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Missouri Pedestrian Accident Claims

by Christopher Hoffmann on Jul. 28, 2015

Accident & Injury Accident & Injury  Personal Injury Accident & Injury  Car Accident 

Summary: Due to increasing distractions pedestrian accidents are unfortunately becoming more common in Missouri.

Imagine you are enjoying your morning walk on nice breezy morning when suddenly, a car comes from behind and hits you! It is important to be aware of your legal options if you have been injured in any sort of automobile accident.

In most accident cases that involve a motor vehicle and pedestrian, it is assumed that the car driver is at fault, however, this might not be true in all the cases. It is the responsibility of the drivers to yield to pedestrians at crosswalks and in other traffic situations as decided by the State law. Drivers also have the responsibility to obey all traffic rules, signals, and posted speed limits. If a pedestrian gets hit while the motorist is violating a traffic law, they will generally be held liable. However, in some cases the issue of liability can become a little complicated.

Was the pedestrian injured?

If a pedestrian gets injured in a car accident caused by a driver, he/she will probably be able to recover the damages from the driver. The pedestrian will be able to pursue a claim against the driver’s insurance. This is called a third party claim. It is the first step towards getting compensation for all the losses you have incurred as a result of the accident including the medical expenses, wage loss, and other damages such as pain and suffering.

Most injury claims end up in a settlement, which is usually preceded by a long round of negotiations. If the negotiations does not seem to work, and the insurance carrier fails to make an offer that is satisfactory, the pedestrian may have to take the case to trial in a civil court. The pedestrian will file a personal injury lawsuit against the driver responsible for the accident.

Is it a case of hit and run?

If the driver responsible for the accident stops at the scene of accident and shares his contact details and insurance information, then the pedestrian may be able to pursue a claim against the insurance company of the driver or file a personal injury lawsuit against the driver at fault.

However, if the driver does not stop, it becomes a case of hit and run, and the legal options become narrower. In case of a hit and run accident, the pedestrian must immediately report the accident to the police so that they can carry out an investigation. Get contact details of the witnesses and note down their account of the accident. Unfortunately you may have to pay all your medical bills under your own health coverage, but if the police are able to track down the driver at fault, you may be able to recover your damages.

Whatever be the case, your best option is to get in touch with an experienced St. Louis auto injury attorney and as soon as possible to discuss your legal options.

Call (314) 361-4242 24/7 to speak with an experienced car accident lawyer at The Hoffmann Law Firm, L.L.C. free of charge.

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