Pedestrian Accident Cases
Involved in a Pedestrian Accident? Schmittgens Injury Law Firm will fight for you.
Man’s first method of travel was his own two feet. Walking is a great way to exercise, get from point a to point b, and to enjoy our great country.
Unfortunately, pedestrian accidents have been on the rise and every year, hundreds of walkers are injured by negligent drivers in huge vehicles. These cases are particularly dangerous, maybe even deadly, because pedestrians have nothing to reduce the impact with their vehicle.
If you are a pedestrian who has been struck by a vehicle, give the experienced attorneys at Schmittgens Injury Law Firm a call right away for a free case evaluation.
Common factors in a Pedestrian Accident
There are several factors which can increase the chances of a pedestrian accident:
Poor street lighting and/or lack of high visibility devices in cross walks.
Malfunctioning or broken signals at crosswalks.
Poor signage or fading pain at or near cross walks.
Defective vehicle equipment, like brake systems.
An overreliance on collision avoidance technology by drivers.
Inattentive or distracted drivers.
When analyzing a case, it’s important to know who may be responsible for your injuries. In cases where there is a defective or dangerous design or a lack of maintenance and upkeep which caused or contributed to cause the collision, it’s likely the local or state government who is the liable party. If the driver who hit you was negligent or careless, they are the one who is responsible for your damages.
At the Schmittgens Injury Law Firm, our attorneys will investigate every pedestrian accident to figure out anyone who may be responsible for your injuries. This allows us to establish liability and maximize your compensation for injuries, wages, and pain and suffering.
What Can Pedestrians Do To Protect Themselves?
Only Cross the Street within the Crosswalk and with the Right-of-Way: The crosswalk is the safest place to cross a street. Whether it is a one way, single lane road or a busy suburban thoroughfare, the safest way to cross is within the cross walk with the right-of-way.
Cross Where You Would Expect Someone to Cross: Too often, pedestrians will cross the street where they want to, not where they are supposed to. Think like a driver, where might you expect a pedestrian to cross the road, and then cross there. Do not enter the road between parked cars or at points of limited visibility.
Wear Highly Visible Clothing, especially if walking at night: Drivers have an obligation to keep a careful lookout, but if you are hard to see, it makes their job harder. If you are walking, especially at night, be sure to wear highly visible clothing and bright colors. If it’s dark out, carry a flashlight or wear a reflective vest so drivers can better see you.
Look Both Ways Before You Cross The Street: This elementary school rule is great advice to stay safe. When crossing the street, make sure you look both ways to be sure you cross the street.
Mind Your Surroundings: Be sure you are aware of what is happening around you. Make sure you are aware of where cars are and where they might be coming from. Alleys, drive ways, and other side streets pose extra risks to pedestrians because they often have limited fields of vision and your time to react will likely be limited.
Move With Purpose: When crossing the street, do not dawdle or loiter. While you do not have an obligation to sprint across the street, move as fast as you safely can to limit the time you are in areas where you could be struck by a negligent driver.
The Buddy System: The buddy system helps increase your visibility to drivers on the road. One person can be hard to see but the bigger the group the easier it is to see. If you’re out for a walk, bring a friend!
What should I do after I am in an pedestrian accident:
The question we get the most is “what should I do after I am in an accident?” Here’s our advice to anyone who was involved in a pedestrian accident:
1. Get to Safety.
If you can, get to safety. While we understand you are probably in severe pain, if you can, get out of the road.
2. Call the Police and Take Pictures
Call 911 as soon as it is safe to do so. Tell the dispatch operator about the accident and request an emergency response. The police will make a report about the crash and document the circumstances of the incident. While you wait for the police, take a picture of the other driver’s car, including their license plate. This can be helpful if the other driver decides to leave the scene. It is also important to get pictures of the damages to your vehicle and the parts of the defendant’s vehicle which struck you. Pictures which show the location of the crash and the scene of the incident are also extremely helpful.
Hopefully the police arrive on scene quickly - when they do, tell them in short, plain language, what happened. If you are experiencing any pain, it is important to let them know what parts of your body are hurting you.
3. Gather Witness Names and Phone Numbers
Hopefully, the police will collect the names and phone numbers of anyone who claims to witness the scene. However, sometimes witnesses do not hang around for the police to arrive. Therefore, if someone claims to have witnessed the incident, get their name and their phone number so we may contact them after opening your file.
