Pedestrians feel sidewalks are safe places, but life is unpredictable and anything could happen at any time and lead to serious injury. If you were harmed or a person near you was harmed while proceeding on a sidewalk or crosswalk, you would have to be aware of what should be done next. Consult with a skilled personal injury lawyer in Kansas City right away. This web page addresses your remedy and legal rights when such accidents occur.
Understanding Sidewalk and Crosswalk Accidents in Kansas City
Sidewalks and crosswalks are placed to ensure the safety of pedestrians. However, the accidents still occur because of damaged or uneven pavement, lack of proper light, or negligent drivers. The injuries range from as superficial as bruises and cuts to as terrible as bones being broken or even death.
The most common reasons for sidewalk and crosswalk accidents are:
- Tripping on uneven or cracked pavement
- Blocking of the sidewalk by barriers
- Red light running by drivers at crosswalks
- Painted crosswalk lines that are tightly painted
Unauthorized turns by cars or speeding within the presence of pedestrians Few individuals know that they can sue another person for crosswalk or sidewalk injuries. If the city did not maintain the area properly or if the driver was negligent, you might have a case.
Who Is At Fault?
Crosswalk and sidewalk accidents are hard to lay the blame on. Depending on the situation, there are several parties that may be at fault:
- City or municipal government: The city could be at fault if the crosswalk or sidewalk was not in good condition. Some of these include potholes, cracked sidewalks, or lack of signs.
- Drivers: When a car drives over somebody on the highway when that person is in a crosswalk, more often than not it’s the driver’s fault, especially if they were violating traffic law.
- Property owners: Property owners who happen to be present from time to time are also liable for maintaining the sidewalk in repair. If they throw trash onto the sidewalk, they could be held liable legally.
- Other pedestrians: Although uncommon, another pedestrian who made you trip over them or push them over and then tumble can be held accountable.
Ensure that you watch the one who owes you for your accident so that you can get a payment.
What Are Your Legal Options?
You are entitled to compensation by law following an accident. These are your best alternatives:
1. Sue the City
If what caused your accident was a defective crosswalk or sidewalk, you can sue the city government of Kansas City. As a surprise, the city actually has a system for paying claims for injuries resulting from defective sidewalks. Do keep in mind that the city also has statutes of limitation, or deadlines, when they must file cases. You need to act quickly in attempting to protect your rights.
2. Sue an Insured Driver
If you were crossing the street in a crosswalk and got hit by a driver, you can sue the insurance firm on his or her car. This kind of lawsuit will give reimbursement for medical expenses, lost time, and pain and suffering. Insurance firms will try to pay you less. A lawyer will get you a fair settlement.
3. Sue
If the insurance claims or the city won’t work, you can sue. In some situations, a lawsuit will be necessary to apportion fault and damages.
A lawsuit is stressful and time-consuming but in certain situations the best way of obtaining full compensation.
What Types of Damages Can You Recover?
Injuries you have incurred from being struck by a crosswalk and sidewalk accident can recover all types of damages, including:
- Medical expenses for treatment
- Lost wages if you had to leave your job
- Pain and suffering damages
- Future expense of care in the event that the injuries are permanent
- Damage to property, such as scratches on a telephone or glasses
It will be determined based on the severity of your injuries and the cause of the accident.
What to Do After a Crosswalk or Sidewalk Accident in Kansas City
Knowing what to do following an accident will keep your legal rights intact. Do the following:
- Immediate medical care – Even a minor injury needs to be checked by a doctor. Certain injuries can’t be seen later.
- Make a report – Have the police report the accident. The police report is used to determine fault.
- Take a photo of the accident – Take photos of where the accident happened, injuries, and sidewalk or crosswalk damage.
- Get witness contact information – Get the names and phone numbers of any witnesses to the accident.
- Record receipts and records – Record the receipts for medical treatment received and any forms for lost wages.
- Speak with an attorney – A lawyer in Kansas City who is knowledgeable about the Kansas City ordinances will be your representative during your case.
Why You Should Retain a Kansas City Accident Attorney?
Sidewalk and crosswalk accident claims usually hang by a thread. A local experienced Kansas City Pedestrian Accident attorney knows traffic laws and city ordinances. They can:
- Investigate why you crashed
- Gather evidence to construct your case
- Negotiate with insurance companies
- File suit or claim in timely manner
- Get your maximum award
Most attorneys practice on contingency fees, so they will not be paid if they lose your case.
How Much Time Do You Have to Sue?
Typically, in Kansas City, you have two years from when the accident occurred to bring an action for personal injury. There may be less time to sue the city. If you allow these time frames to lapse, you might be barred from recovery. Don’t wait to watch out for your rights.
Sidewalk and Crosswalk Safety
Although you cannot avoid all accidents, these are some suggestions on how you can be more alert about being safe:
- Walk along sidewalk roads and heed traffic lights
- Be careful of turning vehicles and speeding vehicles
- Don’t get distracted by phones on the street
- Call the city to report no light or broken sidewalk
- Get dressed very brightly at night so you can be seen
Watching out will prevent you from getting hurt.
Frequently Asked Questions (FAQs)
1. Can you sue Kansas City if you are hurt by a broken sidewalk?
Yes, but show the city knew of the fault and didn’t react. Sue within the statute of limitations of the city.
2. What do I do if I’m hit by a driver who hits me while I am legally crossing the street?
The driver is probably negligent. You can sue his or her firm for your damages.
3. How do I obtain money for an accident on a sidewalk?
Payment depends on the extent of injury, medical expenses, time lost at work, and distress suffered. Your case can be pored over by a lawyer for money.
4. Do I need a lawyer for a crosswalk accident?
Not particularly but a lawyer defends your rights and gets you fair settlements.
5. What if the accident was partially my fault?
Kansas is a comparative fault jurisdiction. Your recovery is reduced by your share of fault but you may recover partial damages.