Missouri Pedestrian Accidents

Nowadays, many organizations, such as the Centers for Disease Control and Prevention and American Heart Association, promote walking as a way to increase physical activity in Americans and to prevent various chronic diseases. Although walking is an environmentally safe and healthy way to get from point A to point B, pedestrian injuries and fatalities are unfortunately a common occurrence throughout the country. Pedestrians are exceptionally vulnerable to accidents because of their lack of protection while on the road. Drivers and passengers in vehicles are usually restrained inside of a steel cage that, in the event of an accident, can offer additional safety through airbags and seatbelts. Pedestrians, on the other hand, have no outer shell to protect them and are susceptible to serious injuries when they are involved in an accident. According to Smart Growth America, in a ten-year period between 2003 and 2012, approximately 47,025 people died while walking the streets of America. During that same period, 676,000 people were injured. Smart Growth America believes that these accidents can be prevented by taking certain steps and by imposing better regulations. St. Louis pedestrian accident lawyers recognize the severity of this epidemic and know firsthand how awful an accident involving a pedestrian can be.

Wentzville Man Killed while Crossing the Street

It was reported last week that 62-year old Thomas Dmytryk was struck by a vehicle around 9:52 while attempting to cross Wentzville Parkway located in Wentzville, Missouri. Dmytryk was taken to the hospital after the accident but was unfortunately pronounced dead. Police claim that Dmytryk crossed in area that was not designated for pedestrians. However, according to the Missouri Department of Transportation (MDOT), 27.1% of accidents involving pedestrians occur when crossing the street with no signal. Additionally, St. Charles County, where Wentzville is located, is ranked number 5 in all of Missouri for most pedestrian involved crashes in 2011. Fortunately, MDOT’s report also indicates that pedestrian accidents in Missouri are on a decline. Nonetheless, the cornerstone to recovery in a pedestrian accident case involving a vehicle is establishing the exact duty of care owed by the involved parties.

The Importance of Duty of Care in Pedestrian Accidents Involving Vehicles

Generally, drivers of vehicles are expected to exercise “the highest degree of care under the circumstances.” A driver’s failure to do so may result in an insurance claim or lawsuit for negligence. Typically, the following factors contribute to a driver’s negligence:

·      Distracted driving;

·      A driver’s failure to obey speed limits, traffic signs or traffic signals;

·      Driving under the influence of alcohol or drugs; and

·      A driver’s failure to yield the right of way to pedestrians at crosswalks that are marked for pedestrians.

The law imposes a higher duty of care on drivers in areas where children are likely to be present. Thus, it is imperative that a driver be extra cautious when close to residential areas and schools where children are known to frequent.

Contact a St. Louis Pedestrian Accident Attorney

Pedestrians must also exercise reasonable care towards their own safety. Although their failure to do so can result in less recovery for their injuries, they may still be entitled to some compensation. If you or a loved one has been the victim of a pedestrian car accident, seek medical attention immediately and then contact an experienced St. Louis pedestrian accident attorney. We can help you establish all of the required elements of a negligence case and make sure you receive the compensation you deserve.

Joseph D. Klenofsky  |  St. Louis Personal Injury Attorney

The Klenofsky Law Firm, LLC