In pedestrian accidents, the injuries you face can often be serious, life-altering, and overwhelming. Many people assume the driver is always to blame, but that isn’t always the case. Questions about fault can add stress during an already painful time, especially when recovery, medical bills, and missed work start to pile up.
If you or someone you know has been struck by a vehicle as a pedestrian, a skilled personal injury attorney can help advocate for the compensation you need. Based in Kansas City, Missouri, The McCallister Law Firm is committed to helping injured pedestrians navigate fault-related questions while pursuing fair outcomes.
Attorney Brian F. McCallister has years of experience helping injured pedestrians and drivers alike understand how fault is determined in pedestrian accidents and the steps to pursue compensation for their injuries.
How Is Fault Evaluated in Pedestrian Accidents?
In pedestrian accidents, fault depends on the actions of everyone involved before the collision. Traffic signals, crosswalk markings, and right-of-way rules all factor into how responsibility is assessed. Investigators often examine whether traffic laws were followed and how quickly the events unfolded.
Missouri follows a pure comparative fault rule, meaning fault can be shared among multiple parties. A pedestrian may carry some responsibility if their actions contributed to the crash, even if their injuries are severe. This shared-fault approach can affect compensation, but it doesn’t automatically prevent you from seeking damages.
Missouri courts and insurers will also rely on evidence such as witness statements, surveillance footage, and police reports to help determine whether the pedestrian acted reasonably under the circumstances. Pedestrian injury cases depend on the facts presented, not assumptions.
Investigators will also consider environmental factors, such as visibility, street design, and signage, to assess whether both the pedestrian and driver had adequate opportunity to avoid the collision. By analyzing these elements together, liability can be determined with greater accuracy and fairness.
When Might Pedestrians Share Responsibility?
Pedestrians generally have strong protections under Missouri law. However, certain behaviors can shift some of the blame to them. These situations don’t erase a driver’s duty to act carefully, but they may influence how liability is divided.
Fault is rarely all-or-nothing. Missouri law will consider the conduct on both sides, not just who was hurt. The common actions that may affect a pedestrian's degree of fault include:
Crossing outside marked crosswalks or against traffic signals
Stepping into traffic without sufficient time for drivers to stop
Walking while distracted by phones or other devices
Entering roadways where pedestrian access is prohibited
Law enforcement and insurance investigators will weigh these factors alongside the driver’s speed, attention, and reaction time. Even if the driver was primarily at fault, a pedestrian may still carry a small share of responsibility for minor negligence.
Interpreting the actions on both sides is complicated, and each detail—from a sudden dash across the street to a driver’s momentary inattention—can shift the balance of liability, which could slightly reduce the pedestrian's potential compensation.
Understanding Driver Conduct in Pedestrian Injury Cases
Even when pedestrians contribute to an accident, driver behavior remains a major factor. Drivers are expected to watch for pedestrians, adjust their speed, and respond to changing conditions. Failure to do so will typically outweigh pedestrian error.
Speeding, distracted driving, and impaired driving often tip the scale back toward the motorist. Vehicles pose serious risks to pedestrians, and drivers must account for that risk at all times. A pedestrian’s error doesn’t excuse reckless or careless driving.
Weather, lighting, and traffic flow also matter. Drivers who fail to slow down in poor visibility may still be found largely at fault. Even subtle factors, such as an uneven street surface or an obstructed view, can increase driver responsibility. Missouri courts will examine whether a driver could have reasonably anticipated a pedestrian’s presence and whether their response was timely and adequate.
How an Attorney Can Help in Shared-Fault Pedestrian Injury Claims
Shared-fault pedestrian cases are often frustrating for the injured party. Your medical costs won’t lessen just because fault is divided, and in some cases, insurance disputes can drag on, potentially delaying the compensation you need for your recovery. This is where support from an experienced pedestrian accident attorney can make a difference.
Pedestrian accident cases often involve multiple insurance policies and competing accounts of what happened. Therefore, clear legal advocacy helps keep the focus on the injured party's needs. Some key ways an experienced pedestrian injury attorney can help include the following:
Reviewing the evidence to challenge unfair fault claims.
Calculating damages beyond your immediate medical bills, including any long-term rehabilitation needs and lost earning potential.
Handling insurer communications and paperwork.
Presenting a strong case during negotiation, mediation, or in court, if necessary.
Legal guidance doesn’t change the facts of the case, but it can help present them clearly and fairly. Pedestrian accident attorneys can also advocate for settlement offers or court proceedings that fairly reflect the pedestrian's partial responsibility without unfairly penalizing them for minor errors.
Contact an Experienced Pedestrian Accident Attorney in Kansas City, MO
If you have been injured in a pedestrian accident, unanswered questions about fault can often stall your recovery. Whether the pedestrian, driver, or both share responsibility, you still deserve to have your voices heard. A personal injury attorney provides a path to pursue compensation even when fault is divided.
Located in Kansas City, Missouri, The McCallister Law Firm helps injured pedestrians throughout the state by advocating for fair compensation for their injuries and long-term needs. Attorney Brian F. McCallister is dedicated to providing tailored guidance grounded in Missouri law rather than guesswork.
If you have been stuck by a driver as a pedestrian, reach out to The McCallister Law Firm today to schedule a free consultation.
