Many people assume that the driver is always at fault for causing a car wreck when a pedestrian is involved and a lot of the time they are right. But pedestrians can be partially or fully at fault in causing these accidents. While drivers have a duty to drive safely, pedestrians also owe a duty to drivers when they are walking. Pedestrians can cause or contribute to accidents in the following ways:

  • Intoxication – Pedestrians who are under the influence may stumble into street, fail to obey traffic signals, or even try crossing the street with oncoming traffic.
  • Jaywalking – This is an obvious one where pedestrians fail to obey traffic signals and cross the middle of the street.
  • Walking where they are not supposed to – This one happens when a pedestrian is walking somewhere where they are not allowed to but do so anyway (like a bridge).
  • Crossing the street when they are unallowed to do so – You see this when there is a do not cross light and the pedestrian decides to walk anyway.
  • Lack of paying attention – This occurs when a pedestrian is busy concentrating on something else (like their cell phone) rather than watching where they are going.

Distracted Pedestrian AccidentThe National Highway Traffic Safety Administration estimates that in 2018 6,075 pedestrians died in traffic accidents on public roads. Pedestrian deaths also occur in non-traffic incidents, such as on driveways, parking lots, or other private property. According to one report, the largest number of pedestrian deaths occur on Saturdays, and the majority of these deaths happen at night.

In most pedestrian-vehicle accidents, neither the driver nor the pedestrian are completely at fault. Because of both Kansas and Missouri comparative fault rules, both a distracted pedestrian and a driver could be entitled to compensation if a pedestrian related accident took place. If you were injured as a pedestrian in either Kansas or Missouri, you may be entitled to recover your damages under multiple different insurance policies. Your damages may include medical expenses, loss of income, pain and suffering, among other damages.

How Can Our Experienced Personal Injury Attorneys Help?

Foster Wallace, LLC advises injury clients throughout the Kansas City metropolitan area, only collecting payment for our services after your case is won. If you have any questions about injuries sustained while on a scooter, walking, or cycling because of the negligence of another person, or because a municipality failed to maintain a road, please fill out our online contact form to set up your free initial consultation.

Michael Foster
Kansas City Personal Injury Attorney