Were You Hit as a Pedestrian?
At Wallentine Injury Law, we treat every accident and subsequent injuries as important; however, few incidents compare to pedestrian accidents in severity. Unlike in a car accident, where at least some protection stands between the person and the impact, pedestrian accidents usually involve little to no protection.
This vulnerability often leads to devastating outcomes. According to the CDC, over 8,000 pedestrians in the U.S. were killed in crashes involving motor vehicles in 2022. The issue is especially concerning locally. In Kansas City alone, 15% of fatal and serious crashes involve pedestrians or bicyclists.
With pedestrian accidents trending upward in recent years, having representation you can trust matters more than ever. Our Kansas City pedestrian accident attorneys serving the greater KC metro are here to help you take the first step toward recovery through legal action. A pedestrian accident can alter your life forever, and we are here to support you in securing the compensation you or your family deserves. Reach out to our team today to schedule your free consultation.
The Daunting Numbers Behind KC Pedestrian Accidents
While pedestrian accidents are a serious concern nationwide, they are particularly troubling in the greater Kansas City metro, especially on the downtown Missouri side. Public officials have recognized this ongoing issue, along with broader motor-vehicle safety concerns, and are working to reduce accident rates through the city’s Vision Zero Action Plan.
Vision Zero is a global traffic safety initiative that can be implemented at the local level, including in Kansas City. Under KC’s plan, the city aims to eliminate all traffic-related fatalities and serious injuries by 2030. To support this goal, planners conducted extensive research to identify high-risk areas and evaluate the city’s overall traffic safety conditions.
The following statistics reported through Vision Zero highlight the scope of pedestrian safety concerns in Kansas City:
- 250 pedestrian safety issues were reported on KC roads by civilians in 2022
- Since 2010, pedestrian KSI (killed or seriously injured) crashes have increased by 37%
- 13.6% of KSI crashes in KC involved pedestrians
- The 15–24 age group has the highest overall injury rate among cyclists and pedestrians
- An estimated 30% of pedestrian and bicycle accidents go unreported to police
- Wide, multi-lane roads contribute to increased speeding and higher rates of pedestrian accidents due to the dangers they pose when crossing
These figures represent only part of the broader pedestrian safety challenges facing the city. Although public officials are taking steps to improve roadway safety and reduce serious injuries and fatalities, meaningful change takes time. For those who frequently travel on foot, it is important to know which Kansas City pedestrian accident attorneys you can rely on if an accident occurs.
Common Causes of Pedestrian Accidents
When people think about pedestrian accidents, they often focus solely on vehicle-related collisions. While accidents involving motor vehicles are by far the most common, pedestrian accidents can occur in several other ways as well. Below are the most common causes of pedestrian accidents we see throughout the greater Kansas City metro.
Vehicle-Related Pedestrian Accidents
As noted, vehicle-related pedestrian accidents are the most common type of pedestrian accident. These incidents occur when a motor vehicle strikes a pedestrian on or near a roadway. A variety of factors can contribute to these accidents, including:
- Distracted driving
- Driving under the influence
- Speeding
- Making right-hand turns without checking for pedestrians
- Aggressive driving
- Failure to yield the right of way to pedestrians
E-Scooter Pedestrian Accidents
E-scooter and e-bike pedestrian accidents have become an increasing concern in recent years. With limited and often inconsistent rules governing their use, some riders engage in unsafe behaviors such as speeding, riding without helmets, operating in restricted areas, and disregarding traffic laws.
The growing presence of e-scooters and e-bikes, combined with these reckless riding habits, has led to a rise in pedestrian accidents throughout the Kansas City metro. Pedestrians using sidewalks, trails, and shared pathways are frequently placed at risk during what should be routine activities. Until clearer regulations are adopted and more consistently enforced, e-scooter and e-bike pedestrian accidents are likely to remain a significant safety issue.
Distracted Pedestrian Accidents
Pedestrian accidents are not always caused entirely by another party. In some cases, the pedestrian may be found fully or partially at fault. Situations in which a pedestrian may share liability include:
- Texting or otherwise becoming distracted while walking
- Jaywalking
- Walking while impaired
- Ignoring traffic signals or crosswalk indicators
- Walking at night without appropriate reflective or visible clothing
In many of these situations, a pedestrian may still be able to pursue a personal injury claim against the driver under the comparative fault laws in both Missouri and Kansas. However, any compensation awarded may be reduced based on the pedestrian’s percentage of fault. In pedestrian accident cases, both drivers and pedestrians owe a duty of care within their respective roles and surroundings.
Common Pedestrian Accident Locations in Kansas City
Due to their nature, pedestrian accidents tend to occur repeatedly in the same types of locations, particularly in larger cities. In Kansas City, pedestrian accidents most commonly take place in the following areas:
- Crosswalks
- Intersections
- School zones
- Residential neighborhoods
- Driveways
- Parking lots and garages
These high-risk locations are common in most urban environments. However, recent Vision Zero data allows for a closer look at specific roads and areas within Kansas City that are especially associated with pedestrian accidents. These include:
- Truman Road
- Independence Avenue
- U.S. 71
- Troost Avenue
- Interstate highways
Truman Road, Independence Avenue, and Troost Avenue are all part of Kansas City’s designated high-injury network. This network consists of roadways identified as particularly dangerous due to a high concentration of serious or fatal crashes, including those involving pedestrians.
