Strolling on Kansas City sidewalks should never be dangerous for you. Still, each year, too many are struck by negligent motorists. You have rights if you or your loved one were struck by a motorist while walking. This guide tells you your rights and how to get you compensation.
Most Common Causes of Pedestrian Accidents
Most of the accidents are due to distraction or lack of enough respect for road control on the side of drivers. The reasons are listed below:
- Distraction: Cell phones instead of the road in sight.
- Speeding: Speeds where running over a pedestrian on the road is not immediate.
- Failure to Yield: Failing to stop when pedestrians are in the crosswalk.
- Driving Under the Influence: Driven under the influence of alcohol or drugs.
- Poor Lighting: Pedestrians are invisible on the road during nighttime.
Drivers have a duty of care towards pedestrians. If they violate that duty, then they are responsible.
Injuries Often Resulting from Pedestrian Accidents
A speeding car can cause enormous damage to the human body. A low-speed accident can change one’s life. Some of the most frequent injuries are:
- Fractured bones and legs
- Head injury and concussion
- Spinal injury
- Road rash, cuts, and bruises
- Internal bleeding
Conditions that could be included are surgery, hospitalization for an extended period, and therapy. Some just don’t heal. It can cost a fortune.
What to Do Immediately Following the Accident
The first few minutes after being in a car accident are very important. Keep your cool and protect your health as well as your case:
- Go to Safety: If possible, get out of traffic.
- Call 911: Have medical help come and call it in.
- Seek a Doctor: Even small pains may be symptomatic of something worse.
- Get Photos: Take photos of the car, road, and injuries.
- Collect Contact Info: Get names, phone numbers, and license plate numbers.
- Don’t Say Sorry: Don’t apologize or say sorry.
- Talk to a Lawyer: See them first before speaking with insurance representatives.
Consult with a skilled and affordable personal injury lawyer in Kansas City right away.
Who Could Be Responsible for Your Injuries
The majority blames the driver. This is probably true, but not always so. There might be others at fault as well:
- The driver’s employer if he was working.
- A city or state if the highway itself was not in good condition.
- A motor manufacturer if the automobile was of faulty make and led to the accident.
Your lawyer will sift through all the scenarios to see who everyone is to be held accountable.
What Compensation Can Pay For
Money can’t erase the pain. But it puts you back in business. A claim can pay for:
- Medical Bills: Doctor fee statements, surgery, rehab, medication.
- Lost Wages: Lost working time because of injuries.
- Lost Future Wages: If ever you’ll be able to return to your former job.
- Pain and Suffering: How your wreck changed your happiness and life.
- Property Damage: Clothing, phones, or property you destroyed in the wreck.
Depends on how seriously you were hurt and how it impacted your life.
How Comparative Fault Works in Kansas
Kansas is a modified comparative fault state. That is:
- If partially at fault, your recovery is less.
- If over 50% are at fault, you recover nothing.
Example:
If you are 30% at fault and damages are $100,000, you receive $70,000.
The insurance company will attempt to shift blame on you for accepting less from them. Your sharp attorney will battle to retain your share.
Be Prepared for Insurance Company Tricks
Insurance appraisers are extremely polite. But they’re doing their job to make the insurance company a profit. They may:
- Make a low settlement offer upfront.
- Inform you that you don’t need to retain an attorney.
- Decrease your injuries.
- Ask you to provide a recorded statement.
In no shape, form or fashion sign or accept payment if you don’t talk to an attorney. You can’t bargain once you settle the claim.
Time Limits for Filing a Claim
You have only so much time to sue. Two years from the accident date is standard in Kansas. You will lose your right to pay if you don’t act. That is why you must act quickly following the accident.
How an Attorney Can Help
Don’t try it yourself. It is maddening. An attorney can:
- Investigate the wreck and obtain evidence.
- Obtain witness statements.
- Handle insurance calls.
- Negotiate settlements.
- Take your case to court if that is required.
The overwhelming majority of lawyers work their cases on contingency fee. You owe them not a dime up front. They only receive compensation if you do.
How to Select the Best Lawyer
Ask for a lawyer with:
- Experience handling pedestrian accident cases.
- Knowledge of Kansas law.
- A fair record of fair settlements.
- Honest, clear communication.
- Good word of mouth or testimonials.
Interview them first, then decide. Ask them questions and see if you feel comfortable with them.
What Happens When a Claim is Filed
Each claim is unique. But most of them go like this:
- Consultation: You meet with them to share your story.
- Investigation: Your attorney collects documents, photos, and witness statements.
- Demand Letter: Your attorney sends the insurer a payment request.
- Negotiation: The insurer might accept less.
- Settlement or Lawsuit: If they refuse to negotiate, your lawyer sues and helps in the legal process.
Most settle without having to go to court. Some need a judge or jury to decide.
Safeguard Your Claim Tips
To boost the chances of reasonable settlement:
- Save bills and doctor’s reports.
- Follow doctor’s orders.
- Don’t put the accident photo on Facebook or Twitter.
- Save the witness contact details.
- Don’t forget to stay in touch with your lawyer regularly.
These steps build stronger evidence.
Other Charges You May Pay
In addition to medical bills, you may pay for:
- Home care fee if you cannot take care of yourself.
- Trauma and stress counseling.
- Doctor visit travel cost.
You may have a claim to cover these so that you will not pay out-of-pocket.
Long-Term Effect of a Pedestrian Accident
Some injuries will not recover. You may have:
- Permanent pain.
- Walking or mobility impairment.
- Memory or concentration problems.
- Emotional trauma like depression or anxiety.
Compensation can pay for long-term care and therapy.
Kansas City Pedestrian Accident Claims FAQs
1. For how long is the pedestrian accident case ongoing?
Depending on it. Some get settled within months. Others after a year if they ever go to trial.
2. I crossed the street illegally. What should I do?
You can still file a claim. But your percentage of fault can reduce your damages.
3. Do I get to file a claim if the driver ran away?
Yes. You can sue under your policy or crime victim fund. A lawyer will inform you of options.
4. How do I pay for an attorney?
Most attorneys don’t charge you anything to get started. They take a percentage of what you receive.
5. What do I bring with me to the first meeting?
Bring medical records, police reports, photos, and receipts. Facts familiarize your attorney with your case.
Endnote
Walking does not necessarily mean losing one’s life. If another person was inattentive and injured you, you ought to be able to receive the help. A knowledgeable Kansas City Pedestrian Accident Lawyer will guide you through the system in a step-by-step process and fight for you to receive from the people who are responsible for the damages and the funds that you need to heal and start your life anew.