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Pedestrians Injured in Motor Vehicle Accidents: Understanding Your Legal Options
Pedestrian accidents in Kansas City can have devastating consequences, leading to serious injuries or even fatalities. Whether caused by distracted driving, speeding, or failure to yield, these incidents often leave victims facing long recoveries and significant financial burdens.
If you or a loved one has been injured in a pedestrian accident, it is important to understand your legal options. At Kendall Law Group, our team of skilled Kanas City personal injury and wrongful death trial lawyers is here to guide you toward recovery.
Common Causes of Pedestrian Accidents in Kansas City
Pedestrian accidents often occur due to driver negligence. Some of the most frequent causes include:
- Distracted Driving Drivers using their phones, adjusting navigation systems, or engaging in other distractions fail to notice pedestrians.
- Speeding Higher speeds reduce reaction times and increase the severity of injuries in an accident.
- Failure to Yield Drivers who ignore crosswalks or fail to stop at intersections can strike unsuspecting pedestrians.
- Impaired Driving Alcohol and drug use slow reaction times and impair judgment, making collisions more likely.
- Poor Visibility Accidents are more frequent at night or in poor weather conditions, especially if drivers do not use headlights properly.
Frequent Injuries Sustained by Pedestrians in Car Accidents
Pedestrians are more likely to be seriously injured when hit by a car due to the significant force of impact and lack of protection compared to vehicle occupants. Unlike drivers or passengers who have airbags, seat belts and the vehicle’s structure to absorb impact, pedestrians take the full brunt of the collision with their bodies. The severity of injuries depends on factors such as vehicle speed, angle of impact and whether the pedestrian is thrown or crushed. Here are some common injuries sustained by pedestrians in car accidents:
- Head Injuries Traumatic Brain Injury (TBI) is a leading cause of pedestrian fatalities. Concussions, brain contusions and skull fractures are common when the head strikes the car or pavement.
- Spinal Cord Injuries High-impact collisions can result in fractures, herniated discs or complete spinal cord injuries, potentially leading to paralysis.
- Pelvic Fractures Common in adult pedestrians, particularly when hit by the front bumper or hood of a vehicle.
- Internal Injuries and Organ Damage Blunt force trauma can cause:
- Liver, Spleen and kidney laceration
- Internal bleeding
- Pneumothorax (collapsed lung)
- Chest and Rib Fractures The impact can fracture ribs and damage internal organs such as the lungs and heart.
- Facial and Dental Injuries Pedestrians may suffer broken noses, jaw fractures, dental damage or orbital fractures from hitting the windshield or payment.
The severity of pedestrian injuries is often worse in high-speed collisions and fatalities are more likely when vehicles travel above 30-40 mph. Urban areas, intersections and crosswalks are common pedestrian accident sites. Severe injuries may result in high medical bills permanent disabilities, impairments and, unfortunately, sometimes death.
Who Is Liable in a Kansas City Pedestrian Accident?
Liability in pedestrian accidents depends on the details of the crash. Multiple parties may be responsible, including:
- The At-Fault Driver If a driver was distracted, speeding, or impaired, their insurance should cover medical expenses, lost wages, and pain and suffering.
- Rideshare Companies (Uber and Lyft) Rideshare drivers are frequently involved in pedestrian accidents. Liability depends on the driver’s status at the time of the crash:
- Not logged into the app – The driver’s personal auto insurance applies.
- Logged in but waiting for a ride request – Uber and Lyft provide limited coverage (up to $50,000 per person for injuries).
- Transporting a passenger or en route to pick one up – Uber and Lyft’s $1 million liability policy may cover damages.
- Food Delivery Services (DoorDash, Uber Eats, Grubhub, etc.) Delivery drivers often rush to complete orders, increasing the risk of accidents. The company’s insurance coverage depends on whether the driver was actively working at the time of the crash.
- Commercial Vehicle Operators If a pedestrian is struck by a commercial truck, delivery van, or company vehicle, the employer may be held responsible under vicarious liability laws.
- Government Entities (If Road Conditions Contributed to the Accident) If poor road design, missing crosswalks, malfunctioning traffic signals, or inadequate lighting plays a role, a government agency may be responsible. However, filing claims against government entities involves specific legal deadlines and procedures.
- Uninsured/Underinsured Motorist Coverage (UM/UIM) If the driver who caused the accident has no insurance or insufficient coverage, injured pedestrians may recover compensation through their own UM/UIM coverage.
- Uninsured motorist (UM) coverage – Applies when the at-fault driver has no insurance.
- Underinsured motorist (UIM) coverage – Covers situations where the at-fault driver’s insurance is not enough to cover all damages.
Even if the pedestrian does not own a vehicle, they may still be covered under a household member’s insurance policy.
What Compensation Is Available for Injured Pedestrians?
Pedestrians injured in accidents may be entitled to various forms of compensation, including:
- Medical expenses – Hospital bills, surgeries, rehabilitation, and future medical care.
- Lost wages – Compensation for time missed at work and potential loss of future earning capacity.
- Pain and suffering – Physical pain, emotional distress, and loss of quality of life.
- Wrongful death damages – If a pedestrian is killed, surviving family members may seek compensation for funeral costs, loss of financial support, and emotional suffering.
Steps to Take After a Pedestrian Accident in Kansas City
Taking the right steps after an accident can help protect your health and legal rights:
1. Seek Medical Attention Even if you feel fine, some injuries take time to appear. Immediate medical evaluation is essential.
2. Call the Police A police report provides crucial documentation of the accident.
3. Gather Evidence Take photos of the accident scene, the vehicle involved, and any visible injuries.
4. Collect Witness Information If anyone saw the accident, obtain their contact details.
5. Avoid Discussing the Accident with Insurance Companies Insurance adjusters may try to minimize your claim. Speak with a lawyer before providing statements.
6. Consult with a Pedestrian Accident Attorney A legal professional can help determine the best course of action to seek compensation.
Kansas City Pedestrian Injury & Wrongful Death Legal Representation
If you or a loved one has been injured in a pedestrian accident, having strong legal representation can make a difference. Whether the crash involved a negligent driver, a rideshare or delivery vehicle, or an uninsured motorist, multiple avenues for financial recovery may be available.
The legal team at Kendall Law Group is committed to helping injured pedestrians and families who have lost loved ones due to reckless or negligent driving. Every case is thoroughly investigated to ensure that victims receive the compensation they deserve.
If you’ve been injured in a pedestrian accident, don’t wait to seek legal guidance. Call Kendall Law Group at (816) 531-3100 or reach out HERE to discuss your case and explore your options for financial recovery.
Additional Resources
Auto Accident: Kansas City’s Top Medical Facilities for Traumatic Injuries
Auto Insurance Coverage Recommendations from a Catastrophic Injury Attorney
Understanding Kansas City Rideshare Injury Claims
Understanding Your Medical Bills After a Personal Injury
Navigating Medical Payment Coverage (MedPay) in Kansas and Missouri