Bicycle & Pedestrian Accidents

Your #1 Rated Kansas City Pedestrian Accident Lawyer

Injured in a Pedestrian or Bicycle accident in Kansas City? Time is of the essence. Call Devkota Law Firm Now To Get on the Path to Your Best Recovery

What Are The Main Causes Of Pedestrian Accidents?

Pedestrian accidents are often the result of negligence, with many factors contributing to these tragic incidents. Below are some of the most common causes of pedestrian accidents:

Distracted Driving

Distracted driving contributes to many pedestrian accidents in Kansas City and across the country. Whether drivers are texting, using GPS systems, or adjusting music, these distractions take their eyes off the road, often resulting in serious accidents. 

According to NHTSA, approximately 3,308 lives were lost in 2022 due to distracted driving. Pedestrians are particularly vulnerable as drivers may fail to see them in time when they are preoccupied with their devices.

Speeding

Driving too fast reduces the ability to react swiftly, increasing the likelihood of hitting a pedestrian. Recent studies show that higher speeds significantly increase the severity of injuries in accidents. 

In urban areas like Kansas City, where the number of pedestrians is high,  speeding through crosswalks and residential areas can lead to devastating consequences. A car traveling at 40 mph has a 25% chance of causing a fatality to a pedestrian compared to a much lower rate at 30 mph.

Failure to Yield at Crosswalks

Many pedestrian accidents occur at intersections and marked crosswalks when drivers fail to yield. Despite pedestrians having the right of way in these areas, negligent drivers often rush through red lights, roll through stop signs, or make dangerous turns without checking for crossing pedestrians. These types of accidents are particularly common in busy areas like downtown Kansas City.

Impaired Driving

Driving under the influence has been known to impair judgment, slow reaction times, and makes it more difficult for drivers to focus. Drunk driving is a top cause of fatal pedestrian accidents in Kansas City and nationwide. According to the Centers for Disease Control and Prevention (CDC), nearly half of all traffic crashes resulting in pedestrian deaths involve alcohol, either for the driver or the pedestrian.

Poor Visibility

Accidents tend to happen more often when there is insufficient lighting, such as at night, in fog, or during heavy rain. When visibility is poor, it’s difficult for drivers to see pedestrians, especially those who are not wearing reflective clothing. Kansas City’s layout includes many areas where street lighting is insufficient, adding to the risk of accidents in early mornings or late evenings.

Pedestrian Negligence

Although drivers are often at fault, there are cases where pedestrian negligence contributes to accidents. Examples include jaywalking, crossing streets outside of designated crosswalks, ignoring traffic signals, or walking while distracted by phones or music. Pedestrians also share responsibility for their safety and must follow traffic rules to reduce the chances of accidents.

Common Injuries Pedestrians Suffer From Accidents

Pedestrians have no protection against the force of a vehicle, which can lead to a range of severe injuries. Below are some of the most common types of injuries that pedestrians experience after being struck by a car:

Head Injuries

Head injuries are some of the most serious types of injuries pedestrians can suffer in an accident. These include the following:

• Traumatic brain injuries (TBIs)
• Skull fractures
• Intracranial hematoma (ICH)
• Concussions
• Brain contusion
• Diffuse axonal injury (DAI)

Even a minor head injury can result in long-term cognitive impairments, such as memory loss, difficulty concentrating, or changes in personality. Severe TBIs may lead to permanent disability or death.

Spinal Cord Injuries

A pedestrian hit by a car may suffer severe spinal cord injuries, especially if the impact occurs at high speed. These injuries often result in partial or complete paralysis, where victims may be left using a wheelchair or unable to move certain parts of their body. Spinal cord injuries demand lifelong medical care, physical therapy, and extensive rehabilitation.

Fractures and Broken Bones

The impact of a car striking a pedestrian frequently results in broken bones, particularly in the legs, arms, and pelvis. The severity of fractures may vary, but many require months of rehabilitation and medication. Complex fractures such as those involving multiple breaks are known to cause long-term mobility issues and chronic pain.

