Walner Law - Attorneys

Kansas City, MO Pedestrian Accident Lawyer

When you’re hit by a car in Kansas City, the questions could feel like they’re never-ending. You have specific rights under Missouri law to help build your case. This includes the right to seek financial compensation when another person’s carelessness causes your injuries. Getting a straight answer about those rights is the first step toward getting your life back on track.

The legal process, insurance claims, and mounting bills are a heavy burden when you should be focused on healing. We are here to lift that weight. If you have questions about what to do next, we are ready to listen.

Contact Walner Law for a free consultation at (312) 410-8496.

Guideline For Car Accident Lawyer

What Decades of Experience Can Do For You

After an accident, you need a law firm that understands how to handle serious injury claims. Since 1961, our firm has focused on one thing: helping people injured by negligence. Our Chicago offices are conveniently located at 33 N LaSalle St. #2700 Chicago, IL 60602, one block east of Washington/Wells station on the brown line.

Despite our offices being in Chicago, our practice is nation-wide. We frequently partner with a network of trusted local attorneys in cities like Kansas City to provide thorough representation at no extra cost to you. This approach gives you the benefit of our firm’s deep experience in catastrophic injury cases combined with valuable on-the-ground insight. We have a history of securing substantial settlements and verdicts for clients who have suffered life-altering injuries.

Our commitment is to put your life back together. Here’s how:

  • Direct & Personalized Attention: You will have a direct line to our team. We make ourselves accessible to answer your questions and keep you informed.
  • No Win, No Fee Guarantee: We work on a contingency fee basis. Simply put, you pay nothing unless we successfully recover money for you.
  • In-Depth Investigation: We use private investigators and other resources to gather all necessary evidence, from witness statements to insurance details, to build a strong foundation for your claim.
We’re available for you 24/7
If you have been injured by a driver who was using a cell phone, please contact us online at Walner Law® or call (312) 410-8496 today to schedule a free consultation with one of our lawyers about your cell phone car accident.
Herbert
Mr. Walner I am so grateful for your passion dedication and professionalism.
Herbert
5/5
Monica
Kristin was so knowledgeable and guided me step by step about my options and kept me in the loop about my case.
Monica
5/5
Denise
I chose Walner Law because they made me feel like a very important client and took consideration of my medical injury at the time.
Denise
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How Much Is My Pedestrian Accident Case Worth?

A serious injury creates immediate financial pressure. Medical bills start to pile up, you may be unable to work, and the costs tied to your recovery could feel endless.

The purpose of a personal injury claim is to provide financial stability to cover every single loss the accident caused, not just the obvious ones. If calculated inaccurately, you could be left with future expenses that aren’t covered.

We pursue the maximum compensation available under Missouri law by identifying and valuing all categories of your damages. This typically includes:

  • Economic Damages: These are the tangible, calculable financial losses you have suffered.
  • Medical Expenses: All costs from the first moments of emergency care to future physical therapy and rehabilitation.
  • Lost Wages: The income you have lost while unable to work.
  • Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or earning the same income in the future.
  • Out-of-Pocket Costs: Any other expenses you’ve paid, such as for transportation to medical appointments or necessary modifications to your home.
  • Non-Economic Damages: These damages compensate you for the personal, intangible losses that don’t come with a price tag.
  • Pain and Suffering: The physical pain and emotional distress your injuries have caused.
  • Emotional Anguish: Compensation for anxiety, depression, or post-traumatic stress.
  • Loss of Enjoyment of Life: When your injuries stop you from participating in hobbies and activities you once loved.


What if I was partially at fault for the accident?

This is a common worry, but it doesn’t prevent you from recovering compensation in Missouri. Missouri follows a “pure comparative negligence” rule. It’s a legal concept that means you may still be awarded damages even if you were partly to blame for the accident.

For example, if a jury finds you were 20% at fault, your final compensation award would be reduced by 20%. Insurance companies conduct thorough investigations to find any reason to argue you hold a higher percentage of fault. Our role is to keep them accountable and ensure no amount of blame is unjustly put on you.

Kansas City’s Pedestrian Danger Zones

While an accident can happen on any street, data reveals that certain areas in Kansas City pose a much higher risk to pedestrians. In a recent year, Missouri saw a record 148 pedestrian fatalities, a 16% increase from the previous year. In Kansas City, 97 people died in traffic-related incidents in another recent year, with 17 of them being pedestrians.

