Pedestrian/Car Collisions

I probably don't need to elaborate here at the introduction to this blog entry that when a pedestrian is hit by cars there is usually major physical injury or death. That goes without saying. However, there are a few legal matters that are particular to these types of cases.

Your own automobile insurance, even if you have a plan with medical payment coverage, will not pay for your damages. If you have medpay coverage on your car, it will only provide payment for medical bills from injuries that happen in your car. Injuries that happen anywhere else, even if they involve another car, are not covered under a medpay plan.

If you move forward with a lawsuit against the driver who hit you, you will have to take a close look at whether you might bear some comparative fault. We are primarily a nation of motorists and any jury that hears your case will do so through the eyes of a driver, not a pedestrian. They will probably give the driver the benefit of the doubt and look closely at whether you should have even been in the roadway to begin with (if the accident happened in the roadway).

That being said, there should still be a detailed investigation into whether the driver of the car was distracted. Cell phone records, witness testimony, even the car's black box (if it has one), can reveal telling information about the driver's attention level. Oftentimes in pedestrian/car collisions, the driver is not paying careful enough attention to the road.

There are other issues particular to pedestrian/car collisions that a Kansas City car accident lawyer from our firm will certainly discuss with you if you find yourself in one of these unfortunate situations. Don't hesitate to contact our firm for more information today.