If you have been hurt by a negligent driver, a pedestrian accident lawyer can help you pursue the full compensation you need to cover medical expenses, lost wages, and other losses.
Don’t try to handle a pedestrian accident claim on your own. Let Mann, Wyatt & Tanksley Injury Attorneys help. With more than half a century of collective legal experience, our pedestrian accident lawyers have successfully fought for the rights of crash victims throughout Kansas, Missouri, Oklahoma, and Colorado. Our firm also purposely limits the number of cases we handle. So we can provide you the personalized attention and full effort you and your case deserve.
Contact us today for a free case review with an experienced pedestrian accident attorney. There is no charge to start work on your claim. In fact, you only pay us if we recover money for you.
Tips for Protecting Your Rights after a Pedestrian Accident
Following these tips can help you protect your rights and your legal options after a pedestrian accident:
- Report the accident. Call 911 or the local police department. A police officer will arrive at the scene to prepare an accident report. Request a copy of this report as it can serve as a critical piece of evidence in your legal claim.
- Get names and contact information. Get the name, contact information, vehicle registration and license information, and insurance information from the driver who hit you (along with any other motorists who may have been involved in your accident). Also get the names and contact information for any eyewitnesses to your accident.
- Take photos of the accident scene. You may also ask someone to do this for you. Be sure to include damage to the vehicle that hit you, any skid marks on the road, the traffic controls at the scene (including crosswalks), and the traffic, road, weather, and lighting conditions at the time. Also photograph any visible injuries you have suffered.
- Get physically checked out at the emergency room, an urgent care clinic, or by your primary care physician. Promptly identifying your injuries will ensure you get on the road to recovery as quickly as possible. It will also ensure your injuries are properly documented for your personal injury claim.
- Contact a pedestrian accident attorney from our firm as soon as possible. We can meet with you for a free, no-obligation case evaluation to go over all your legal options.
How a Pedestrian Accident Attorney Can Help You
Many victims of pedestrian accidents face immense pressure from insurance companies to settle quickly and move on. Some victims get the runaround from insurance adjusters, adding more stress to their lives during an already difficult time. Our pedestrian accident attorneys work to protect you and take the pressure off. We handle all the details of your claim, including:
- Recovering all available evidence in your case, such as the police accident report, accident scene photos or nearby surveillance camera footage, and eyewitness statements, to determine how your accident occurred and who is at fault
- Working with accident reconstruction, medical, vocational, and financial experts to build a persuasive case on your behalf
- Managing all communication with insurance companies and the at-fault driver so you can focus on your recovery, not your claim
- Thoroughly documenting all the current and future losses related to your crash so we can claim maximum compensation for you
- Filing your claim with all insurance companies that may provide coverage for your damages and vigorously pursuing a fair and full settlement on your behalf
- Preparing your pedestrian accident lawsuit for trial, if necessary, and advocating for you in court
At Mann, Wyatt & Tanksley Injury Attorneys, we recognize that being seriously injured in a pedestrian accident can place an outsized financial and emotional burden on you. That’s why we offer free consultations to all clients and can make arrangements to meet with you in the hospital or at your home, including after hours or on weekends. When you choose us to represent you in your pedestrian accident case, you owe us no fees unless and until we obtain a settlement or judgment that provides you with compensation.
Pursuing Fair Compensation for Pedestrian Accident Victims
When you’ve been injured in a pedestrian accident, you may be suffering serious physical harm along with significant financial losses. When someone else’s negligence or recklessness caused your accident, you may be entitled to pursue fair and full compensation for all your damages, including:
- Medical expenses
- Lost wages or income
- Lost earning capacity
- Pain and suffering
- Loss of enjoyment or quality of life
Understanding Your Own Insurance Coverage
Most states require drivers to carry liability insurance coverage. Unfortunately, these laws only obligate drivers to carry a minimal amount of insurance coverage, usually ranging between $10,000 and $25,000 per injured person, with those limits doubled for a per-accident coverage limit.
Pedestrian accidents can leave injured victims with significant financial damages. An at-fault motorist who carries only the minimum coverage required by law can quickly exhaust his or her coverage when compensating an injured pedestrian. The at-fault driver may not have personal financial resources to make up the difference.
In these cases, a pedestrian accident victim may have other avenues of insurance coverage. If you have your own car insurance policy, our attorneys can review that to identify your options. For example:
- Depending on what state you live in, you may have personal injury protection (PIP) or medical payment (MedPay) coverage as part of your auto insurance. This can help cover expenses such as medical bills or lost wages (in the case of PIP coverage).
- You may also have uninsured/underinsured motorist coverage under your own auto insurance policy. This coverage can kick in when the motorist who hit you cannot cover all your damages, or in the case of a hit-and-run, where the driver cannot be found.
Time Limits for Filing a Pedestrian Accident Claim
State law places a time limit on filing a lawsuit to pursue compensation in a pedestrian accident claim. This time limit is called the statute of limitations. Each state has its own statute of limitations, including:
- Kansas: Two years from the date of the accident
- Missouri: Five years from the date of the accident
- Oklahoma: Two years from the date of the accident
- Colorado: Three years from the date of the accident
In limited circumstances, the running of the statute of limitations may be paused (known as “tolling”), such as when a pedestrian is injured by a hit-and-run driver who cannot be immediately identified.
If you fail to file your lawsuit by the time the statute of limitations on your claim expires, the court can permanently dismiss your case. This is why you should speak to a pedestrian accident attorney as soon as possible.
Common Injuries in Pedestrian Accidents
A motor vehicle can impart significant forces on a pedestrian’s body. Even a low-speed impact can cause an unprotected pedestrian to suffer serious or life-threatening injuries. Some common injuries from pedestrian accidents include:
- Severe lacerations, which can lead to dangerous blood loss
- Broken bones
- Road rash, or the skin abrasions and lacerations caused by impact with and/or sliding across the pavement or ground
- Dislocated joints
- Sprains and tears of tendons, ligaments, and muscles
- Neck and back injuries, including herniated or ruptured discs
- Spinal cord injuries and paralysis
- Internal organ perforations and internal bleeding
- Eye and ear injuries
- Traumatic brain injuries
Common Causes of Pedestrian Accidents
Some frequent causes of pedestrian accidents include:
- Drowsy or fatigued driving
- Driving after or while consuming alcohol or drugs
- Distracted driving, including texting and driving
- Failure to yield at intersections and crosswalks
- Unsafe turns, including failing to yield and failing to signal
- Unsafe backing up, including failing to check mirrors, or relying on backup cameras without turning one’s head to look for pedestrians
- Drivers with little or no experience, who may not know what to do when approaching crosswalks or intersections or how to carefully avoid pedestrians