In Missouri, pedestrians hold the right of way at certain intersections. Drivers who fail to abide by traffic rules may be liable for negligence. The dedicated car accident attorneys at the Law Office of Matt Uhrig can help residents of Columbia and the surrounding area who have been injured at an intersection. You may be able to pursue reimbursement of your medical expenses and compensation for your pain and suffering.Filing a Negligence Claim to Seek Compensation
In any given year, more than 1,000 people are injured on Missouri roads, according to the State Highway Patrol. Many of these accidents were caused by negligent or reckless drivers.
According to section 300.390 of the Missouri Revised Statutes, pedestrians hold the right of way when using a crosswalk at an intersection not controlled by a functioning traffic signal. Drivers who fail to abide by this law and injure a pedestrian as a result may be held accountable for their actions in court.
Generally, a person hurt by the unreasonable conduct of another individual or entity can file a negligence claim against any party that was responsible for the harm. In a typical negligence case, Missouri law requires an accident victim to prove a duty of care, a breach of that duty, and that the breach directly caused an injury and led to actual damages. This type of claim can be an effective avenue of recovery for people who are hurt in all types of situations, from car or truck accidents to nursing home negligence.
Missouri also recognizes another cause of action related to negligence, called negligence per se. This type of claim may be appropriate when the defendant violates a statute in the process of injuring the victim. To prevail in a negligence per se action, the plaintiff must prove:
- The defendant violated a law;
- The victim was the type of person the statute was meant to protect;
- The injury was the type of harm the statute was meant to prevent; and
- The defendant’s violation of the statute was the direct cause of the plaintiff’s injuries and related damages.
Pedestrian statutes are meant to protect individuals from being struck by cars, so these elements may be met, depending on the circumstances. If the defendant violated another statute, however, a simple negligence claim may be a sensible option.
Possible damages that may be available to negligence and negligence per se plaintiffs often include compensation for lost wages, medical expenses, physical pain and suffering, and emotional distress. If the accident resulted in the victim’s death, his or her family can pursue compensation for the loss of their loved one and other forms of harm associated with wrongful death claims.Enlist a Jefferson City Attorney After a Motor Vehicle Collision
If you were seriously injured in a pedestrian accident, you should be able to focus on the physical recovery process without worrying about paying the related expenses. The Law Office of Matt Uhrig can handle your claim from start to finish, including gathering the necessary evidence, negotiating with insurance companies, and taking your case to trial. To schedule a case evaluation with one of our injury lawyers after a Jefferson City crash, visit our contact page or call (877) 657-2050. Our consultations are free, confidential, and impose no obligation on you. We have assisted individuals from Ashland, Columbia, and other cities throughout Missouri