High-Injury Network and Known Hotspots

The city has identified a “high-injury network” by analyzing crash data. Accidents happen most frequently at or along these major corridors and intersections:

  • Independence Avenue: Known as one of the most dangerous streets, particularly the stretch between The Paseo and Beacon Avenue.
  • Prospect Avenue: Intersections near 31st, 35th, and 39th streets are particularly hazardous.
  • 39th Street: The intersections at Troost Avenue and Broadway have seen a high number of injuries.
  • Van Brunt Boulevard: The intersection at 31st Street is known for its confusing layout and danger to pedestrians.
  • Other Noted Intersections:
  • Prospect Ave. and Truman Rd.
  • Benton Blvd. and Independence Ave.
  • Main St. and 39th St.
  • The Paseo, 63rd St., and Meyer Blvd.

What Are the Most Common Causes and Injuries?

Common Causes of Pedestrian Accidents

  • Failure to Yield: Drivers are required by law to yield to pedestrians in a crosswalk when traffic signals aren’t present or working. This is one of the most frequent causes of pedestrian injuries.
  • Distracted Driving: Using a cell phone is a primary distraction that leads to drivers not seeing pedestrians in time to stop.
  • Speeding: Drivers traveling at higher speeds have less time to react and cause more severe injuries upon impact.
  • Improper Turns: Drivers making left or right turns at intersections frequently fail to check for pedestrians who have the right-of-way.
  • Poor Visibility: Accidents increase during hours of darkness or in poor weather conditions when pedestrians are harder to see.


Injuries We See in These Cases

Because a pedestrian has no protection, the injuries are frequently severe and impacts every aspect of a person’s life.

  • Traumatic Brain Injuries (TBIs): These could range from concussions to more severe brain damage that impacts memory, concentration, and mood.
  • Spinal Cord Injuries: Damage that may lead to partial or full paralysis.
  • Broken Bones and Fractures: Commonly affecting the legs, hips, and arms.
  • Internal Injuries: Damage to organs that may not be immediately apparent right after the collision.
  • Soft Tissue Damage: Severe sprains, strains, and tears to muscles and ligaments.


What Is the Deadline for Filing a Lawsuit in Missouri?

A statute of limitations is a legal deadline for filing a lawsuit. In Missouri, you generally have five years from the date of the injury to file a personal injury claim. If you miss this deadline, you will almost certainly lose your right to seek compensation in court.

What Should I Expect from the At-Fault Driver's Insurer?

Soon after the accident, you will likely get a call from an insurance adjuster for the at-fault driver. It is important to remember their role as insurance companies, which are businesses that must balance paying out fair claims with making a profit.

The adjuster’s job is to conduct a thorough investigation, looking for any evidence to argue you were at fault or that your injuries are not as severe as you claim. They might make a quick, low offer before the full extent of your injuries is known, hoping you will accept it as medical bills begin to mount.

Our team manages all communications for you.

  • Don’t: Provide a recorded statement without speaking to a lawyer first. These statements could be used to undermine your claim later.
  • Do: Direct the insurance adjuster to your attorney. We will handle all communications on your behalf. Our role is to protect you from tactics designed to reduce your claim’s value and to present your case in the strongest possible light.

How Can I Help My Case Succeed?

  • Follow Your Doctor’s Orders: Stick to your prescribed treatment plan. Missing appointments may be used by an insurance company to argue that your injuries were not as serious as you claim.
  • Keep a Journal: Write down how your injuries affect your daily life. Note your pain levels, activities you are no longer able to do, and the emotional toll of the accident. This becomes a powerful record of your suffering.
  • Track Your Expenses: Keep every receipt related to the accident, including for prescriptions, medical devices, and transportation to appointments.
  • Stay off Social Media: Avoid posting about the accident, your injuries, or your daily activities. Insurance companies will look at your social media profiles for anything to use to contradict your claim.

Evidence Collection and Investigation Unique to Pedestrian Accidents

Pedestrian accident cases require different evidence collection techniques than typical car-on-car crashes because the victim has no vehicle damage to analyze and often suffers more severe injuries that affect their ability to recall details.