4. Get the Driver’s Information and More Photographs.
Take pictures of the other driver’s vehicle at the scene of the accident. Once the other driver’s vehicle leaves the scene of the car accident it is hard to find it to get photographs of it. Now that we have cell phones in our hands all the time, it makes it easy to just take photographs of both sides of the vehicle as well as the front and back. The photos should show the whole sides and front and back of the vehicle and not just a close of the dents. In a car accident case, a picture is worth a thousand words.Next, get the other driver’s identification information and car insurance information by simply taking a picture or writing it down.
5. Collect Statements by Driver(s) at the Scene.
If the other driver makes a statement to you or you hear them tell the officer or another passenger in their car how the accident happened and what caused them to hit you, take note of it and remember it as it is important to your claim and case. The other driver might say to one of their passengers, “I told you not to be texting while you were driving”. Obviously, this would be important to show their fault in the accident.
6. Go to the Hospital or Doctor to Document Your Injuries ASAP and Take Photographs of Them.
Get to a doctor as soon as possible. We absolutely understand that you may have affairs to get in order; kids to pick up, work schedule to arrange, and a vehicle to fix. But it is imperative you get your injuries documented as soon as possible.
When you get to a doctor, tell your doctor everything that is causing you pain; the parts of the body, the severity of the pain, and how it is impacting you. It is very important to describe every one of your injuries to the medical personnel because we do not know which injuries will last the longest. It is very difficult, if not impossible, to come back later, and tie an injury to an accident weeks, months, or even years later.
It’s also important to take pictures of any scrapes, cuts, bruises, or swelling which may be present. These pictures help tell a complete story about your injuries and can help us demonstrate the severity of your injuries.
7. Call the Attorneys at Schmittgens Injury Law Firm
If you feel the need to call us from the scene of the crash - please do. But if you do not call us from the scene, call us as soon as possible after. We’re always here to discuss your case and how to best represent you on your claim.
We can be reached at 314-222-4223 or through this website. You can also schedule time to meet - in person - at our office.
What kind of damages can I recover from my pedestrian crash?
Economic Damages: These are damages which have a specific dollar value. Things like hospital bills, physical therapy, medical imaging, and medical devices can be extremely expensive, and assuming they are reasonable and necessary to care for your injuries, the law allows you to seek recovery of those damages from the negligent party.
You are also able to seek compensation for lost income. If you miss time at work or are forced to use benefits like paid time off or sick days, you can seek reimbursement from the at-fault driver’s insurance company. Our firm will assist you in collecting evidence of these types of damages and including them in settlement negotiations.
These damages are not just the damages which are “in the past” you are also entitled to seek damages for medical treatment or income earning in the future. At our firm, we will gather information relating to future earnings or future medical care and include it in our settlement negotiations.
Non-Economic Damages: These damages generally do not have a specific dollar value, but you are still able to seek compensation for things like pain and suffering, loss of enjoyment of life, mental anguish, and stress. No one wants to live life in pain, and many of our clients spend months or even years in constant pain because of their car wreck, under the law, you can seek financial compensation for that pain.
You are also entitled to seek damages for the negative impact your injuries have on your life. If your injuries have prevented you from living the life you want to live, you are entitled to seek compensation. Some examples of “loss of enjoyment of life” may include the inability to participate fully in family activities, challenges to engaging in hobbies, or limitations in the activities of daily living.
Property Damage: Bike accidents often include damages to personal property, specifically your bike or the items you had with you. If your stuff is broken or destroyed as the result of the other driver’s negligence, you are entitled to seek compensation for those losses.
Pedestrian Accident Lawyers Near You
If you’ve been injured in a bicycle accident, attorney Rob Schmittgens is here to help. With nearly a decade of personal injury experience, he knows how to handle bicycle accident cases in St. Louis. His deep understanding of the local legal system and strong connections in the community give you an advantage in your case.
Rob will take the time to understand your situation and fight for your rights. When you work with Rob, you can trust that you’re getting an attorney who will advocate for you every step of the way. As a personal injury attorney with extensive courtroom experience, Rob knows how to get results. A native of St. Louis, he's deeply connected to the community and is committed to ensuring justice for his clients.
At Schmittgens Injury Law Firm, we handle pedestrian accident cases on a contingency basis—so you don’t pay unless we win your case.
How do I get started with the Schmittgens Injury Law Firm?
Call us at 314-222-4223 to speak with a member of our team for a free case evaluation. After reviewing your case, we will have you sign the necessary paperwork so we can get right to work on your case. By hiring our firm, you will have access to our dedicated legal team to answer your questions, a personalized app that will give you up to date information about the happenings of your case, and the peace of mind of knowing you are not in this alone. Remember at Schmittgens Injury Law Firm, we handle bicycle accident cases on a contingency basis—so you don’t pay unless we win your case.