Pedestrian Accident Lawyer

Why pedestrian accidents happen in St. Louis

The most common causes of pedestrian accidents are:

• Environmental factors
• Bad driving habits
• Pedestrian mistakes

Environment: The most dangerous places and times for pedestrians

While pedestrian accidents can happen anywhere, the statistics point to a few known danger spots.

Since 2020, more pedestrian accidents have happened each year on Grand Boulevard than anywhere else in St. Louis.

In St. Louis County, the most dangerous road for pedestrians is Halls Ferry/New Halls Ferry Road, closely followed by Lindbergh Boulevard.

It’s troubling, but St. Louis pedestrians are far more likely to be hurt or killed in neighborhoods with mostly minority residents than in predominantly white neighborhoods. 

In fact, in 2023, 7 out of 8 pedestrian fatalities in St. Louis happened in minority neighborhoods.

There are several factors likely to blame:

• Residents of minority communities are less likely to own a car than residents of white communities, which means a greater number of pedestrians.
• Minority neighborhoods are often concentrated in older parts of the city, with outdated infrastructure like poorly maintained sidewalks.
• These older neighborhoods are also more likely to have streetlights out, making streets darker and pedestrians harder to see.

 

Afternoon and evening are the most dangerous times for Missouri pedestrians. In 2023, more than half of pedestrian accidents occurred between 2 and 9 pm.

Missouri State Highway Patrol

 

Just because you were walking in an area or at a time known for pedestrian accidents doesn’t mean your accident was your fault.

You should be able to walk in any public place at any time of day without the fear of injury. And when you are injured, you’re entitled to compensation.

Bad driving habits

Most drivers who strike pedestrians were engaged in some kind of risky behavior at the time.

While environmental factors like weather and road conditions can play a role, more than 77% of Missouri pedestrian accidents happen during clear weather.

It’s tragic when a pedestrian pays the price for a driver’s choice to drive recklessly, drive while distracted, or drive while impaired.

 

Pedestrian mistakes

Maybe your own mistake contributed to your accident – but that doesn’t mean you’re entirely to blame.

Missouri has laws for pedestrians, like waiting at intersections until it’s safe to cross, using marked crosswalks, and walking on sidewalks.

Even if your own actions played a part in your accident, you might still be able to get compensation under Missouri’s comparative fault rule.

Our team can find out whether anyone else’s negligence had a role in your accident. If so, you may be able to file a claim against them for their portion of responsibility.

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“Throughout the entire process, Gonzalo Fernandez kept me up to date. He took the time to explain the process to me in terms I could understand without being an attorney. I am so thankful for his work and support.”

 

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Common pedestrian accident injuries and damages in St. Louis

Over more than 30 years of practicing law in St. Louis, Gonzalo Fernandez and his team have seen a number of injuries sustained in pedestrian accidents. These range from minor abrasions to life-altering injuries.

Common injuries after a pedestrian accident include:

• Traumatic brain injury
• Spinal injury
• Fractures and broken bones
• Cuts, bruises, and abrasions
• Emotional trauma

Traumatic brain injury

Car accidents are a leading cause of traumatic brain injuries, or TBI. These injuries can take time to manifest; someone could suffer a TBI even if they didn’t lose consciousness at the scene.

Symptoms of TBI include:

• Persistent headache
• Difficulty concentrating
• Dizziness
• Mood or personality changes
• Changes in sleep patterns
• Vomiting
• Sudden loss of consciousness, even after the accident
• Seizures

Spinal injury

Spinal injuries can lead to full or partial paralysis. This can include paralysis of internal organs, causing difficulty breathing, digestion issues, and loss of bowel or bladder control.

Spinal injuries that do not cause paralysis can still be life altering. You may suffer chronic pain, weakness, and numbness that lasts for months or years after your accident.

Fractures and broken bones

Broken bones are painful and can take a long time to heal. Recovering from some fractures requires surgery and physical therapy.

Healed fractures can cause permanent loss of dexterity or chronic pain, preventing the patient from ever fully returning to their previous lifestyle.

Cuts, bruises, and abrasions

Cuts and bruises may sound minor, but they are still painful injuries that could have been prevented.

Injuries to the skin can lead to further complications, like infection, or to lifelong impacts, like scarring.

Emotional trauma

We shouldn’t discount the emotional trauma that goes along with being in a pedestrian accident.

