St. Louis Pedestrian Accident Lawyer

Our St. Louis pedestrian accident lawyers at The Floyd Law Firm can guide injured victims through personal injury claims to help them achieve the case results they need. We are here for you during this difficult time. Contact us today for a free consultation.

When drivers are careless and reckless behind the wheel, they put pedestrians at risk of suffering significant harm. Pedestrian-vehicle collisions can cause severe and fatal physical injuries as well as significant emotional harm to the pedestrian.

Why You Need a St. Louis Pedestrian Accident Attorney

Although Missouri law holds drivers financially responsible, or liable, for car accidents that they cause, car insurance companies are notorious for trying to avoid paying claimants. You may find it difficult to obtain fair and full financial compensation from a driver’s car insurance company after getting hit by a car – especially if your injuries are catastrophic. A St. Louis pedestrian accident lawyer from The Floyd Law Firm can help you protect yourself.

Our St. Louis pedestrian accident attorneys can return to the scene of your accident and conduct an investigation to determine fault. Then, your St. Louis personal injury lawyer will search for evidence to prove negligence and establish causation. You can trust your pedestrian accident attorney to take over insurance claim negotiations or bring your case to court, if necessary, for maximum financial compensation. Meanwhile, you can rest, relax and focus on healing from your injuries.

What Kind of Damages Are Available to Pedestrian Accident Victims?

When a vulnerable pedestrian suffers a collision with an average 4,000-pound metal vehicle, the pedestrian’s injuries may be catastrophic or fatal. Even more fortunate victims with less serious injuries may face financial hardship after only one or two missed paychecks and expensive medical costs. A successful pedestrian accident claim in St. Louis can recover compensation for damages such as the following:

• Medical expenses
• Future medical costs
• Lost wages
• Future income loss
• Diminished earning capacity due to disability
• Pain and suffering
• Any other non-economic damages that apply in an individual case such as traumatic limb loss, disfigurement, emotional anguish, or loss of enjoyment of life
• Wrongful death

If a loved one dies in a pedestrian accident, close family members may seek compensation through a wrongful death claim in Missouri.

Financial compensation for non-economic damages like pain and suffering may not be able to erase the pain and distress of the pedestrian accident, but it can substantially increase the amount of the settlement or court award and relieve financial burdens so the injury victim can focus on their physical recovery with fewer financial concerns.

In a pedestrian accident wrongful death claim, close family members may claim damages including funeral costs and the loss of income and benefits for the number of working years the loved one had left if they hadn’t died from their injuries.

How Long Do I Have to File an Accident Claim in Missouri?

Like all states, Missouri imposes a time limit for filing personal injury claims, including those for pedestrian accidents. Most states limit injury victims to two years, but Missouri’s statute of limitations for pedestrian accident claims is a generous five years from the date of the accident. This means the victim and their attorney may take up to five years to file a lawsuit to recover compensation for damages. Typically, injury claims are settled out of court through an attorney’s negotiations with the insurance company of the at-fault party so most cases don’t require a lawsuit and court cases. Only when there’s an insurance company’s wrongful denial of the claim or the insurer fails to offer an acceptable settlement amount does the case go to court. In these cases, the attorney must ensure the lawsuit is filed within 5 years of the date of the accident except under specific circumstances. Extensions to Missouri’s statute of limitations may apply under the following circumstances:

• If the victim is a minor, they have up to 5 years from the date of their 18th birthday to file a claim
• In cases of delayed discovery, such as learning months later that a nagging backache is due to a burst disc from the accident, the statute of limitations begins on the date of the injury’s discovery or when it should reasonably have been discovered
• If a pedestrian accident is unconscious, comatose, or otherwise incapacitated for a significant period of time after the accident, the time limit begins on the date they recover their cognitive abilities

If you have questions about how Missouri’s statute of limitations for pedestrian accidents impacts your case, your St. Louis pedestrian accident lawyer from The Floyd Law Firm can help.

How Do I Prove Negligence in a Pedestrian Accident?

Drivers owe a duty of care toward pedestrians as well as other drivers on the road. They must take all reasonable measures to prevent causing injury. After a pedestrian accident, the police may perform a brief investigation at the scene. The police report and the pedestrian’s medical report become critical evidence to prove that the driver’s negligence caused the accident and the pedestrian suffered injuries and damages from the accident.