Surveillance Footage from Multiple Perspectives

Kansas City’s growing surveillance infrastructure creates multiple opportunities to capture pedestrian accidents from different angles. Traffic cameras at major intersections like Independence Avenue and Prospect Avenue record continuously, but their footage gets overwritten within 30 days unless specifically preserved. Business security cameras from nearby stores, restaurants, and office buildings often provide better angles than traffic cameras because they’re positioned to monitor sidewalks and crosswalks where pedestrians travel.

Residential doorbell cameras have become increasingly valuable evidence sources because they capture street-level activity from pedestrian perspectives rather than the elevated views of traffic cameras. However, homeowners may delete footage or their storage systems may automatically overwrite recordings within days of the incident.

Other drivers on Kansas City streets increasingly use dashboard cameras that record continuously while driving. These devices often capture pedestrian accidents from ground level, showing exactly what other drivers could see and when pedestrians became visible. The challenge lies in identifying which vehicles had cameras and obtaining their footage before drivers realize its value or accidentally delete it.

Witness Interview Strategies for Pedestrian Cases

Pedestrian accident witnesses often have perspectives that differ dramatically from typical car accident observers. Other pedestrians walking nearby see the accident from ground level and understand walking patterns, crosswalk timing, and pedestrian behavior better than drivers who witnessed the collision from their vehicles.

Witnesses in nearby buildings or at street level sometimes see the accident develop over a longer time period than those who only observed the actual impact. They may have noticed erratic driving behavior, excessive speeding, or distracted driving in the moments before the collision. However, these witnesses often leave the scene quickly or may not realize the importance of their observations until contacted later.

Vehicle Damage Analysis for Speed and Impact Reconstruction

Vehicle damage patterns in pedestrian accidents reveal different information than car-to-car crashes because human bodies create specific impact signatures on vehicle surfaces. Pedestrian contact typically occurs at bumper level initially, then progresses upward as the person is thrown onto the hood and windshield area. The height and distribution of damage indicates pedestrian size and position at impact.

Vehicle systems create mechanical records of driver behavior in the seconds before impact. Anti-lock braking systems leave different tire mark patterns than traditional braking, while skid mark length and intensity indicate whether drivers attempted emergency stops or were caught completely off-guard. Engine control modules in newer vehicles record speed, acceleration, and braking data that provides objective evidence of driver actions.

Medical Evidence Correlation with Accident Mechanics

Pedestrian injuries occur in predictable patterns based on vehicle speed, impact angle, and pedestrian position at contact. Lower leg injuries typically result from initial bumper impact, while upper body trauma occurs when pedestrians contact hoods and windshields. The severity and distribution of injuries help medical experts calculate impact forces and vehicle speeds with reasonable accuracy.

Unlike vehicle occupants protected by safety systems, pedestrians absorb the full force of vehicle impacts, often resulting in complex injury patterns that develop over time. This delayed symptom development requires ongoing medical documentation that connects later-appearing conditions to the original accident.

Psychological trauma in pedestrian cases often exceeds what vehicle occupants experience because pedestrians have time to see the approaching vehicle and realize they cannot escape impact. This anticipatory terror creates specific PTSD patterns that require specialized psychological evaluation and treatment documentation.

Your Questions About Kansas City Pedestrian Accident Claims Answered

What if the driver who hit me was uninsured?

You may still be able to recover compensation through your own auto insurance policy’s Uninsured Motorist (UM) coverage. Missouri law requires drivers to carry this coverage. We review your policy to determine your options.

What if the driver left the scene (hit-and-run)?

Similar to an uninsured driver situation, your own UM coverage may apply. It is also important that a police report was filed. We work with investigators to try and identify the driver.

Do I still have a case if I was jaywalking?

You might. Under Missouri’s pure comparative fault system, you could still be entitled to compensation even if you were partially at fault for crossing outside a crosswalk. The key is determining the driver’s share of responsibility.

A city bus or government vehicle hit me. Is my case different?

Yes. Claims against government entities in Missouri have different rules and much shorter deadlines under the state’s Tort Claims Act. It is important to speak with an attorney immediately if a government vehicle was involved.

How long will my case take to resolve?

The timeline varies greatly depending on the details of the case, the severity of your injuries, and whether the case settles or goes to trial. A straightforward case might resolve in months, while a more involved one could take a year or more.

Take the First Step with Walner Law

Jonathan Walner in a blue shirt and tie smiling

Let our experience guide you toward the recovery you need. For a free, confidential discussion about your case, call Walner Law today at (312) 410-8496.

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