Pedestrian hit.
Driver liability.
Missouri drivers owe pedestrians an elevated duty of care because the consequences of any collision are so severe. Even at low speeds, a vehicle striking a person produces catastrophic injuries. Our job is to establish driver liability, document the injuries, and recover the full value of what you lost.
Missouri pedestrian right-of-way law
- Marked crosswalks. Drivers must yield to pedestrians in marked crosswalks. Failure to yield is a per se traffic violation and strong evidence of negligence.
- Unmarked crosswalks. Every intersection has an unmarked crosswalk — the extension of the sidewalk through the intersection. Pedestrians have right-of-way there too.
- Mid-block crossings. Pedestrians crossing mid-block (jaywalking) must yield to vehicles, but the driver still has a duty to maintain proper lookout. Mid-block jaywalking does not bar recovery under Missouri's pure comparative fault.
- School zones and crosswalk guards. Speed limits drop significantly and failure to stop for a school crossing guard is independently negligent.
- Backing-up cases. Drivers backing out of parking spaces have a heightened duty to look for pedestrians.
First steps after a Missouri pedestrian crash
- Accept transport to the hospital. Internal injuries and fractures are common and may not be obvious at the scene.
- Get a copy of the police report and the driver's insurance information.
- Photograph the scene if you are able — the crosswalk, the signage, the road conditions, the vehicle.
- Identify witnesses. Most pedestrian crashes have civilian witnesses on foot or in adjacent vehicles.
- Do not give a recorded statement to the driver's insurance carrier.
- Keep all clothing and personal items as evidence.
What we handle
- Crosswalk crashes at marked and unmarked intersections
- Parking lot and parking garage pedestrian-vehicle collisions
- School zone and bus stop cases
- Distracted-driver cases (texting, phone use, GPS)
- Drunk-driver pedestrian cases (with potential punitive damages)
- Hit-and-run cases requiring UM/UIM recovery against the pedestrian's own auto policy
- Catastrophic injury cases including TBI, spinal cord injury, multiple fractures, amputation
- Wrongful death cases under RSMo §537.080
Frequently asked questions
Can I recover if I was jaywalking?
Yes. Missouri uses pure comparative fault under RSMo §537.765. Jaywalking may reduce your recovery percentage but does not bar it. Drivers still owe a duty to maintain a proper lookout.
What if I was hit by a hit-and-run driver?
Your own auto insurance’s uninsured-motorist (UM) coverage usually applies even though you were on foot. Missouri requires UM coverage at $25,000/$50,000 minimums. Many people don’t realize their auto UM coverage protects them as a pedestrian.
How much is a Missouri pedestrian accident case worth?
Pedestrian cases generally involve more severe injuries than typical car-on-car crashes because the pedestrian has no protection. Value depends on injury severity, ongoing treatment, lost wages, permanent restrictions, comparative-fault questions (crosswalk, signal, jaywalking), and the at-fault driver’s available liability insurance plus your own uninsured/underinsured motorist coverage. No lawyer can predict a number without reviewing the file. Every case is different and past results do not predict future outcomes.
How long do I have to file a Missouri pedestrian accident lawsuit?
Five years from the date of the crash under RSMo §516.120. Wrongful death is three years under RSMo §537.100. Notice to a government defendant (when the vehicle was driven by a city or state employee) can be as short as 90 days.
Does it matter if the driver was insured?
Yes — it determines which policy pays first. The at-fault driver’s liability coverage pays first. If their limits are inadequate or they were uninsured, your own UIM/UM coverage steps in. We review every available policy on every case.