Columbia Pedestrian Accident Attorneys
Fighting for Safer Streets by Advocating for Injured Pedestrians
When a pedestrian is struck by a motor vehicle, the pedestrian’s chances of sustaining a serious or even fatal injury are exponentially higher than those of the motorist. The reason for this is that pedestrians have no substantial protection from vehicles and, therefore, take the brunt of the damage. This is more than speculation — unfortunately, more than 6,000 pedestrian fatalities resulted from motor vehicle crashes in 2019, per the National Highway Traffic Safety Administration (NHTSA).
Representing Injured Pedestrians for 50+ Years
If you or a loved one has been hit by a car while walking down the street or at a crosswalk, our Columbia pedestrian accident attorneys at DiPasquale Moore want to help you pursue compensation and justice through a legal claim. We have represented numerous pedestrians and bereaved families in personal injury and wrongful death lawsuits. With more than 100 years of combined experience, we have the skillset, knowledge, and resources to effectively advocate for your rights.
To schedule a free consultation with a DiPasquale Moore, contact our Columbia office online today.
Pedestrian Laws and Rights in Missouri
As a driver, you might have heard the old saying about how “Pedestrians always have the right of way.” This adage is not strictly factual, however. In many cases, the pedestrians do not have the right of way. As such, this saying is better to keep in mind to protect others (no one wants to injure a pedestrian if they can avoid it) rather than something to rely on in a court of law.
According to the Missouri Revised Statutes § 300.375, when traffic signals and controls are present, pedestrians only have the right of way when the signal tells them they can cross the street. When traffic controls are not present, the pedestrian has the right of way to cross within a marked or unmarked crosswalk, but they lose that right of way if they suddenly leave the curb or place of safety to cross without giving oncoming traffic enough time to yield.
Furthermore, according to § 300.390, pedestrians do not have the right of way when crossing outside of marked or unmarked crosswalks. It follows that pedestrians are not allowed to cross at any place except a crosswalk when between two intersections with functioning traffic controls or in a business district, as outlined in § 300.395.
Do I Qualify for a Pedestrian Accident Claim?
Although pedestrian laws can be quite complicated, many pedestrians find themselves eligible to file a legal claim against the negligent driver who injured them.
A few examples of injuries for which individuals have filed pedestrian accident claims over include:
- Broken bones
- Brain injuries
- Neck injuries
- Spinal cord injuries
- Internal organ damage
- Abrasions, such as road rash
Can I File a Claim if I Am Partially Liable?
You can still file a claim if you were less than half responsible for the accident. This means that even if you made a minor mistake, you are not barred from seeking compensation from the party largely at fault.
Per the comparative negligence rule, the courts will consider the percentage of fault of each party and reduce any compensation awarded accordingly. For example, if you were 20% at fault for the pedestrian collision and a jury awarded you $10,000 in damages, that award would be reduced by $2,000 (20%) due to your role in contributing to the accident.
How Do I Win a Pedestrian Accident Claim?
No firm or attorney can guarantee that you will win your pedestrian accident claim. With that in mind, you and your attorney will be expected to prove that the other party involved was negligent and that this negligence was the primary cause of the accident and, thus, your injury. You will also need to be able to verify your injury and any resulting damages for which you are attempting to recover compensation.
Driver negligence includes but is not limited to:
- Driving recklessly
- Engaging in road rage
- Driving while distracted (e.g. texting while driving)
- Operating a vehicle while under the influence
- Running stop signs, red lights, or other traffic signals
- Trying to pass a pedestrian
- Trying to pass another vehicle stopped for a pedestrian
- Failing to yield the right of way to a pedestrian
- Failing to check for pedestrians while turning, changing lanes, etc.
We’ll Fight to Recover Your Maximum Compensation
As mentioned, no law firm can guarantee that you will win your claim, but you can give yourself a strong chance of resolving it favorably and quickly by working with a skilled attorney who has experience in this legal practice area.
At DiPasquale Moore, we have a nuanced understanding of pedestrian and accident law in Columbia and throughout the state of Missouri. Our track record of success will let the liable party and their insurance agency know that you are taking the matter seriously and will not be ignored or taken advantage of. We will work to recover compensation for any and all damages incurred, including medical and hospital bills, lost wages, pain and suffering, missed time from work, and more. Our award-winning lawyers work on a contingency fee basis, so we won’t get paid unless you do.
Why wait? Call a DiPasquale Moore pedestrian accident lawyer in Columbia at (573) 312-3188.