A pedestrian hit by a vehicle has almost no protection, and the damage can be severe: fractures, head trauma, and spinal injuries are common even at low speeds, and the medical and financial fallout can keep building for months afterward, as we saw in one Shawnee, Kansas boy’s recovery from a coma-inducing injury. Fault depends on the specifics: whether you had the right of way, were in a crosswalk, and whether the driver was speeding, distracted, or failed to yield. Even if a pedestrian was jaywalking, a negligent driver can still bear significant, or majority, fault, since both Kansas and Missouri apply comparative fault rules that reduce your compensation by your percentage of fault rather than barring recovery outright.
Compensation can include medical expenses, both immediate and future, since injuries like a traumatic brain injury or spinal cord injury often require long-term care, along with lost income and pain and suffering. A hit-and-run doesn’t end your claim, either: both states allow uninsured motorist claims when the at-fault driver can’t be identified, and law enforcement’s accident report and nearby camera footage become critical evidence, so it’s worth requesting that footage quickly before it’s overwritten.
Call 911 after any collision, even if you think you can walk away, get the driver’s insurance information and license plate if possible, and see a doctor within a day or two regardless of how you feel.
Our office has handled pedestrian injury cases across the Kansas City metro for decades, under attorney Peter A. Jouras Jr. Call (913) 677-1999; the first conversation costs nothing.
Frequently Asked Questions
How long do I have to bring a pedestrian accident claim?
Two years in Kansas (K.S.A. 60-513), five years in Missouri (RSMo § 516.120).
Does Kansas’s no-fault threshold apply to pedestrian claims?
Yes. K.S.A. 40-3117 requires either $2,000 in medical treatment or a qualifying serious injury before a pain-and-suffering claim against the driver can proceed.
What if I was partly at fault for the accident?
You can still recover compensation, reduced by your percentage of fault, under both states’ comparative fault rules.
Who pays my medical expenses if I was hit in a hit-and-run pedestrian accident?
If your own policy or a resident relative’s policy includes Uninsured Motorist (UM) coverage, you can often recover through that coverage. UM coverage isn’t automatic in either state; drivers can typically reject it in writing, so it’s worth confirming it’s actually on the applicable policy.
Are pedestrians always considered to have the right-of-way?
Not always. While drivers must exercise due care, pedestrians must also follow traffic signals and yield right-of-way when crossing outside marked crosswalks or intersections.
For your free consultation, call (913) 677-1999
