When most people hear about a pedestrian accident, they instinctively blame the driver. After all, pedestrians are among the most vulnerable people on the road, and drivers have a legal responsibility to exercise caution. While this is often true, the reality of pedestrian accidents in Missouri is more complex than it might seem. Fault is not always black and white, and in many cases, pedestrians themselves—or even third parties—may share some responsibility for the incident.
Understanding how fault is determined is critical for both drivers and pedestrians. Missouri follows a comparative fault system, which means that multiple parties can be held accountable in varying degrees. Insurance companies often exploit this complexity to reduce or deny compensation, regardless of how severe the injuries may be. That’s why it’s essential to have skilled legal representation on your side. Choose Miller & Hine—a leading St. Louis personal injury law firm known for standing up to insurance companies and winning. With the right legal team, you can pursue fair compensation—even when fault is disputed.
Missouri’s Comparative Fault System Explained
Missouri law uses a “pure comparative fault” rule, which means that fault for an accident can be divided between all parties involved, including the pedestrian. If a pedestrian is found partially responsible—for example, if they were jaywalking or distracted by a phone—their compensation could be reduced proportionally. This rule doesn’t eliminate a pedestrian’s right to recover damages, but it can significantly impact the final settlement or court award.
This system requires a thorough examination of all circumstances surrounding the accident. Weather conditions, visibility, traffic signals, and both parties’ behavior are all taken into account. Legal teams use evidence like surveillance footage, eyewitness accounts, and accident reconstruction to determine how fault should be distributed. Without strong representation, victims may find themselves unfairly assigned a larger portion of the blame, reducing the compensation they receive for medical expenses, lost wages, and emotional distress.
When Pedestrians Share the Blame
While pedestrians generally have the right of way in crosswalks, they’re still expected to obey traffic laws. If a pedestrian crosses against a signal, darts into traffic suddenly, or walks in unlit areas at night without reflective clothing, their actions can contribute to the cause of an accident. These behaviors can shift partial responsibility onto the pedestrian—even if the driver was speeding or distracted.
For example, a pedestrian who is intoxicated or wearing headphones while crossing a busy intersection may not hear a vehicle or notice a red light. In these cases, insurance companies may argue the pedestrian’s negligence contributed to the crash. Proving otherwise—or minimizing the perceived level of fault—requires legal expertise and evidence that supports the pedestrian’s right to recover.
Driver Responsibility Isn’t Absolute
Drivers have a legal obligation to exercise care when operating a vehicle, especially in areas with heavy foot traffic. However, that does not mean they are automatically 100% at fault in every accident involving a pedestrian. There are situations where a driver could not have reasonably avoided a collision, particularly if the pedestrian acted unpredictably or was not following the law.
This distinction becomes especially important in court or during insurance negotiations. Just because someone was injured as a pedestrian doesn’t mean they’re automatically entitled to full compensation. Drivers and their insurance companies will argue aggressively to limit liability. That’s why it’s important for injured pedestrians to be prepared for pushback, even when their case seems clear-cut.
Third-Party Negligence and Unsafe Conditions
In some pedestrian accident cases, neither the pedestrian nor the driver is entirely to blame. Dangerous road conditions, malfunctioning traffic lights, poor signage, or inadequate lighting can create unsafe environments that lead to accidents. When this happens, municipalities, construction companies, or property owners may bear partial or full responsibility.
Holding these third parties accountable requires swift investigation and legal know-how. For instance, if a city failed to maintain a clearly marked crosswalk or didn’t repair a broken signal light, their negligence may have created the conditions for the accident. Identifying and proving third-party liability can increase the amount of compensation available and ensure the real root causes are addressed.
The Role of Evidence in Proving Fault
Establishing fault in pedestrian accidents hinges on the quality and timeliness of the evidence. Police reports, dashcam footage, surveillance videos, and medical records all play a vital role. In some cases, accident reconstruction experts may be called in to recreate the scene and clarify who was responsible for what actions.
Eyewitness statements and digital footprints—like cell phone use or GPS data—can also influence how fault is assigned. For this reason, it’s essential to begin gathering evidence immediately after an accident. A personal injury attorney can help preserve this evidence, issue subpoenas if needed, and ensure that nothing critical is lost or overlooked during the claims process.
How Fault Impacts Your Compensation
In Missouri, the amount of compensation you receive is directly affected by your percentage of fault. If a pedestrian is found to be 20% at fault for the accident, their total compensation will be reduced by 20%. So, a $100,000 judgment would result in an actual payout of $80,000. Understanding this structure is key when calculating potential settlements or preparing for trial.
Because of this system, insurance companies work hard to inflate the pedestrian’s share of blame to minimize their financial responsibility. They may argue that injuries were caused or worsened by the pedestrian’s own actions. Without strong legal representation, victims risk having their compensation unfairly slashed—even when their injuries are severe and life-altering.
Insurance Tactics and Legal Roadblocks
Insurance companies have a clear goal: protect their profits by minimizing payouts. Especially in pedestrian injury cases, adjusters use strategic tactics to limit compensation. Without legal support, many victims face unnecessary hurdles that can jeopardize their claim.
Common insurance tactics and challenges include:
- Downplaying the severity of injuries to justify lower settlements
- Shifting blame onto the victim to avoid full liability
- Rushing the settlement process before long-term effects are fully known
- Exploiting the absence of legal counsel to pressure victims into unfair agreements
- Using recorded statements or paperwork to undermine the victim’s case
- Delaying the claims process to wear down the injured party
Taking the Right Legal Steps After an Accident
If you’ve been hit as a pedestrian, the steps you take in the hours and days following the accident can shape your legal future. Seek immediate medical attention, even if injuries seem minor, and report the accident to law enforcement. Document the scene with photos, gather witness contact information, and avoid making any statements to insurers until you’ve spoken to an attorney.
Time is also a factor. Missouri’s statute of limitations gives you a limited window to file a personal injury claim. Partnering with an experienced legal team ensures all deadlines are met and your rights are protected from day one. With guidance from trusted advocates like Miller & Hine, you can move forward with confidence—armed with a strategy that holds all responsible parties accountable and maximizes your compensation.