When thinking of a car crash, people envision multiple cars colliding — but not every crash involves two drivers. Pedestrians are unsuspecting victims of car crashes, with 9,076 pedestrians dying in traffic and non-traffic incidents in 2023 alone. 

As such, our attorneys are diving into the common causes and courtroom considerations for pedestrian accident claims — read on for Roman & Boock’s insights. 

Common Causes 

Every car crash is the result of a seemingly small decision that leads to devastating outcomes. Our St. Louis pedestrian accident lawyers typically lump causes into three categories: 

1. Driver Negligence 

All drivers have a legal and moral duty to remain alert and aware on the road. However, a momentary lapse of judgement can quickly cause a crash they can’t take back. 

Some of the most common types of driver negligence we see include: 

• Distracted Driving. Driving while conducting an activity that takes attention away from the road, such as texting or eating. 
• Impaired Driving. Operating a motor vehicle while fatigued or under the influence of alcohol, drugs or prescriptions.
• Speeding. Driving a vehicle faster than the legally established speed limit 
• Failing to Yield. Failing to honor the right-of-way of vehicles, pedestrians or cyclists. 
• Aggressive Driving. Disregarding safety rules out of frustration, resulting in behaviors such as tailgating, changing lanes erratically or running red lights.
  

2. Pedestrian Negligence 

Though drivers typically bear the brunt of responsibility, pedestrians may also contribute to crashes. The court considers whether a pedestrian exercised reasonable care in their own safety when determining fault and compensation in pedestrian accident claims. 

Pedestrians may engage in the following unsafe behaviors:

• Ignoring pedestrian crossing signals 
• Crossing the street outside marked crosswalks. 
• Walking outside of established sidewalks.
• Darting into traffic unexpectedly
  

3. Infrastructure Issues

Occasionally, the real problem may lie in the environment itself. Unsafe road design and maintenance can increase the risk of pedestrian injuries, making government entities and property owners partially liable.

A St. Louis pedestrian accident lawyer may identify the following infrastructure issues: 

• Missing or faded crosswalks 
• Inadequate lighting
• Missing or improper signage 
• Poorly designed intersections

Courtroom Considerations

When faced with pedestrian accident claims, the courts will carefully examine several factors to determine liability and compensation, including: 

1. Damages 

The court will assess the full scope of your injuries to determine the proper amount of compensation. This can include both economic and non-economic damages, such as: 

• Medical expenses
• Property damage
• Emotional distress
• Pain and suffering 
• Lost wages
• Loss of future earning capacity
  

2. Liable Parties 

The court will consider who is responsible for your accident. While drivers will be considered primarily at fault, liability may extend further to employers, property owners and even government entities. 

Ultimately, a pedestrian accident lawyer may take action against multiple parties to ensure that you or your loved one is able to recover fully. 

3. Comparative Negligence

Many states have comparative negligence laws that dictate how the responsibility will be shared in pedestrian accident claims. Roman & Boock practices in both Missouri and Illinois, meaning your case involves one of two comparative negligence systems: 

• Pure Comparative Negligence. In Missouri, you can recover damages proportional to your percentage of fault, even if you are mostly to blame. 
• Modified Comparative Negligence. In Illinois, you cannot recover damages if you were more than 50% at fault for the crash. 

Contact a Pedestrian Accident Lawyer

If you or a loved one was injured in a pedestrian accident, your first step should always be seeking medical care. Even seemingly minor injuries can have a long-lasting impact, so we advise getting evaluated as soon as possible.

After addressing your health, the next logical step is to contact a St. Louis pedestrian accident lawyer. With over 50 years of trial experience, the attorneys at Roman & Boock are ready and willing to guide you through the legal process.

For more information on pedestrian accident claims, contact our team today.