The Hoffmann Law Firm, L.L.C. Articles Determining Fault in Pedestrian Accidents - St. Louis Injury Attorney

Determining Fault in Pedestrian Accidents - St. Louis Injury Attorney

By Christopher Hoffmann  Jan. 19, 2017 3:59p

Missouri law requires drivers to use highest degree of care in operating their vehicles. In fact, this is a higher duty of care compared to what is required of a person crossing a street. Missouri law requires pedestrians to use ordinary care, which means they need to use care a reasonably prudent person would in similar circumstances. When determining who was at fault in the pedestrian-car accident or who has the right of way, this difference in legal duty is the starting point.

Our St. Louis car wreck lawyer explains that it is not easy to say who is at fault in a pedestrian-auto accident. Each case needs to be evaluated on its own merits, and the liability should be determined based on who failed to uphold their duty to the other. In some cases, both the pedestrian and driver can be at fault. This concept is known as comparative fault.

The driver’s lawyer will often argue that the pedestrian was at fault because they violated traffic signals, walk within crosswalks, darted in traffic, impeded the flow of traffic or jaywalked. On the other hand, the plaintiff’s lawyer would gather as many facts as possible to show that the defendant acted negligently or did not act in a way he/she should have and how it caused or contributed to the occurrence of the crash.

Car accidents involving pedestrians: Who is at fault?

There are many factors that help determine who is at fault in a pedestrian-auto accident. Some of these factors include:

  • Whether or not the pedestrian was following pedestrian signals and using crosswalks
  • Whether the pedestrian or the driver involved in accident was impaired by alcohol or drugs, or was distracted
  • Whether the driver was obeying traffic laws
  • Whether the pedestrian was jaywalking
  • Whether the pedestrian was having a medical episode, or reaction to some prescription medications

Missouri laws on pedestrian responsibilities

Sec 300.390. Pedestrian Shall Yield when

  1. Crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection
  2. Crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway
  3. The foregoing rules in this section have no application under the conditions stated in section 300.395 when pedestrians are prohibited from crossing at certain designated places, which include
    1. between adjacent intersections at which traffic control signals are in operation
    2. a roadway other than in a crosswalk
    3. a roadway intersection diagonally unless authorized by official traffic control devices

Seeking legal help in accidents involving pedestrians

If you have been involved in an accident involving a pedestrian,you are likely struggling with the question of liability. Get in touch with a St. Louis auto injury attorney at The Hoffmann Law Firm, L.L.C. to ensure your legal rights are protected. Give us a call today at (314) 361-4242 for a free case evaluation.

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