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Legal Recourse for Pedestrian Accidents in Crosswalks: What You Need to Know
Walking should be safe. Whether you are grabbing lunch, crossing the street to a park, or just getting some exercise, you have the right to use a crosswalk without fear. Unfortunately, drivers don’t always pay attention. When a vehicle hits a pedestrian, the results are often devastating. If you or a loved one has been hurt in a crosswalk accident in Kansas, you likely have many questions about what to do next.
You need an attorney who can stand up to insurance companies, which will often try to blame the pedestrian to avoid paying out. That is where we come in. At Denning Law Firm, LLC, we understand how stressful and frightening the aftermath of a pedestrian accident can be.
Our father-daughter team, William and Paeten, is dedicated to fighting for your rights. Our family-oriented approach means we treat you like a person, not a case file. We bring a fierce commitment to justice and a refusal to back down from tough fights. We serve clients across the entire metro area, including Kansas City, Missouri, Kansas City, Kansas, and Overland Park, Kansas.
Why Crosswalk Accidents Are Different
When a car hits another car, both drivers are protected by a steel cage. When a car hits a person, the injuries tend to be severe, ranging from broken bones and road rash to traumatic brain injuries and spinal cord damage. Legally, these cases also differ from standard car wrecks.
There is a strong presumption that the pedestrian has the right of way in a crosswalk, but it is not absolute. Drivers often claim the sun was in their eyes, the pedestrian "darted out," or that the crosswalk wasn't clearly marked. Establishing fault requires quick action to gather evidence like traffic camera footage, witness statements, and police reports.
Common Causes of Crosswalk Collisions
Understanding why pedestrian accidents occur is the first step in building a strong case for compensation. At Denning Law Firm, LLC, we often encounter several recurring causes:
Distracted driving: This is a considerable problem. Drivers looking at GPS, changing the radio, or texting often blow right through crosswalks without looking up.
Failure to yield: Some drivers treat stop signs as suggestions. They might roll through a right turn on red without checking for someone stepping off the curb.
Poor visibility and weather: Rain, snow, and fog make it harder to see. However, bad weather does not excuse bad driving. If it is raining, drivers should slow down and be extra vigilant.
Speeding: A driver going 10 mph over the limit has significantly less time to react when they see someone in the road. The impact at higher speeds is also much more likely to be fatal.
Determining Fault in Pedestrian Cases
Just because you were in the crosswalk doesn't automatically mean the driver will be held responsible for the accident. Proving negligence is key. To win a case, you and your attorney must be able to prove four primary criteria:
Duty of care: The driver was responsible for driving safely and watching for pedestrians.
Breach of duty: The driver failed to do so (e.g., speeding, texting, running a red light).
Causation: That specific failure caused the accident.
Damages: You suffered actual harm (medical bills, pain, lost wages).
The driver's defense attorney will likely try to poke holes in these four elements. They might argue you were crossing against the signal or looking at your phone. Our attorneys are well-versed in these tactics and know how to counter them.
Missouri Laws on Pedestrian Rights
Since we operate in both Missouri and Kansas, the laws differ across the state line. In Missouri, particularly for our clients in Kansas City, the laws about right-of-way are strict.
Right-of-Way at Crosswalks
Missouri law generally states that when traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
Comparative Fault
Missouri is a "pure comparative fault" state. It means that even if you were partially to blame for the accident—such as crossing slightly outside the lines—you can still recover damages. Your payout is simply reduced by your percentage of fault. If you are 90% at fault, you can still recover 10% of the damages.
Statute of Limitations
In Missouri, you generally have five years from the date of the accident to file a personal injury lawsuit. While this sounds like a long time, evidence disappears quickly. We always recommend starting the process as soon as possible.
Kansas Laws on Pedestrian Rights
For our neighbors in Kansas City and Overland Park, Kansas, state law also has strict laws regarding pedestrian rights, but the rules differ slightly compared to Missouri.
Right-of-Way at Crosswalks
Kansas statutes dictate that when traffic control signals are not in place, drivers must yield to pedestrians in a crosswalk if the pedestrian is on the half of the roadway the vehicle is traveling on or approaching closely from the opposite half.
However, the law also states that no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard. This second part is often where defense lawyers try to argue the pedestrian was at fault.
Comparative Negligence
Kansas follows a "modified comparative negligence" rule (specifically the 51% bar). This is stricter than Missouri. In Kansas, you can only recover damages if you are less than 50% at fault. If a jury decides you were 50% or more responsible for the accident, you get nothing. This makes it incredibly important to have a strong legal team that can prove the driver holds the majority of the blame.
Statute of Limitations
In Kansas, the timeline for filing a claim is much shorter compared to Missouri. You typically have only two years to file a personal injury lawsuit. If you miss this deadline, you will lose your right to seek compensation for your injuries.
Potential Compensation for a Pedestrian Accident
If you have been injured in a pedestrian accident in Kansas or Missouri, you have a legal right to file a personal injury claim to pursue compensation. The primary types of compensation include:
Medical expenses: Past, present, and future bills related to your injury. This also typically includes physical therapy and surgeries.
Lost wages: Money you lost because you couldn't work while in recovery.
Loss of earning capacity: If your injuries are permanent and prevent you from doing your job.
Pain and suffering: Compensation for the physical pain and emotional distress caused by the injury and related trauma.
Wrongful death: If the unthinkable happens, we help families recover compensation for funeral costs and loss of companionship.
Contact Our Pedestrian Accident Attorneys in Missouri and Kansas Today
If you have been injured in a pedestrian accident, you don't have to handle your case alone. At Denning Law Firm, LLC, William and Paeten Denning have operated as a unified team from the very beginning. When your future hangs in the balance, you can rely on this dedicated father-daughter duo.
If you need representation that refuses to cut corners or take the easy path, contact us to schedule a no-cost consultation. Located in Overland Park, Kansas, we serve clients throughout the Kansas City metro area. Reach out to us today.