When a pedestrian is involved in an accident with a vehicle and suffers injuries in Missouri, it is crucial to determine who is at fault. Proving fault is necessary to hold the responsible party accountable and seek compensation for the damages incurred.
Missouri follows an at-fault system for all types of traffic accidents, including pedestrian accidents. This means the person responsible for causing the accident and injuries is also responsible for covering the resulting damages of any victims. Specifically, the at-fault party’s liability insurance should cover these losses.
Continue with this definitive guide on liability by experienced Missouri pedestrian accident lawyer Paul Beck to learn more.
What Does Fault Look Like?
You might know who hit you and that they should cover your losses. However, your word is not enough in legal terms to prove a claim. An insurance company or court will not simply accept your version of what happened to hold another party liable and provide compensation.
Instead, you are going to have to provide solid evidence demonstrating the other person’s liability. In other words, you must prove it is more likely than not that the party in question was to blame.
While this is the lowest legal standard in our modern legal system, it does not mean proving your case will be simple or straightforward. There are different levels of fault you might have to demonstrate.
Driver Negligence
Negligence on the part of the driver is a common cause of pedestrian accidents. Negligence involves proving four main legal elements:
- The party owed you a duty of care
- They breached their duty
- Their breach caused your accident
- You suffered damages as a result
Drivers all have an automatic duty of care to others when they are behind the wheel, including pedestrians. This duty is to drive safely and prevent harm to others whenever possible. You must show how they breached their duty of care, which might include behaviors such as distracted driving or failing to yield the right of way to pedestrians.
Many driver errors that lead to pedestrian accidents fall under the category of negligence.
Driver Recklessness
While negligence might include mistakes behind the wheel, more serious errors in judgment might be reckless driving. Missouri does not have a reckless driving law, but the state does criminalize “careless and imprudent” driving instead.
This level of carelessness can include speeding or driving in a manner that endangers the lives of others. This can involve behaviors like excessive speeding, driving under the influence of drugs or alcohol, or aggressive driving.
Intentional Conduct
In rare instances, a pedestrian accident may result from the intentional conduct of the driver. For example, a driver engaging in road rage might show deliberate acts of aggression toward pedestrians. Someone targeting a specific person might commit assault with their car against another individual who is walking, which qualifies as both assault and a pedestrian injury.
No matter what type of conduct led to your injuries, you will be expected to illustrate how the driver caused the accident and why they should be legally liable for your losses.
Fault Based on Legal Principles
Sometimes, fault is not based on specific conduct, but on legal principles and relationships. For example, if a driver hit you in a company car while on the job, their employer might share liability for the accident, even if the company was not negligent itself. This is based on a principle of vicarious liability called “respondeat superior.”
In these cases, you can hold an employer liable for the negligent conduct of an employee during work duties based on the employer-employee relationship. This is one example of when a party might be liable without their conduct directly leading to your injuries, and such legal relationships and principles should be explored in every case.
Can Pedestrians Share Fault?
Missouri follows comparative negligence laws, which means that even if a pedestrian shares some fault in an accident, they can usually recover some compensation. You must also challenge any unfair allegations of blame against you and ensure liability is accurately assigned.
Investigating Fault for a Pedestrian Accident
The first step in proving liability is to investigate what happened. Fortunately, law firms representing injured pedestrians have the resources and availability to conduct thorough investigations that can uncover what happened in your collision and who should be liable. A law firm can:
- Gather and review evidence: Collecting evidence, including photographs of the vehicles involved, skid marks, and any other relevant details, can help establish fault. They can also speak with eyewitnesses to the collision to get unbiased reports of what happened.
- Find surveillance video: Surveillance cameras in the area where the accident occurred can provide valuable footage that clarifies what happened and who was at fault. These cameras might be on traffic lights, nearby businesses, parking lots, or even dashcams.
- Expert opinions when needed: In complex cases, such as those involving technical aspects of vehicle dynamics or accident reconstruction, expert opinions may be sought to provide professional analysis and support.
Once you identify the liable parties, you know which insurance companies you will need to work with to pursue claims. In some cases, you might have to file more than one claim.
Evidence to Prove Fault to Insurance Companies
When filing a claim with insurance companies, you must present strong evidence to support the liability of the policyholder. Insurance companies are businesses and will not cover claims without solid proof that they should be on the hook. Some common evidence proving pedestrian accident liability can include the following.
Police reports
Official police reports detailing the circumstances of the accident and any citations issued to the driver can be instrumental in proving fault to insurance companies.
Eyewitness testimony and statements
Eyewitness accounts from individuals who saw the accident can provide valuable testimony to support your claim.
Video footage
Video recordings from traffic cameras, nearby surveillance cameras, or dashcams can offer visual evidence of how the accident unfolded.
What if the Driver Violated the Law?
If the driver who caused the pedestrian accident violated traffic laws or was criminally convicted in relation to the incident, this can be used as evidence to prove fault. Negligence per se is a legal doctrine that holds a person automatically negligent if they violate a safety law or regulation designed to protect the public, and even violations of traffic laws can fall under negligence per se.
A traffic violation, such as running a red light or speeding, can support the argument that the driver was at fault in the accident. A criminal conviction for driving while intoxicated (DWI) or something similar related to the accident can also be important evidence of fault.
What Happens Next Once You Prove Liability for a Pedestrian Accident?
Once you establish liability in a pedestrian accident case, the focus shifts to proving your damages. Again, insurance companies will not take your word on how much compensation you deserve for your losses, and adjusters will expect proof to justify the settlement you demand.
You and your attorney can present medical and income documentation and other evidence to show your past, future, economic, and non-economic losses. Then, your lawyer can negotiate with insurance companies for a fair settlement or pursue litigation if necessary.
Why You Want a Pedestrian Accident Attorney to Prove Liability
Proving who should be liable for your pedestrian accident claim in Missouri can be much more challenging than you expect. Having an experienced attorney can make an important difference in ensuring you are not unfairly blamed, and the right insurance companies provide maximum compensation for your losses. You can focus on medical treatment and physical recovery while a law firm handles proving liability.
Consult Beck & Beck Missouri Car Accident Lawyers About Your Pedestrian Injury Case Today
If you have injuries from a pedestrian accident in Missouri, don’t hesitate to reach out to Beck & Beck Missouri Car Accident Lawyers. Our dedicated team of attorneys is here to oversee the legal process, prove liability in your case, and fight for the compensation you are entitled to under MO law.
Contact us to schedule a free consultation and learn how we can assist you. Let Beck & Beck Missouri Car Accident Lawyers be your trusted legal advocate in your pedestrian accident claim.
Our award-winning legal team has assisted victims of pedestrian accidents across the state of Missouri in cities such as St Louis, Jefferson City, O’Fallon, Florissant, Independence, and more.
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