When a pedestrian is struck by a vehicle, the injuries are almost never minor. The human body has no crumple zone, no airbags, no seatbelt. A collision that leaves a car with a dented bumper can leave a pedestrian with broken bones, a traumatic brain injury, spinal damage, or worse. If you or someone you love was hit by a car in Missouri, understanding how pedestrian injury claims work — and what mistakes to avoid — can make the difference between full compensation and a fraction of what you're owed.
Taran & Associates, P.C. handles pedestrian accident cases throughout Missouri. This guide walks you through how fault is determined, what damages you can recover, and exactly what to do from the moment the accident happens.
Missouri statute of limitations
You have five years from the date of a pedestrian accident to file a personal injury lawsuit in Missouri under RSMo § 516.120. Missing this deadline means losing your right to compensation permanently — regardless of how strong your case is. Don't wait to consult an attorney.
How Fault Works in Missouri Pedestrian Accidents
Missouri follows a pure comparative fault rule. This means that even if you, as a pedestrian, were partly responsible for the accident — jaywalking, crossing against a signal, walking in a roadway — you can still recover compensation. Your recovery is simply reduced by your percentage of fault.
For example: if a jury finds your total damages are $100,000 but determines you were 20% at fault for crossing mid-block, you would recover $80,000. Under Missouri law, you are not barred from recovery even if you were 99% at fault — though practically speaking, a high percentage of comparative fault will significantly reduce your recovery.
Drivers in Missouri have a legal duty to exercise the highest degree of care to avoid injuring pedestrians. This standard is higher than the "ordinary care" standard that applies between drivers. Missouri courts consistently hold that motorists must take extra precautions around pedestrians — especially in crosswalks, parking lots, school zones, and residential streets where foot traffic is expected.
Common driver behaviors that establish fault in pedestrian accident cases include:
- Failing to yield at a crosswalk
- Running a red light or stop sign
- Distracted driving (phone use, eating, adjusting the radio)
- Speeding in residential or school zones
- Backing over a pedestrian in a parking lot without checking mirrors
- Driving impaired by alcohol or drugs
- Failing to account for reduced visibility in rain, fog, or at night
Get Emergency Medical Care Immediately
Call 911. If you can't, have someone call for you. Pedestrian collisions frequently produce internal injuries that are not visible and may not be immediately painful — internal bleeding, organ damage, and traumatic brain injuries can all be present without obvious symptoms at the scene.
Go to the emergency room, even if you feel like you can walk it off. The ER visit creates a medical record that links your injuries to the accident on day one. Every day you delay treatment, the insurance company's argument gets stronger — they will claim your injuries were pre-existing, happened somewhere else, or are exaggerated. A same-day medical record eliminates that narrative.
Follow all medical advice after your initial visit. Attend every follow-up appointment, complete every course of treatment your doctors recommend, and don't skip physical therapy. Gaps in treatment are used by insurance adjusters to argue that your injuries aren't as serious as you claim.
Document the Scene and Gather Evidence
If you are physically able to do so safely, document everything before the scene is cleared. Your phone is your most important tool in the minutes following the collision.
- Photograph the vehicle that struck you — make, model, license plate, damage location
- Photograph the crosswalk, intersection, or roadway — including any traffic signals, signs, and road markings
- Photograph any skid marks or absence of skid marks (no braking before impact is significant)
- Photograph your injuries — even if they appear minor, document everything visible
- Get the driver's name, phone number, insurance information, and driver's license number
- Collect names and contact information from every witness
- Note nearby businesses, traffic cameras, or doorbell cameras that may have captured the collision
Surveillance footage is often overwritten within 30 to 90 days. An attorney can send preservation letters to businesses and government agencies to secure footage before it's gone. This is one of the most time-sensitive steps in a pedestrian claim.
Call the Police — Always
Missouri law requires a police report whenever a traffic accident results in injury. In a pedestrian collision, there will virtually always be injuries — call 911 and wait for an officer to arrive.
The police report is foundational to your claim. It records the officer's observations about fault, any traffic violations by the driver, the driver's statements at the scene, road and weather conditions, and witness information. It also documents whether the driver appeared impaired, distracted, or violated any traffic laws.
Do not leave the scene until you have spoken with the responding officer and obtained the report number. Request a full copy of the report within a few days — it will be the first document your attorney reviews.
Don't Talk to the Driver's Insurance Company Without an Attorney
The driver's insurance company will contact you quickly — often within 24 to 48 hours of the accident. The adjuster will sound helpful and sympathetic. They will ask for a recorded statement about what happened. They may offer a fast settlement before you have any idea what your injuries will actually cost.
Do not give a recorded statement. Do not accept any early settlement offer. Recorded statements taken before you understand the full extent of your injuries are routinely used to limit or deny claims. Early settlements almost never include future medical costs, ongoing treatment, lost earning capacity, or fair compensation for pain and suffering.
Politely tell the adjuster you are consulting with an attorney before making any statements. You have no legal obligation to cooperate with the other driver's insurance company before you've spoken with your own counsel.
What adjusters do with recorded statements
Adjusters are trained to ask open-ended questions designed to elicit statements that minimize your injuries or suggest you were partially at fault. "Were you looking both ways before you crossed?" sounds neutral — but your answer becomes evidence. Don't give them that opportunity before you have legal representation.
Understand What Damages You Can Recover
Missouri law allows pedestrian accident victims to recover two categories of damages: economic damages and non-economic damages.
Economic Damages (Quantifiable Losses)
- Past and future medical expenses — ER bills, surgery, hospitalization, imaging, physical therapy, prescriptions, assistive devices, future care
- Lost wages — income lost while you were unable to work due to your injuries
- Lost earning capacity — if your injuries permanently reduce your ability to earn income
- Property damage — clothing, phone, or other personal property damaged in the collision
- Out-of-pocket expenses — transportation to medical appointments, home care services, modifications to your home if required by your injuries
Non-Economic Damages (Human Cost)
- Pain and suffering — physical pain from your injuries, both past and future
- Emotional distress — anxiety, PTSD, depression, and psychological trauma from the accident
- Loss of enjoyment of life — inability to participate in activities, hobbies, or relationships you previously enjoyed
- Disfigurement — permanent scarring or physical changes resulting from the collision
- Loss of consortium — impact on your relationship with your spouse, available to spouses of seriously injured victims
Missouri does not cap non-economic damages in personal injury cases, which means there is no artificial ceiling on what you can recover for pain and suffering. The value of your case depends on the severity of your injuries, the strength of the evidence, and the skill with which your claim is presented.
Contact a Missouri Pedestrian Accident Attorney
Pedestrian accident cases involve multiple overlapping systems — police investigations, insurance adjusters, medical providers, and potentially multiple at-fault parties (a driver, an employer if the driver was working, a government entity if a crosswalk signal was malfunctioning). Managing all of these simultaneously while recovering from serious injuries is not realistic without legal help.
An experienced attorney can send spoliation letters to preserve surveillance footage and physical evidence, obtain the driver's complete history of traffic violations, subpoena the driver's phone records if distracted driving is suspected, and coordinate with your medical providers to ensure your records accurately document the full scope of your injuries.
Attorney Mark Taran provides free case evaluations for pedestrian accident victims throughout Missouri, including Sikeston, Kennett, Cape Girardeau, Poplar Bluff, and surrounding communities. There is no cost to speak with him, and you pay nothing unless you recover compensation.