Because law enforcement focuses their time and funds on criminal investigations, they may not do a thorough investigation of a pedestrian accident to determine negligence. It often takes a skilled pedestrian accident attorney to gather and document evidence to present a compelling case for negligence and a driver’s liability for the injury victim’s damages. Proving negligence requires demonstrating the following:

• The driver owed a duty of care to take reasonable measures to prevent causing injury to the pedestrian and others on the road
• They breached this duty through an act of negligence
• Their negligent breach of duty directly caused the injury
• The injury victim suffered significant damages from the injury

Damages in pedestrian accident claims are both economic and non-economic. After a pedestrian accident in St.Louis, the at-fault driver is responsible for providing compensation for these damages—typically through their auto insurance policy.

Steps to Take After Getting Hit by a Car

If you get hit by a car while jogging or walking in St. Louis, try to remain calm and remember to take the following steps to protect yourself physically and financially:

1. Check for signs of an injury, such as pain, bleeding, or swelling.
2. If you notice signs of a potential back or spine injury, limit your movements until help arrives.
3. Call 911 immediately to report the accident to the police and request paramedics.
4. If you can, get out of the road and to a safe place to wait for the police to arrive.
5. Exchange information with the driver who hit you. Do not admit fault for the accident.
6. Take photographs of where the accident took place and the car that struck you.
7. Go to a hospital without delay for professional medical care.
8. Call the driver’s car insurance company to report the accident and file a claim.
9. Do not give the insurance claims adjuster a recorded statement.
10. Contact The Floyd Law Firm before accepting a settlement from the insurance provider.

The first settlement offered by a car insurance company is often less than the true value of the claim. Before accepting a settlement or signing anything sent to you from an insurance company, consult with our St. Louis car accident attorneys.

What to Watch Out for When Insurance Company’s Call After a Pedestrian Accident

Insurance companies are in business to make profits, often at the expense of an injury victim’s claim. Accepting a fast settlement offer requires signing away your right to file a lawsuit. Insurance adjusters not only sometimes offer fast, low-ball settlements soon after an injury before the victim can know the true extent of the damages they’re facing, but they may try other common tactics as well, including the following:

• Calling on recorded lines and using your casual remarks against you later
• Scouring your social media pages to “catch” you looking fit and active, even if you were truly in pain
• Obtaining your authorization to review medical records and then searching through your medical history to find a pre-existing condition they can claim is the true cause of your pain
• Claiming that your doctor’s treatment recommendations aren’t necessary for your type of injury

It’s always best to hire a pedestrian accident attorney in St. Louis before speaking to insurance adjusters and then directing all communication to your lawyer.

Common Injuries Suffered in Pedestrian Accidents

The human body cannot withstand an impact with a large and heavy motor vehicle. Even a low-speed pedestrian-vehicle collision can result in significant injuries for the pedestrian. As the victim’s body strikes the front of the car, the hood, the windshield, and/or the asphalt, he or she can catastrophic injuries and life-threatening injuries.

Examples include:

• Broken bones
• Rib fractures and chest injuries
• Neck and back injuries
• Spinal cord injuries
• Permanent paralysis
• Lower extremity injuries
• Soft-tissue injuries
• Traumatic brain injuries
• Crush injuries
• Internal injuries

At The Floyd Law Firm, our St. Louis pedestrian accident attorneys can handle pedestrian accident cases involving all types of injuries, including catastrophic and life-changing injuries. We also represent surviving family members in wrongful death claims after fatal pedestrian collisions in St. Louis.

What Causes Most Pedestrian Accidents?

Some pedestrians may be careless, such as those who focus their attention on their phone while walking in traffic, or pedestrians who dart into oncoming traffic; however, driver negligence is by far the most common cause of pedestrian accidents. Common causes of pedestrian accidents in St. Louis include the following:

• Distracted driving
• Drivers failing to yield the right of way to pedestrians in crosswalks
• Drivers making a left turn who fail to see an approaching pedestrian
• Impaired drivers
• Reckless driving in school zones or bus stop areas
• Intoxicated driving
• Night driving
• Poor weather conditions
• Speeding
• Road debris causing a pedestrian to veer into a traffic lane
• Parking lot collisions

Children are the most common victims of pedestrian accidents, but pedestrians of all ages face danger from distracted or aggressive drivers as well as from negligent drivers who make mistakes behind the wheel.

Contact Our St. Louis Pedestrian Accident Lawyers

If you were recently hit by a car in St. Louis, Missouri, contact us to request a free case consultation. Our St. Louis pedestrian accident lawyers will listen to your story and let you know how we can help in more detail. While you concentrate on your physical and emotional recoveries, we can take steps toward your financial one. We will also connect you to top doctors in St. Louis to make sure you get the care that you need.

Call The Floyd Law Firm today at (314) 863-4114 to learn more during a free case review. We can come to your home or hospital, if necessary.