After your accident, it’s common to experience heightened fear, anxiety, or post-traumatic stress disorder (PTSD), which may require clinical treatment.

Damages a pedestrian accident lawyer may pursue

After a pedestrian accident, you’re probably in physical and emotional pain. Figuring out how to get compensation is an additional burden you don’t need to bear. 

Your Fernandez Law pedestrian accident lawyer is an expert in cases like yours. We will evaluate your accident and explain to you what kind of damages you could claim.

If you’re the victim of a pedestrian accident, you may be entitled to compensation for:

• Medical bills, both for immediate and ongoing treatment
• Lost wages from taking time off work
• Lost earning capacity from permanent injuries
• Lost enjoyment of life
• Costs associated with your recovery, including physical therapy, transportation, or hiring someone to complete tasks you can no longer do yourself
• Pain and suffering
• Wrongful death

Who pays damages in a pedestrian accident

Before you can file legal action for your pedestrian accident, you and your attorney have to determine who was responsible.

This question might not be as obvious as it first appears. To get the full compensation you’re entitled to, you want to be sure everyone who could be liable is held to account.

Your pedestrian accident lawyer from Fernandez Law will conduct a thorough investigation to identify responsible parties. Those liable for a pedestrian accident may include:

• Motorists
• Auto insurers
• Property owners
• Property insurers
• Vehicle and equipment manufacturers
• Government agencies responsible for maintaining roads
• Employers, if a motorist was on the clock or driving a company vehicle

Even if your own actions led to the accident, you might still be entitled to compensation from anyone whose actions contributed to the crash.

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“Gonzalo Fernandez is an exceptional attorney and I continue to recommend him enthusiastically. Smart, savvy, and client-focused, he is the consummate professional you want on your team; and the ideal lawyer you want leading it.”
 

 

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What to do after a pedestrian accident

After a pedestrian accident, emotions are running high. Do your best to stay calm and do these things.

1. 1. Your safety is the most important thing. If possible, get off the road to await police and paramedics in a safe place.
   2. Call 911 or ask someone else to call for you. Even if you think you’re OK, get immediate medical attention.
      
      A surge of adrenaline at the time of the accident can dull sensations of pain, so you may not realize how badly you’re hurt. And if you later decide to sue, records of your initial medical exam will be important evidence.
   3. File a police report. It’s another piece of crucial evidence in a future lawsuit.
   4. Do not admit fault.
      
      When giving your statement to police and paramedics, say only what happened, not who was to blame.
      
      If you are contacted by insurance representatives in the hours or days after the accident, don’t talk to them – even if they represent your insurer. Direct all insurance conversations through your lawyer.
   5. Gather witness information. Get the names and contact information of anyone who saw the accident. Share that information with the police and your lawyer.
   6. Document the scene. Note what was around you at the time of the accident. If you can, take photos or video of the scene, the vehicle involved, and any visible injuries.
   7. After the accident, continue to document any ways it impacts your life: such as ongoing medical issues, emotional disturbances, or lost wages.
   8. Contact the team at Fernandez Law to find out what your legal options might be.
      The sooner you contact a lawyer, the better. Under Missouri law, you have five years to file a personal injury lawsuit, but the longer you wait, the harder it becomes to gather evidence.
      If you were hit by a city-owned vehicle in the city of St. Louis, you have only 90 days to file a claim with the city’s Office of Administration.

Gonzalo Fernandez has spent more than 30 years fighting for the rights of the injured in St. Louis courts.

How a St. Louis pedestrian accident lawyer can help you

You might wonder if you need a pedestrian accident lawyer. Sometimes accident victims just want to put the whole thing out of their mind.

We understand. One of our primary goals is to take on some of the burden of dealing with your accident’s aftermath, so you can focus on recovering and moving forward.

Investigating the accident

A pedestrian accident lawyer from Fernandez Law builds your case for compensation. We will investigate the accident and gather evidence to identify and prove who was at fault.

Your lawyer won’t rely only on the police report; they’ll conduct their own investigation. 

We once argued a case in which the police put 100% of the blame on our client. Our investigation found eyewitnesses who were never interviewed by the police. Their testimony helped our client obtain a $4 million settlement.

Managing insurance claims

Insurance companies are profitable businesses, and one of the keys to being profitable is to pay out as little as possible.