As these trends show, pedestrian accidents remain an ongoing concern throughout Kansas City. Staying prepared involves knowing the steps to take after an accident and when to reach out to a Kansas City pedestrian accident attorney for guidance.
What to Do After a Pedestrian Accident
As mentioned above, pedestrian accidents are often devastating due to the lack of protection a pedestrian has when compared to a moving vehicle. The steps you should take after a pedestrian accident depend entirely on your physical condition and immediate health needs. You should never attempt to do anything in the moment that could worsen your injuries.
After a pedestrian accident, you—or nearby bystanders—should take the following steps to help protect your health, safety, and any future personal injury claim:
- Move to a safe location away from traffic, if you are able
- Call 911 to report the accident and request medical assistance
- Seek medical evaluation and treatment for any injuries, even if they do not seem serious at first
- Document evidence from the scene of the accident, when possible
- Exchange contact and insurance information with the other party involved
- Provide law enforcement with a factual account of what occurred
- Contact a Kansas City pedestrian accident attorney as soon as possible
Many of these steps may be difficult or impossible to complete immediately after a pedestrian accident, as pedestrians are often seriously injured in these incidents. Your top priority should always be receiving the medical care you need, which not only supports your recovery but also helps lay the foundation for a personal injury claim.
Pedestrian Accident FAQs
Below are a few of the most frequently asked questions Wallentine Injury Law receives regarding Kansas City pedestrian accidents.
How Much Time Do I Have to File a Pedestrian Accident Claim?
Pedestrian accident claims are governed by each state’s personal injury statute of limitations. In Kansas City, Missouri, you generally have five years from the date of the accident to file a claim. In Kansas, the statute of limitations is typically two years from the date of the accident. Certain circumstances may extend or shorten these deadlines, which is why it is important to contact an attorney as soon as possible after an accident to avoid missing your opportunity to pursue compensation.
What Kind of Compensation Can I Recover After a Pedestrian Accident?
Compensation following a pedestrian accident can take several forms. Depending on the circumstances of the case, you may be able to recover both economic and non-economic damages, including:
- Past and future medical expenses
- Lost wages
- Property damage
- Wrongful death damages for surviving family members
- Pain and suffering
- Punitive damages
The specific types of compensation available will depend on the facts of your case, the severity of the injuries, and applicable state laws.
If I Was Partially Liable, Can I Still Recover Compensation?
Yes. Even if you were partially at fault as the pedestrian in an accident, you may still be able to recover compensation. Both Kansas and Missouri follow comparative fault rules, which allow liability to be shared among the parties involved.
- In Kansas, under the state’s modified comparative fault law, your compensation can be reduced by your percentage of fault, up to a maximum of 50%.
- In Missouri, which follows a pure comparative fault system, your compensation can be reduced by your percentage of fault, even up to 99%.
If you were seriously injured in a pedestrian accident but share some liability, it is still important to contact our team to pursue the compensation you may be entitled to.
Can I Recover Damages in a Hit-and-Run?
If you were struck as a pedestrian and the driver fled the scene, you may still be able to recover damages. Legally, unknown drivers are considered “uninsured,” which means your own uninsured motorist (UM) coverage—required in both Kansas and Missouri—can provide financial protection, even though you were not driving at the time of the accident.
Having adequate UM coverage is crucial for hit-and-run claims, and if possible, it is advisable to increase these limits. In some cases, you may also be able to recover compensation through crime victim programs or other legal avenues.
What if the Pedestrian was a Child?
If a child is struck by a vehicle, most of the same legal principles apply, but there are a few key differences. For instance, minors are typically granted an extended period of time to file a personal injury claim in both Kansas and Missouri.
Additionally, children are held to a lower standard when determining liability. In these situations, adults are assumed to owe a higher duty of care and must exercise greater caution around children. These factors can affect the compensation awarded to a child and influence the application of comparative fault rules.
How Can a Kansas City Pedestrian Accident Attorney Help?
If you’ve been involved in a pedestrian accident, one of the most important steps you can take is working with a Kansas City pedestrian accident attorney. While you might feel capable of handling the process on your own, an experienced attorney can provide insights and guidance that are often difficult to anticipate.
A trusted legal team can assist with the following after a pedestrian accident:
- Gathering evidence
- Establishing liability
- Proving the at-fault party’s negligence
- Connecting you with top medical providers in Kansas City
- Negotiating with insurance adjusters to secure full and fair compensation
Start Your Recovery With a Kansas City Pedestrian Accident Attorney at Wallentine Injury Law
Pedestrian accidents can alter your life and the lives of your loved ones in an instant. It’s essential to work with a legal team that understands this impact and is committed to helping make things right.
At Wallentine Injury Law, our team provides the guidance you need as you begin your road to recovery. Call 913-934-6333 or reach out online to schedule a free consultation.
References
- Half of KC’s traffic deaths in the last two years happened on these 10 streets – Josh Merchant, The Beacon
- Kansas City Vision Zero Action Plan – Kansas City, Missouri Government\
- Kansas Statutes Annotated – Kansas Legislature
- Pedestrian Safety – CDC
- Revised Statutes of Missouri – Missouri Revisor of Statutes
