Licensed in Missouri and Kansas

Types of Claims in Pedestrian Crash Cases

As Kansas City personal injury lawyers, we handle a lot of pedestrian car crash cases. There are many types of claims that can be made against a negligent driver who hits a pedestrian. In this blog, I’d like to describe a few of them.

First, however, it is important to explain that: Missouri law requires drivers exercise the highest degree of care.

This essentially means: the law requires everyone use the degree of care that a very careful person would use under the same or similar circumstances. This is a higher standard than other negligence claims, where the law requires ordinary care. This requirement of the highest degree of care applies to car crashes involving pedestrians, not crashes involving just cars.

The most common type of claim in pedestrian car crash cases is the failure to keep a careful lookout.

This is also the most common type of claim in car-on-car collisions. This is because failing to keep a careful lookout applies in almost any collision scenario. Usually the root cause of a collision is because the driver was not paying attention. In fact, distraction will more likely cause a driver to fail to see a pedestrian than a car because pedestrians are harder to see through peripheral vision.

Another common claim in pedestrian car crash cases is the driver’s failure to obey traffic signals at crosswalks.

Missouri law requires drivers obey traffic signals at intersections, including those with pedestrian walkways. If they don’t obey those laws, and as a result a pedestrian gets hit, the driver is responsible for the pedestrians’ injuries and damages. This type of claim is called negligence per se.

If you or a loved one has been the victim of a pedestrian car crash and have questions about ways to recover money compensation for your injuries and damages, please give us a call. We have many years of experience in these types of cases and can answer your questions. Call 816.867.8611 to schedule your free initial consultation.