Internal Injuries

Pedestrian accidents often result in internal injuries, including organ damage and internal bleeding. Most internal injuries are not discovered immediately after the accident, yet they are usually life-threatening if left untreated. Damage to internal organs may require emergency surgery, extended hospital stays, and long-term care.

Lacerations and Abrasions

While not as severe as some other injuries, lacerations, and abrasions can still cause significant pain and discomfort. Deep cuts sustained by pedestrians require stitches or surgical intervention, while road rash—a common injury when a pedestrian is thrown to the ground—can lead to infections if not properly treated.

Psychological Trauma

In addition to physical injuries, many pedestrian accident victims experience emotional and psychological trauma. Psychological issues are common after experiencing a traumatic accident. They greatly add to the overall impact of the accident in that they require counseling or therapy to overcome.

Compensation Available For Pedestrian Accident Injuries

If a pedestrian gets hurt in an accident because of a careless driver, they might be eligible for various types of compensation. The settlement amount majorly depends on how the accident affects the victim’s life.

Medical Expenses

Pedestrians who are injured in accidents may seek compensation for all medical-related expenses, including:

• Emergency room visits
• Surgeries
• Hospital stays
• Physical therapy
• Medications

Ongoing care

For catastrophic injuries, such as brain injuries, victims may need lifelong medical attention. The compensation awarded should cover both current and future medical costs related to the accident.

Lost Wages and Loss of Earning Capacity

Injuries sustained in pedestrian accidents often force victims to take time off work to recover. In cases where the injuries are serious, victims might not be able to go back to work or could end up in a lower-paying job. Compensation can include both lost wages during the recovery period and loss of future earning capacity.

Pain and Suffering

In addition to economic damages, victims can receive restitution for pain and suffering. This covers compensation for physical pain, emotional distress, and the hit your quality of life took because of the accident.

Disability and Disfigurement

For victims who suffer permanent disabilities or disfigurement, additional compensation may be awarded. This type of compensation is intended to address the lifelong impact that the injury will have on the victim’s life, including reduced mobility, inability to work, or permanent scarring.

Loss of Enjoyment of Life

When pedestrian injuries are severe enough to prevent the victim from enjoying sports, hobbies, or spending time with family, they may be compensated for this loss. The impact on their ability to lead a fulfilling life can be a significant part of a personal injury claim.

Legal Considerations For Pedestrian-And-Car Accidents

There are many legal issues involved in pedestrian accident cases in Kansas City. Your lawyer can help you handle them effectively and secure a favorable outcome. Here are some of the key legal factors to consider:

Determining Fault

In pedestrian accident cases, determining liability is the bedrock for seeking damages. Kansas uses a “modified comparative negligence” system, which means the driver and pedestrian may share responsibility for the accident. However, compensation is adjusted according to one’s level of fault, so long as one is not 51% or more at fault.

In Missouri, if a pedestrian is found to be partially at fault, even if they are 99% responsible, they may still obtain compensation according to their level of fault. This is legally known as the “pure comparative negligence” rule.

Insurance Claims

Missouri law requires drivers to carry minimum liability insurance, but this may not always be enough to cover the full extent of the pedestrian’s injuries. Victims may need to file claims with their own insurance or pursue a lawsuit if the driver is underinsured or uninsured.

Hit-and-Run Cases

In some pedestrian accidents, the driver may flee the scene, leaving the victim with little information about who caused the accident. In these cases, victims may need to rely on their own uninsured motorist coverage or work with an attorney to track down the responsible party.

Statute of Limitations

There’s a time limit for filing a personal injury claim after a pedestrian accident. In Missouri, you have five years from the accident date to file. However, it’s important to act quickly to gather evidence and build a strong case.

How Long Do I Have To File A Pedestrian Accident Claim?

In Missouri, you’ve got five years following the accident to launch a personal injury claim. However, it is highly recommended to take action as soon as possible for several reasons:

• Preserving evidence: Over time, critical evidence such as surveillance footage or witness testimony may disappear or degrade.

