Cape Girardeau Pedestrian Accidents
Have you or a loved one been injured while crossing a street or walking across a parking lot? Unfortunately, pedestrian accidents are commonplace due to the number of vehicles on the road these days. Accidents involving pedestrians usually result in serious injury or death, as people do not typically fare well against a vehicle weighing thousands of pounds, especially if the vehicle is traveling at a high speed. Even at low speeds, pedestrians may suffer devastating injuries such as spine or head injuries or broken bones that require prolonged hospitalization, multiple surgeries, and extensive rehabilitation. If you are a pedestrian who has been hit by a car, call our Cape Girardeau pedestrian accident attorneys today for assistance in getting the compensation required to make you whole again. Nahon, Saharovich & Trotz has a skilled legal team of more than 30 attorneys and 120 support staff members to assist you when you call.Proving Fault for a Pedestrian Accident
Pedestrian accidents occur at an alarming rate in Missouri. Since the beginning of 2015, there have been more than 3,200 pedestrian accidents across the state. Three pedestrians died following pedestrian accidents in Cape Girardeau alone from 2013 to 2015. Cape Girardeau, like many cities, has ordinances that set forth a pedestrian’s rights and duties. Generally, pedestrians are expected to utilize sidewalks and crosswalks and yield to motor vehicles whenever possible. This means that, contrary to popular belief, pedestrians do not always have the right of way and can be deemed at fault in an accident with a moving vehicle.
The at-fault party in a pedestrian accident will vary from case to case, depending on where and how the collision occurred. If it occurred in a crosswalk, it is more likely to be the driver’s fault. If it occurred on an open roadway, the driver will likely argue the pedestrian was at fault. In many cases, the motorist and the pedestrian may have both acted negligently and contributed to the crash.
States such as Missouri which recognize the pure comparative fault rule of accident liability allow parties to recover damages even if they bear fault for the accident, but the amount of damages is limited by the party's actual degree of fault. A pedestrian accident lawyer in Cape Girardeau can explain how this concept works. For example, if a pedestrian steps off a curb in front of a speeding driver, the pedestrian and motorist could both be to blame for the accident. The pedestrian failed to yield the right of way, but the motorist was driving over the speed limit. Suppose the pedestrian is deemed 20% at fault and the motorist is 80% at fault. In that situation, the pedestrian will still be able to recover from the motorist, but his recovery will be reduced by 20%.
On occasion, a local municipality may share some of the blame for the accident. If a pedestrian is unable to use a sidewalk because it is in disrepair or a crosswalk light malfunctions and the pedestrian is injured by a motorist, then the pedestrian may be able to seek damages from the city. An experienced attorney can review the details of your case and determine which party or parties you can pursue for your injuries and losses.Discuss Your Case with a Pedestrian Accident Attorney in Cape Girardeau
If you are an injured pedestrian, call our office today to discuss potential claims against any and all potentially liable parties. Even if the accident may have been partially your fault, you may still be able to seek compensation for your injuries under Missouri’s pure comparative fault system with the help of one of our motor vehicle wreck lawyers. The attorneys at Nahon, Saharovich & Trotz have recovered more than $1 billion in compensation for accident victims in Cape Girardeau, Caruthersville, Hayti, Sikeston, Poplar Bluff, Memphis, Nashville, Knoxville, Jackson, Jonesboro, Little Rock, Oxford, Tupelo, Paducah, and other cities across the South. Contact us toll-free at 800-529-4004 for a free consultation today or complete our online form for more information about our Cape Girardeau pedestrian accident lawyers.