Pedestrians and cyclists often find themselves at the mercy of motor vehicles. Despite following the rules of the road and exercising caution, accidents still happen. When they do, the law provides certain protections to these vulnerable road users. At Foster Wallace, LLC, we are staunch advocates for the rights of pedestrians and cyclists. This article outlines how these individuals are protected in car accident cases and how our firm can assist in the wake of an unfortunate pedestrian accident..jpeg)
Legal Protections for Pedestrians and Cyclists
The Right of Way: Pedestrians and cyclists are granted certain rights, including the right of way in many situations. Drivers are expected to yield to pedestrians in crosswalks and to cyclists in bike lanes.
Comparative Negligence: Even if a pedestrian or cyclist may have played a role in causing an accident, they can still recover damages. Missouri's comparative negligence rule allows recovery even when the injured party is partially at fault. For instance, if a pedestrian or cyclist was 60% at fault for the wreck, they could still recover 40% of their damages from the driver. Kansas laws are different, however. In Kansas, if you are 50% or more responsible for the accident, you would recover not be able to recover anything.
Special Considerations for Children: Children are given extra protections under the law. Drivers are expected to exercise greater caution where children are likely to be present, such as near schools and parks.
How a Pedestrian Accident Attorney Fights for Pedestrians and Cyclists
Investigating the Accident: Our Kansas City-based personal injury lawyers (and our team of private investigators we use) do thorough investigations to collect evidence that supports the pedestrian or cyclist’s account of the accident.
Understanding the Injuries: Injuries to pedestrians and cyclists can be severe. We work with medical professionals to understand the full extent of these injuries and the impact on the victim’s life (not only past injuries and how they relate but testify about future injuries as well).
Insurance Negotiations: We handle negotiations with insurance companies to seek compensation that truly covers the victim’s past and future medical expenses, lost wages, and pain and suffering.
Litigation Expertise: If necessary, we will be prepared to take a case to trial to ensure that the rights of the pedestrian or cyclist are fully represented and advocated for. We have tried many cases to verdict and many law firms have never tried a case once.
The Importance of Immediate Action: After an accident, it is crucial for pedestrians and cyclists to seek legal help immediately. Quick action can preserve evidence and strengthen the case.