• Filing a strong claim: Building a solid case requires time, especially when dealing with complex pedestrian accident claims.
• Medical documentation: The longer you wait to file a claim, the tougher it can be to connect your injuries directly with the accident, especially if you have ongoing or chronic health issues.

Teaming up with a personal injury attorney can help you meet legal deadlines and build a winning case for fair compensation.

How Much Is My Pedestrian Accident Case Worth?

Determining the exact amount for your pedestrian accident claim is not easy, as it is influenced by several factors. Each case is unique, and several key elements go into the final settlement.

First, the severity of injuries plays a central role in the worth of your claim. If the injuries are serious, such as traumatic brain injuries, the compensation will typically be higher due to the extensive medical care, long-term treatment, and rehabilitation required. Minor injuries may not attract as much compensation, but catastrophic injuries require lifelong care and adjustments, which lead to a substantial claim.

Additionally, the extent to which the driver or pedestrian is at fault can impact the case’s value, especially in comparative negligence states like Missouri. For example, if a pedestrian was crossing without using a designated crosswalk, the compensation will reduce based on their level of fault. A lawyer will be keen to ensure the driver’s responsibility is accurately reflected, and your compensation isn’t unfairly diminished.

Note that each case is unique, but a Kansas City pedestrian accident lawyer can assess these variables to provide a more accurate estimate of potential compensation in your case. They will be actively involved in settlement negotiations or court judgments because these processes are key in determining the final outcome.

What to Do After a Pedestrian Accident in Kansas City

If you’ve been involved in a pedestrian accident, you should focus on safeguarding your legal rights and health. Here is what to do after a Kansas City pedestrian accident: 

Seek Medical Attention

After a pedestrian accident, even if no physical injuries can be observed, you should get medical attention. Injuries to internal organs are dangerous, yet they are usually not observable immediately after an accident. A physician will do a thorough medical evaluation to unearth the accident injuries, which is also key evidence to support your claim.

Gather Evidence

If you can, capture some photos of the accident scene, your injuries, and any visible damage to the vehicle. Get the contact information of those who witnessed, and make sure to file a police report. A police report is key evidence when filing for a compensation claim.

Contact an Attorney

Pedestrian accident claims can be tricky, especially when figuring out who’s at fault and dealing with insurance companies. A personal injury lawyer in Kansas City will go through the legal process on your behalf and make sure you get rightful compensation.

How a Kansas City Personal Injury Lawyer Can Help

If you are considering filing a personal injury claim in Kansas City, you need to have a lawyer by your side. Since you are probably dealing with medical appointments and other related issues, a lawyer will represent you in all legal processes. They can assist with:

• Investigating the accident: Lawyers collect and put together the facts of the case, interview witnesses, and reconstruct the accident scene to build a winning case.

• Negotiating with insurance companies: Insurers often try to minimize settlements. A lawyer will engage in negotiations on your behalf to pursue adequate compensation.

• Filing a lawsuit: If you can’t settle on a reasonable settlement, your lawyer can file your personal injury case with the court to seek fair recovery.
• Calculating damages: Lawyers help calculate all your losses you suffered in the accident. This helps ensure that all damages are accounted for.

Getting a personal injury lawyer in Kansas City boosts your chances of getting the compensation you need to move on after a pedestrian accident.

This is an important life decision. Hire the best legal team you can.

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A Kansas City personal injury lawyer can encompass a wide variety of cases and Devkota Law Firm is well equipped to handle every one. From vehicular accidents to slip and fall injuries to dog attacks, our lawyers can handle them all. We will fight for your right to receive the full and fair compensation to which you are entitled.

We will take on the insurance companies as well as the negligent parties and we are not afraid to take your bicycle injury case to trial if necessary. Devkota Law Firm will pull out all the stops to make sure that our clients receive the financial recompense they deserve.

YOU’VE GOT ONE SHOT TO GET IT RIGHT

What can go wrong?

• Lose your case.
• Receive a small settlement.
• Long delays.
• Poor communication.

