still recover compensation. However, your total compensation award will be reduced by your percentage of fault.
For example, let’s say you were crossing the street outside of a crosswalk, and a jury determines this made you 20% at fault for the accident. You would still be able to recover 80% of your damages.
Insurance companies are very aware of this rule. Their adjusters will often try to shift as much blame as possible onto you, the pedestrian, to reduce the amount they have to pay. They might argue you were distracted by your phone, wearing dark clothing at night, or emerged from between parked cars. This is one of the most critical areas where having a knowledgeable legal advocate on your side becomes essential to protect your right to full and fair compensation.
Your Legal Options: The Path to Compensation
After establishing the basics of fault, the journey toward compensation begins. This typically involves two main avenues: negotiating a settlement with the at-fault driver’s insurance company or, if necessary, filing a personal injury lawsuit.
Dealing with the Insurance Company
Shortly after the accident, you will likely be contacted by an insurance adjuster from the driver’s insurance company. It is crucial to remember their role. While they may sound friendly and concerned, their primary job is to protect their company’s financial interests by minimizing the amount paid out on your claim.
Here are a few things to keep in mind when an adjuster calls:
- Avoid Giving a Recorded Statement: Adjusters will often ask for a recorded statement about the accident. You are not legally obligated to provide one. They are trained to ask questions in a way that can be used against you later to imply fault or downplay your injuries. It is best to politely decline until you have spoken with an attorney.
- Don’t Sign Anything or Accept a Quick Settlement: The insurance company might offer you a quick check to settle your claim. This may seem tempting, especially when medical bills are starting to arrive. However, these initial offers are almost always far less than what your case is actually worth. They don’t account for future medical needs, long-term lost income, or the full extent of your pain and suffering. Once you accept a settlement and sign a release, you forfeit your right to seek any further compensation for your injuries, even if they turn out to be more severe than you initially thought.
- Limit the Information You Share: You can provide your basic contact information and the date and location of the accident, but avoid going into detail about your injuries or how the accident occurred. Simply state that you are still receiving medical treatment and are not ready to discuss the details.
Understanding the Full Value of Your Claim: Types of Damages
A fair settlement or verdict should cover all your losses, not just the bills you can see right now. These losses are referred to as “damages” and may include:
- All Medical Expenses: This includes everything from the initial ambulance ride and emergency room visit to hospital stays, surgeries, doctor’s appointments, prescription medications, physical therapy, and any necessary medical equipment like crutches or a wheelchair.
- Future Medical Costs: Serious injuries often require long-term care. If your injury will necessitate future surgeries, ongoing physical therapy, chronic pain management, or in-home care, these projected costs must be calculated and included in your claim.
- Lost Income: This covers the income you have already lost from being unable to work during your recovery.
- Loss of Future Earning Capacity: If your injuries prevent you from returning to your previous job or limit your ability to work in the same capacity, you may be entitled to compensation for this diminished earning potential over the course of your working life.
- Other Out-of-Pocket Costs: This can include transportation costs to medical appointments or the cost of modifying your home or vehicle to accommodate a permanent disability.
- Pain and Suffering: Compensation for the physical pain, discomfort, and general suffering your injuries have caused and will continue to cause.
- Emotional Distress and Mental Anguish: This acknowledges the psychological impact of the trauma, which can include anxiety, depression, fear, sleep disturbances, and post-traumatic stress disorder (PTSD).
Calculating these damages accurately is complex. It requires not just gathering bills, but often involves consulting with medical experts, vocational specialists, and economists to project the full, lifelong impact of your injuries. This is not something an insurance adjuster will do for you.
Finding Strength and Support: Why You Should Consider Legal Guidance
Dealing with the legal system while trying to recover from a traumatic injury is an immense burden. The emotional, physical, and financial pressures can be overwhelming. This is where seeking the guidance of an experienced SEMO personal injury lawyer can make all the difference.
An attorney acts as your advocate, your protector, and your guide. Their role is to:
- Handle All Communication: They will take over all communication with insurance companies, protecting you from adjusters’ tactics.
- Conduct a Thorough Investigation: They will gather all necessary evidence, including the police report, medical records, witness statements, and security camera footage, to build the strongest possible case for you.
- Accurately Value Your Claim: They will work with experts to ensure every single past, present, and future loss is accounted for, so you don’t leave money on the table.
- Negotiate on Your Behalf: Armed with evidence and a precise valuation of your claim, they will negotiate aggressively for a full and fair settlement.
- Take Your Case to Court: If the insurance company refuses to offer a fair settlement, a dedicated trial attorney will not hesitate to file a lawsuit and fight for you in front of a judge and jury.
Most importantly, having a legal team on your side allows you to focus on what truly matters: your healing and putting your life back together.
Let Our Pedestrian Accident Lawyer Help You Move Forward
Being hit by a car is a challenging and uncertain time. At Cook, Barkett, Ponder & Wolz, we understand the fear and distress you are experiencing. We believe that your story matters, and we are dedicated to providing the compassionate, client-focused legal care you deserve. For us, it’s not just about knowing the law; it’s about knowing you and understanding the profound impact this event has had on your life.
Our team of experienced SEMO car accident lawyers has been fighting for injured clients throughout Southeast Missouri for decades. With a combined experience of over 100 years and a track record of recovering millions of dollars for victims and their families, we have the resources and the relentless commitment to justice needed to stand up to powerful insurance companies.
If you or a loved one has been injured as a pedestrian in Cape Girardeau, Sikeston, Scott City, Poplar Bluff, or anywhere in Southeast Missouri, call our dedicated team of Cape Girardeau personal injury attorneys today at (573) 335-6651 or through our online form for a free consultation.