Pedestrian Accident Attorneys in Kansas City

Pedestrian accidents are an unfortunate reality in cities across the United States. Sadly, these kinds of accidents can leave victims seriously injured. In some cases, a pedestrian accident may even claim the life of someone you love. If you or someone you care about has suffered an injury as a pedestrian hit by a car, you’re likely able to file a personal injury claim to compensate you for damages. Though it may seem like liability in a pedestrian accident may be easy to prove, this is not always the case. 

That’s where we come in. At Denning Law Firm, LLC, our attorneys are ready to uphold your rights and stand by your side throughout this difficult time. Reach out to our personal injury attorneys to help you navigate the insurance process and help you pursue the financial compensation you deserve. 

If you need help anywhere in the Kansas City area—in both Kansas and Missouri—as well as Overland Park and surrounding communities, set up a consultation with Denning Law Firm, LLC today.   

Determining Liability  

Although it’s true that in most cases pedestrians are considered to have the right of way and that cars should yield to them, there are some state-specific rules regarding Missouri’s and Kansas’s Pedestrian Right of Way laws that you’ll need to understand. In fact, there are slight differences in each state.  

Both states stipulate that in a crosswalk area that’s controlled by a light, the pedestrian must wait for the light to cross. In Missouri, if the crosswalk isn’t controlled by a light, the pedestrian generally has the right of way in both marked and unmarked crosswalks (meaning between two intersections.) The legal language in Kansas is similar to this, but it only states that this is the rule in marked crosswalks.  

That said, no matter what state you’re in, the pedestrian must also exercise responsibilities anytime they’re crossing into traffic. For instance: 

• A pedestrian must not leave the sidewalk and enter into traffic if it’s likely to cause a hazard or if the vehicles won’t have a reasonable amount of time to stop, and  

• Pedestrians are expected to always exercise caution even when they have the right of way and yield to emergency vehicles.  

The driver must also follow the rules of the road and yield to a pedestrian who’s waiting to cross at a crosswalk, especially if they’re trying to cross on the same side the car is on. In situations where other hazardous circumstances are present such as poor visibility due to weather or a lack of adequate signage, each party should exercise their responsibility to prevent accidents from occurring. For example, cars should reduce their speed if they don’t have a clear line of sight to a crosswalk, and a pedestrian should ensure that the driver sees them and is stopping before walking out into the road. 

Fault Determination

Kansas and Missouri have different laws regarding finding fault in a personal injury case. 
 

• Missouri is a Fault State: In Missouri, when an accident happens, the victim can immediately file a claim with the other driver without first filing under their own insurance policy.   

• Kansas is a No-Fault State: In Kansas, the injured party typically must file a claim through their own policy before filing a claim with the other party, regardless of whose fault the accident was.  

Both states follow a comparative fault model which allows liability to be shared between the two parties, and this applies to pedestrian accidents as well. In Kansas, you can seek damages from the other party as long as you hold less than 50% of the fault. In Missouri, you’re able to seek damages from the other party no matter what your share of the fault is (even if you’re found to be 99% liable for the accident occurring). 

Statute of Limitations

Another important consideration when filing a personal injury or wrongful death lawsuit is how long you have to bring forward a claim. In Kansas, you only have two years to bring a personal injury claim, while in Missouri you have five years. For wrongful death claims, you have two years to file a lawsuit in Kansas and three years in Missouri. 

Damages Available

The exact damages will depend on the extent of your injuries, but in general, you are due compensation for any expenses that are related to the injury caused by the accident. This could include compensation for medical bills, current and future lost wages, property damage, pain and suffering, loss of consortium, or funeral and burial expenses. 

What Steps Should I Take Next?  

After addressing your injuries and ensuring your physical and mental health is taken care of, you should reach out to a pedestrian accident attorney for help with the next steps. If you’re the victim, your lawyer can help you gather evidence, walk you through your insurance claim, and help you decide whether or not to file a lawsuit against the at-fault party. If you’re representing a loved one who was incapacitated or lost their life, they can help you initiate a wrongful death claim.