Our team knows all the tricks insurers and their attorneys use, and we can beat them at their own game.

With a pedestrian accident lawyer on your side, you don’t need to worry about signing paperwork you don’t understand or dealing with calls from aggressive claims adjusters. Your attorney will handle the claims process and all insurance conversations on your behalf.

Negotiating a settlement

When negotiating a fair settlement, we look at all the ways this accident could impact your life, both now and in the future.

A settlement is more than paying your medical bills. It’s compensating you for the full range of medical, emotional, and financial damages this accident could cause throughout your life.

Representing you in court

Most pedestrian accident cases settle out of court, particularly if you have a pedestrian accident lawyer who builds a strong case based on the evidence.

If a fair settlement can’t be reached, your attorney will file the paperwork to take your claim to trial. You have five years from the date of your accident to file a claim.

Successfully arguing a case in court is complicated. Fernandez Law will take care of filing the appropriate paperwork, submitting evidence, and hiring experts.

At trial, we will protect you from attacks by the other side and will make sure the judge or jury clearly understands your case.

Fernandez Law has won more than $100 million for injured clients and their families.

What happens when you file a pedestrian accident claim in Missouri

The first thing to do is have a free consultation with Fernandez Law to learn about your legal options. At the consultation, we’ll listen to your story, review any evidence you have, and tell you what your next steps might be.

If you move forward with filing a claim, here’s what happens next:

• Your pedestrian accident lawyer will file a claim with the at-fault party’s insurer. Once you have legal representation on your side, you don’t need to have any communication with insurance companies; they have to direct all questions and negotiations to your lawyer.
• Your lawyer will gather evidence to build a case, including police reports, medical records, and witness statements.
• Your lawyer will negotiate with the insurance company to arrive at a fair settlement. When they offer a fair amount, your attorney will guide you through the process of accepting the offer.
• If a fair settlement can’t be reached, your attorney will file a personal injury lawsuit. Under Missouri law, you have up to five years after the date of the pedestrian accident to file suit.
• Your lawyer will negotiate with lawyers for the other party to try and reach an out-of-court settlement.
• If negotiations fail, the case will go to trial. It can be a lengthy process from the time a claim is filed until a trial begins.
  
  Attorneys for both sides will present evidence and arguments, and you may be called to testify.
  
  A judge or jury will decide the outcome of the case and the amount of damages you are awarded.
• Whether the case is settled out of court or at trial, your attorney will help you collect your compensation. This could mean negotiating payment terms or enforcing a judgment.

 

FAQs about pedestrian accidents

How often are pedestrians hit by vehicles in St. Louis?

Pedestrian accidents are tragically common, and on the rise. 2023 was the deadliest year on record for St. Louis County pedestrians, with 28 people killed.

That year, there were more than 475 pedestrian accidents in the combined area of St. Louis city and county.

According to the Missouri State Highway Patrol, the number of fatal pedestrian accidents statewide has risen 62% in the last 20 years.

What if I was hit by a city-owned vehicle?

If you were struck by a city employee driving a vehicle in the course of their duties, you need to speak to an attorney immediately.

While the state’s statute of limitations gives you five years to file a lawsuit, you have only 90 days from the date of the accident to file a claim with St. Louis city’s Office of Administration.

What if it was a hit-and-run?

If a driver hit you and fled, it adds an extra layer to your trauma – and an extra level of complexity to your case.

File a police report as soon as possible, and provide as much detail about the vehicle as you can.

Both the police and your lawyer will try to identify a suspect using evidence like witness statements and footage from traffic cameras and doorbell cameras.

How much compensation can I get from a pedestrian accident?

It’s impossible to answer that question with a single number. Personal injury compensation depends on a number of factors, including the type and severity of damages, the circumstances around the accident, and the parties at fault.

What kind of evidence is important to prove a pedestrian accident?

Your pedestrian accident lawyer will gather as much evidence as they can during their investigation. If you have evidence, sharing it with them will bolster your case.

Important evidence includes:

• Police reports
• Medical records
• Witness statements
• Photos and videos of the scene
• Video footage of the accident

How much does it cost to file a pedestrian accident claim?

Consulting a pedestrian accident attorney at Fernandez Law costs nothing. If you have a case, we will help you pursue it, and charge nothing until we win a settlement for you. Your legal fees will be covered by a percentage of the compensation you’re awarded.