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Category Archive: Pedestrian Accidents

  1. Pedestrian Struck by a Van in St. Louis

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    On December 4, 2015, KMOV News reported about a pedestrian struck by a van in St. Louis around 8:30 p.m. that day.  that a female pedestrian was struck by a van near the intersection of Arsenal Ave. and Jefferson Ave. in the Benton Park area of St. Louis.   So far, few details have been released other than that the woman was taken to a local hospital in critical, unstable condition.  Firefighters at the scene reported that the victim suffered a serious head injury.

    According to the CDC, a pedestrian related vehicle crash results in a pedestrian death once every 2 hours.  Car crashes result in a pedestrian injury once every 7 minutes.   The CDC reports that in 2012, more than one in every five children between the ages of 5 and 15 who were killed in traffic crashes were pedestrians. The CDC recommends that pedestrians take certain precautions to avoid being the victim of a pedestrian/automobile accident.

    Unfortunately, many Missouri drivers do not respect the rights of pedestrians on the roadways.  Many St. Louis residents, such as this pedestrian struck by a van in St. Louis, are injured or killed every year because of negligent drivers.  Drivers owe pedestrians a duty of care to watch out for them, even when pedestrians are not in a crosswalk.  Because of the size and weight of a vehicle, even a low-speed impact of a car hitting a pedestrian can result in traumatic injuries or death.  The Missouri Department of Transportation has published a summary of traffic rules and laws involving pedestrians.  You can access that information by clicking here.  For more information regarding Missouri pedestrian accidents or pedestrian rights, please visit my web page on pedestrian accidents.

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  2. Jefferson County Children Injured in School Bus Accident

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    Most St. Louis personal injury attorneys have had auto accident cases involving injuries to pedestrians. These cases are particularly troubling when the pedestrians are children. Earlier today, KSDK news reported that two pedestrian children were struck at a bus stop in Jefferson County while crossing the street to board a school bus.

    According to DeSoto, Missouri police, the children were crossing the street to board a school bus when a driver failed to stop for the bus stop sign arm. Missouri law requires that the driver of a vehicle, upon meeting from either direction any school bus which has stopped for the purpose of receiving or discharging school children and whose driver has given the signal to stop, shall stop the vehicle before reaching the school bus and shall not proceed until the school bus resumes motion, or until signaled by its driver to proceed. For the text of this Missouri law, click here.

    The news article mentioned certain mitigating factors such as glare from the sun, but the need for extreme caution around a stopped school bus can never be underestimated. School bus accidents cause serious and devastating injuries and the need for extreme vigilance should always be present.

    The latest news reports indicate that at least one of the young pedestrians from this school bus accident was released from the hospital soon after the accident. We can only hope that the second victim of this accident makes a quick hospital exit as well.

    2 Children struck at bus stop, KSDK.com, October 5, 2011.

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  3. South St. Louis County Students Struck by SUV Walking to School

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    Four students in south St. Louis County were struck by SUV while walking in the Bayless School District. According to KMOV in St. Louis, the driver of an SUV lost control of his vehicle on Weber Road and there were students struck by SUV – pedestrians in a terribly unfortunate position on the sidewalk where the driver lost control. Four students were treated by EMT personnel before being transported to a local hospital. The St. Louis County police report indicated that no one was seriously injured.

    As a Missouri personal injury attorney, it is always troubling to hear about young people injured in car or truck accidents, especially pedestrian accidents. Automobile accidents involving pedestrians can lead to life-changing injuries. Fortunately, no one appears to have sustained serious injuries in this pedestrian accident.

    Both the federal government and the State of Missouri have implemented programs to increase safety for pedestrians on our roadways. For more information on Missouri’s program to increase pedestrian safety, click here.

    Car accidents involving injuries to minors (those under 18 years old) also involve special legal consideration in Missouri. Most Missouri personal injury settlements on behalf of minors will require a Missouri court to consider the facts of the case and determine whether a proposed settlement is in the best interest of the minor. Many times a Missouri court will require that any settlement be placed in a restricted bank account for the minor until the minor turns 18. Lawsuits in Missouri to approve minors’ personal injury settlements may require the intervention of a Missouri lawyer.

    Driver Loses Control of Vehicle, Strikes Four South St. Louis County Students, KMOV.com, March 14, 2011

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  4. St. Louis Police Seek Suspect in Pedestrian Hit and Run Auto Accident

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    St. Louis Police are seeking the assistance of the public in locating a vehicle involved in a hit-and-run automobile accident with a pedestrian in December. This pedestrian hit and run occurred as the pedestrian was walking in the southbound lanes of S. Jefferson in St. Louis, Missouri when she was struck and killed by an SUV. St. Louis Police believe the truck involved in the accident was a Chevrolet Suburban. The police also believe there may be witnesses to this pedestrian accident. A reward has been offered to anyone coming forward with information.

