Responsibility in Cases of Foot Injuries: Expert Opinions from a Kansas City Personal Injury Attorney
Navigating the aftermath of a pedestrian accident can be a daunting task. Here's a guide to help you understand your rights, gather essential information, and seek the necessary help.
First and foremost, if you or someone else is involved in a pedestrian accident, call 911 for immediate medical and police assistance. Seek medical attention, even if you feel okay, as injuries can appear later.
In Kansas City, pedestrian accidents are particularly common in high-traffic areas such as Downtown, The Plaza, Westport, school zones, and areas near bus stops. Some of these zones may even be under camera surveillance, but footage is often erased within days or weeks, so it's crucial to act quickly.
Missouri uses a rule called pure comparative fault, which means blame can be split. This means that even if you were partly at fault for the accident, you can still win money, but the court may reduce your payout accordingly. For instance, if you were 20% at fault, your payout would be reduced by 20%.
If the accident occurred on a city-owned road, public bus, or involved a sidewalk issue, you may have only 90 days to file a notice with the city or state. It's essential to contact a lawyer as soon as possible to ensure you don't miss this deadline.
A Kansas City lawyer can help you understand your rights, navigate the legal process, and build your case. They can gather crash reports and camera footage, interview witnesses, hire experts to review the scene, handle all the paperwork, deal with the insurance company for you, push for full money for your pain and costs, and go to court if needed.
The driver is often at fault, but pedestrians can also share fault for crossing outside a crosswalk or running into traffic. In some cases, the city or landowner may share fault if the street is unsafe due to factors like broken sidewalks, missing signals, or bad street lighting.
If the driver drove off after the accident, a lawyer can help you file a claim through your own insurance or find the driver. If your child was hit, a parent or guardian can sue on their behalf. Kids also get more time to sue - the five-year clock doesn't start until they turn 18.
You may be able to file claims with the driver's car insurance, your own health insurance, your auto policy (if it includes uninsured coverage), or a workers' comp claim (if the accident happened while working). A third party, such as another car, biker, or person, could also be responsible for the crash.
Most personal injury lawyers in Kansas City work on contingency, which means they don't get paid unless you win. They also usually don't charge anything upfront. Don't sign anything from the driver's insurance company yet, as they may offer less than what you need. A lawyer can help you get the full amount.
The length of a pedestrian injury case depends on the specifics of the case, with some settling in weeks and others taking months or over a year if they go to court. In a pedestrian injury claim, you may be able to get money for past and future medical care, time lost from work, pain and suffering, long-term effects or disability, mental health issues caused by the crash, lost ability to enjoy life or do hobbies, and more.
Remember, do not admit fault, let the police and lawyers determine who is at fault. If you've been involved in a pedestrian accident in Kansas City, contact a local personal injury lawyer for help with your rights and next steps.
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