The rules for drivers and people on foot

Two sets of rules apply. First, every driver must use the highest degree of care. Drivers must not go so fast that they put “the life or limb of any person” in danger (RSMo § 304.012). That duty protects people on foot as much as other drivers.

Second, the crosswalk rules are in Missouri’s model traffic code (RSMo chapter 300). Cities may adopt it (RSMo § 300.600), and many local codes use the same rules. Which code applies depends on where you were hit, which is one reason we ask about the location first.

When the pedestrian is blamed

The other side almost always tries to blame the person on foot. They may say you crossed mid-block, wore dark clothes at night, looked at your phone or stepped out between parked cars. Some of those facts can support a share of fault. None of them ends your claim on its own.

Say you crossed outside a crosswalk and had to yield to cars. Drivers who could have seen you and avoided you still owed you the highest degree of care. Under Missouri’s shared-fault rule, the jury weighs what both of you did. Your damages go down only by your share. The real question is rarely just who had the right of way. It is what each person could have seen and done. See Missouri comparative fault.

Parking lots, driveways and hit-and-runs

Not every pedestrian crash happens at a crosswalk. Drivers back out of parking spaces, turn into driveways across sidewalks and roll forward on a right turn at a red light. Each can hit someone who had every right to be there. If you were hit on private property, the owner’s layout and lighting may also matter. The premises liability page explains what property owners owe you.

If the driver drove off and is never found, you can claim on your own auto policy or a household member’s. Missouri requires uninsured motorist coverage in auto policies. It covers drivers who leave before they can be identified (RSMo § 379.203). If you do not own a car, you may be covered under a relative’s policy in your household. The policy wording decides. See uninsured motorist claims.

Injuries and the proof they need

A person on foot has no protection from a car. Pedestrians often suffer broken legs and pelvis bones, spine injuries and head injuries from hitting the car and then the pavement. Recovery can mean surgery, months of therapy and lasting limits. Your claim must show future medical needs and lost earning power with medical proof. See also brain injury and back and neck injury.

How the firm handles a pedestrian case

Harjot Singh Padda, JD starts with the scene. That means the crosswalk markings, signal timing, lighting and sight lines at the hour of the crash, plus any camera that faced the street. Bus and business cameras are common in St. Louis, and they record over old video quickly. So requests to save it go out early. The firm then gathers the police report, witness accounts, the driver’s insurance and your medical records.

Pedestrian cases are handled on a contingency fee under a written agreement that spells out the percentage and how costs are handled. The general deadline to file is five years (RSMo § 516.120).

Common questions

Related reading

• Personal injury overview
• Bicycle accident claims
• St. Louis City cases
• What to bring to your consultation