    This is a tragic situation for the family of the deceased. It is all the more difficult knowing that the person involved in this accident left the scene. If the victim’s family determines to pursue a wrongful death claim, the injury lawyers handling that matter would also want to try to identify the driver of the truck. If the driver’s identity cannot be determined, then the personal injury attorneys may pursue uninsured motor vehicle claims. When the driver of a car or truck leaves the scene of a collision and cannot be identified, the driver is often referred to as a “phantom motorist”. A phantom motorist is usually treated as an uninsured motorist. The fact that the pedestrian was not in a motor vehicle is not relevant. If the injury or death was caused, in whole or part, by an uninsured motor vehicle, then the claim can be made.

    In Missouri, uninsured motor vehicle insurance is considered partly contractual in nature. As such, the insurance generally follows the insured and is not limited to a particular vehicle or car. That is why a pedestrian involved in an accident with an uninsured driver can make an uninsured motor vehicle claim even though the pedestrian was not occupying a motor vehicle at the time of the accident.

    The Missouri personal injury attorney investigating an uninsured motor vehicle claim will want to know about all automobile insurance policies of anyone living in the same household as the injured client (the pedestrian in this case). Many automobile insurance policies provide coverage to relatives residing in the household of the named insured. At times, this will provide the lawyer with more avenues of recovery for an injured client or the family of a deceased client.

    Police Seeking Public Help in Locating Hit and Run Suspect, KMOV.com, January 19, 2011

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  5. Evidence to Help Reconstruct Missouri Car Accident

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    The News Leader of Springfield, Missouri reports that the Springfield Police Department is attempting to reconstruct a car accident that killed a pedestrian from Lee’s Summit, Missouri. On December 9, 2011, a Missouri State University student, Mr. Almahuzi, was driving a car on St. Louis street when he lost control of the automobile and crashed. The car struck and killed a pedestrian, who also was a Missouri State University student. Police are trying to reconstruct the automobile accident using various evidence- gathering means.

    The police are using the car’s event data recorder to gather evidence to help reconstruct the Missouri car accident. According to the news report, 65% of new cars had event data recorders in 2005. All cars will have event data recorders on 2013 models. The event data recorder may provide the investigators with the car’s speed, engine RPM, percent of throttle, brake status, and occupant seat belt use at the time of the car accident. This data will assist in the reconstruction of the car wreck.

    The accident may give rise to a Missouri wrongful death lawsuit on behalf of the family of the deceased pedestrian. Missouri injury lawyers representing the family in the wrongful death claim may also want access to the information provided by the event data recorder.

    Car accident attorneys frequently investigate the facts surrounding a car accident. Investigations may include obtaining witness statements, getting photos of the scene and the motor vehicles involved, and photos of any physical evidence at the scene of the collision. Police reports also may provide specific factual evidence, such as measurements of the location of the motor vehicles on the roadway after the accident, skid marks, etc. In certain car wreck cases, Missouri personal injury lawyers choose to hire an expert to reconstruct the accident using the evidence. The personal injury attorneys may be able to use the accident reconstruction expert’s opinion with respect to certain aspects of the car or truck accident in a Missouri civil lawsuit for damages.

    Evidence Will Help Reconstruct Car Accident, The News Leader, January 6, 2011

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  6. Moscow Mills, Missouri Man Injured in Lincoln County Car Accident

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    The Hannibal Courier Post reports that a man from Moscow Mills, Missouri was hurt in a car wreck in Lincoln County, Missouri last week. The Missouri Highway Patrol stated that the man was attempting to pass a tractor-trailer on southbound US Highway 61 when his car struck the left rear of the Peterbilt semi, also driven by a resident of Moscow Mills. The car then crashed and overturned. The injured car driver was taken to St. Joseph Hospital West in Lake St. Louis by Lincoln County Ambulance.

    Automobile accidents involving tractor-trailers, and trucks in general, account for a large number of car wrecks every year. A University of Michigan study found that on average, about 5,212 trucks are involved in fatal traffic accidents annually. The study further found that tractors pulling one semi-trailer are the trucks involved most frequently. In addition to car accidents, the study found that an average of 368 pedestrians and 83 cyclists (bicycles, unicycles, tricycles) are killed each year in automobile crashes involving trucks.

    The Lincoln County, Missouri accident may need to be investigated to determine whether any liability rests with the truck driver for causing this car accident. An injury lawyer likely would want to determine, among other things, whether there were any witnesses to this occurrence.

    A Missouri truck accident lawyer representing someone injured in a Missouri truck accident will also want to become familiar with the various rules and regulations applicable to truck drivers through the Federal Motor Carrier Safety Administration (FMCSA). These rules are especially relevant for the semi-truck accident lawyer as there are very specific guidelines tractor-trailer operators must follow when driving on our nation’s highways.

