This is the second half of our two-part blog post that answers common inquiries that we receive about pedestrian accidents in Kansas. While motor vehicle collisions are inherently dangerous, pedestrians that are struck by a motor vehicle face a risk of serious injury and wrongful death that is exponentially higher than vehicle occupants. While we have attempted to respond to many of the general questions we receive about pedestrian accidents, the best solution if you are looking for information specific to your situation is to speak to an experienced Kansas pedestrian accident lawyer at Cummings and Cummings.
Is the driver always liable if they strike a pedestrian?
This is a complex question because there are scenarios where a pedestrian’s actions contribute to a pedestrian-car crash. The prototypical example is the “darting child, but insurance companies often defend cases based on the theory that almost every pedestrian accident involves someone darting into traffic. The reality is that drivers have a legal duty to drive with reasonable care to avoid pedestrians especially in areas where it is reasonable to expect pedestrians to be present such as near intersections, school zones and the like. Even if the insurance company for the driver contends that a pedestrian is partially responsible for his or her own injuries, this will not necessarily negate a pedestrian’s ability to recover. This defense known as “comparative negligence” does not bar recovery by the pedestrian injury victim unless the pedestrian is more at-fault than the driver. However, any fault assigned by the judge or jury to the pedestrian may reduce the amount of recovery in proportion to the percentage of fault assigned to the pedestrian.
Are pedestrian accident cases involving children treated the same as when the victim is an adult?
Depending on the age of the child, kids may not be held to the same standard of care for their own safety as adults who have more experience and maturity when crossing the street or walking in the vicinity of traffic. Further, adult drivers who are traveling in an area where they should expect children to be present and/or to be playing, such as residential neighborhoods, parks and school zones may be held to a higher standard of care.
What types of damages are recoverable when a person is injured in a pedestrian accident in Kansas?
The specific damages and value of your claim will be based on the unique facts of your case. Many Kansas pedestrian accident lawyers offer a free consultation so that they can evaluate your case and provide a preliminary assessment of the potential value of the claim. Generally, the more severe and permanent the injuries the greater the value of your pedestrian accident claim. Some of the types of damages that may be available in a pedestrian accident lawsuit in Kansas include:
- Lost wages and diminished earning capacity
- Pain and suffering
- Medical and rehabilitation expenses
- Compensation for impaired enjoyment of life
- Loss of consortium
This is not a complete list of damages that may be available and not all of these types of damage be available in every pedestrian accident case in Kansas so we urge you to contact us for information more specific to your pedestrian accident claim.
Our Kansas pedestrian accident attorneys at Cummings and Cummings know that negligent drivers pose a serious hazard for those walking for exercise, transportation or recreation. If you are injured in a pedestrian collision, our dedicated team of Kansas pedestrian accident lawyers work diligently to obtain the compensation our clients need to rebuild their lives. We have over 30 years of combined litigation experience so contact us today at 316-264-1548 to learn about your rights and options.