Watch Out For These Red Flags

• Constant Expensive TV & Billboard Ads
• Limited or No Jury Trial Experience
• Firm settles most cases and does not file lawsuits.
• No personal customer service liaison.

Understanding Kansas City Pedestrian & Bicycle Accident Law

Know Your Rights So You Can Hire The Best Kansas City Pedestrian & Bicycle Accident Lawyer For Your Case

Are you searching for a “bicycle injury attorney near me” in Kansas City?

Thousands of pedestrians and bicyclists are hit by negligent motor vehicles on our roads every year. Since 1999, Tarak Alexander Devkota and the Devkota Law Firm have reviewed and analyzed many pedestrian and bicyclist accidents in Missouri and Kansas. With over 21 years of experience Tarak Alexander Devkota has recovered millions of dollars for his clients with a hard-lined jury trial-focused approach. A Kansas City pedestrian accident lawyer with no trial experience is offered less money for a case due to the fact that insurance companies research this fact when making settlement offers to you. Pedestrian and bicycle collisions are serious, hire a serious personal injury lawyer.

When a motor vehicle collides with a pedestrian or bicycle it usually results in serious injury or death due to the significant weight difference between colliding parties. The human body without any protection is no match for a vehicular collision with a car or truck. Many of these accidents occur when negligent drivers fail to observe crosswalks, road conditions, street signs, or simply fail to keep a proper lookout as mandated by the rules of the road. Select a bicycle accident attorney in Kansas City who has experience in this complex type of personal injury case.

-What happens if you hire the wrong law firm or inexperienced attorney for a pedestrian or bicycle case of accident?

-What traps or defenses do insurance company claims adjusters and their team of attorneys prepare to defeat your claim?

“Success comes from relentless dedication and hard work. We fight for justice, ensuring every detail counts.”

Tarak Devkota

Common traps or defenses the insurance company will surely utilize against you!

1. The most common defense used by insurance companies and their lawyers is the “Dart Out Defense”. They may claim you jumped out in front of their car or truck leaving the driver of the vehicle no option to avoid or mitigate the collision. Basically, they will say it was your fault!
2. They will claim you were crossing the street in an area other than a designated crosswalk or walking outside the lines of a crosswalk.
3. They will claim you failed to observe a traffic signal or other rules of the road mandated for vehicles.
4. They will claim you were inattentive and could have avoided the accident asserting comparative negligence.
5. They may accuse the pedestrian or bicyclist of drinking or being under the influence of drugs.
6. They may try to claim that the pedestrian or cyclist should not have even been on the roadway because biking or walking in the area of the accident was prohibited.

If you select the right Kansas City personal injury law firm when a car or truck hits you while walking or riding a bicycle you may receive compensation from the automobile policy of the negligent driver’s vehicle. Additionally, insurance policies exist that may also extend coverage for this type of accident. Therefore, it is imperative you hire a Kansas City pedestrian law firm who has multifaceted experience with pedestrian and bicycle accidents.

Most common injuries the Devkota Law Firm has handled when clients are in pedestrian and bicycle accidents in Kansas City include, but not limited to:

• Head injuries and concussions are the most common. The fact that head injuries are one of the most common injuries won’t surprise many who enjoy walking or riding a bicycle and have been hit by an automobile.  Catastrophic injuries to the brain and spinal cord such as mild traumatic brain injury, concussion, and paralysis are considered permanent injuries.
• Fractured bones
• Dislocated joints
• Muscular strains
• Eye trauma
• Dental fractures
• Facial contusions, soft tissue injuries and fractures
• Road rash
• Abdominal injuries and pelvic injuries
• Neck injuries
• Internal organ injuries due to abdominal trauma
• Damage to bones joints ligaments
• Bruising and general body pain

Client Reviews

What our clients are saying about us

Scott P.

3 months ago

I had a great experience with Tarak and Robert as my injury lawyers. Their knowledge of the law and commitment to my case were exceptional. Thanks to their efforts and the other paralegals, I received a good compensation for my injuries. If you’re looking for a dedicated injury lawyer in Kansas City, I highly recommend this law firm.

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