    One Hurt in Lincoln County Crash, Hannibal Courier-Post, December 31, 2010

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  7. St. Louis Car Accident Involving Pedestrian Seriously Injures Teen

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    KTVI news in St. Louis reports that a 17 year old was seriously injured in an auto accident at an intersection in North St. Louis on December 6, 2010. The news report indicates that the teen was struck by a hit & run vehicle.

    The St. Louis Police are searching for two different vehicles. Witnesses on a Bi-State bus nearby described one of the vehicles as a black truck with Illinois license plates. The other vehicle the police are looking for is a passenger car. The young woman was reported in critical condition. Police were using an accident reconstructionist to determine what took place.

    Personal injury lawyers in St. Louis will frequently use private accident reconstruction experts in investigating the facts of a car accident. The expert will investigate the facts and try to formulate an opinion as to the mechanics of the accident. In this pedestrian situation, an expert may be called upon to try to identify the location of the pedestrian at the intersection, the location of the vehicles, etc. The investigation may result in determining the identity of the cars or trucks involved in this St. Louis pedestrian accident. The pedestrian accident attorney can use this information to determine the extent of any civil liability for the injuries to the victim of the hit and run accident.

    Of course, it is possible that the identity of the driver or drivers of this accident will never be determined. In that case, the pedestrian would be able to pursue an uninsured motorist claim. An unknown, unidentified or “phantom driver” is considered the operator of an uninsured motor vehicle in Missouri. This is separate from an underinsured motor vehicle claim. An underinsured claim applies when the identity of the driver is known and the driver had liability insurance, but the liability insurance is not sufficient to compensate the injured accident victim.

    Teen Critically Injured in Hit & Run, KTVI, December 6, 2010

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  8. St. Charles, Missouri Pedestrian Killed by Hit and Run Driver

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    KMOV in St. Louis reports that a man was struck and killed by an automobile in St. Charles, Missouri on November 13, 2010. The driver of the car who struck the pedestrian fled the scene of the car accident. The St. Charles Police Department found evidence of the car involved in the hit and run accident, including a mirror and other vehicle parts at the scene of the accident. The police are still looking for the driver of the auto.

    The family of the deceased pedestrian has a wrongful death claim against the car driver who caused the accident. A wrongful death claim against the driver is a form of liability claim. However, if the identity of the driver is never determined, then the family would have an uninsured motor vehicle claim.

    Uninsured motor vehicle claims are contract based claims against an insurance carrier for damages suffered by an insured or their family due to the actions of an uninsured motor vehicle driver. A driver whose identity cannot be determined is sometimes referred to as a “phantom driver”. As most attorneys know, in Missouri a phantom driver who causes a car accident is treated as the driver of an uninsured vehicle.

    When investigating an uninsured motor vehicle claim, the Missouri lawyer needs to look at all potential policies, including the policies of relatives residing in the same household as the injured party as well as insurance that applies to the vehicle the injured party was in. If there is more than one policy available, they frequently can be combined, or stacked, to add additional coverage.

    Man Dead After Hit and Run Accident in St. Charles, kmov.com, November 13, 2010.

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  9. Hazelwood, Missouri Pedestrians Struck by Car on Halloween

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    Two youngsters were seriously injured on Halloween when they were struck by a car while crossing a street in North St. Louis County. KMOV News in St. Louis reports that the children and their mother were crossing at a crosswalk Hazelwood without waiting for the walk signal. Two cars had stopped at the intersection and waived on the mother and children to cross. When they began crossing the intersection, a third vehicle, traveling in the lane next to the drivers waiving on the children, proceeded through the intersection in accordance with the green light striking the pedestrians. The children suffered very serious injuries and were being treated at a St. Louis area hospital.

    Injuries to pedestrians can be particularly devastating, especially when the pedestrians are children. Car accidents in Missouri involving injuries to pedestrians raise different issues for the Missouri attorney than accident cases that involve only occupants of cars, trucks or other motor vehicles.

    The facts of the Hazelwood accident raise several issues for the Missouri accident lawyer. Among other things, the attorney will be looking into the negligence of the cars involved in this accident, including the drivers who were stopped and waived on the pedestrians. Automobile drivers in Missouri, under certain circumstances, can be held liable for negligently waiving on someone who then proceeds to have an accident.

    One fact that a Missouri injury lawyer will want to know in any pedestrian accident case is whether the injured pedestrian was crossing the street at a designated crosswalk area with control signals. Missouri statutes impose different obligations on pedestrians and car drivers depending upon whether the intersection at issue had traffic control signals, pedestrian control signals or any signals at all. Ultimately, however, drivers of cars and trucks owe a duty of care to pedestrians on Missouri’s roadways.

    Adult, 2 Children Hit by Car in Hazelwood, KMOV.com, October 31, 2010

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