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Protections Under The Law For Pedestrians Injured By Speeding Vehicles

Posted by Bautista Leroy | Mar 27, 2018 | 0 Comments

pedestrians injured by speeding vehicles

Speeding increases the risk of pedestrian injuries or fatalities due to drivers exceeding speed limits, and having less time to react when pedestrians cross roads, walk along sidewalks, or jog on roadways. This results in accidents with greater force, leading to injuries like traumatic brain injuries, broken bones, or spinal cord damage. Personal injury claims exist for victims injured by speeding motorists, and understanding their legal remedies is crucial for effectively navigating legal systems.

In pedestrian accidents caused by speeding, a driver's negligence can be determined. Traffic law mandates safe driving, including adhering to speed limits and adapting speed based on road conditions. Speeding during an accident indicates negligent behavior, and even if drivers are within their speed limits but need to decrease due to heavy pedestrian traffic, poor visibility, or poor weather, they could still be held liable for slower speeds on certain roads.

Evidence must exist to demonstrate that speeding caused an accident. Traffic camera footage, eyewitness testimony, police reports, and expert accident reconstruction analyses all help establish driver speed at impact. Medical records documenting injuries also serve as key pieces of proof regarding damages sustained in an accident; event data recorders (black boxes) of vehicles can provide vital details regarding vehicle speed before an impact.

Comparative negligence can arise in pedestrian accidents caused by speeding, where the defense may argue that the pedestrian contributed partially to the crash through behaviors like jaywalking or crossing outside designated crosswalks. Many jurisdictions offer comparative negligence laws, allowing injured parties to claim compensation even when partially responsible, with compensation adjusted based on each party's contribution.

Speeding drivers can file personal injury claims for pedestrians, claiming compensation for medical bills, lost wages, rehabilitation expenses, and pain and suffering costs. Punitive damages may be available for excessive speeding, reckless driving, or impaired driving. If insurance is not available, victims can file uninsured/underinsured motorist claims through their policies, providing full compensation from both parties involved. If the driver lacks insurance, they can file these claims according to policy terms.

Families of pedestrians killed due to speeding can file wrongful death claims to receive compensation for funeral costs, financial loss, and emotional suffering caused by speeding drivers. Such lawsuits serve two functions: holding negligent drivers responsible while offering financial assistance financially for grieving family members.

Cities and local governments can reduce pedestrian accidents caused by speeding by implementing infrastructure upgrades such as lowering speed limits, installing speed bumps or pedestrian islands, increasing enforcement through speed cameras, and conducting public awareness campaigns to educate drivers and pedestrians on road safety practices.

Legal protections exist to assist pedestrians injured by speeding drivers in receiving justice and compensation from them. Although enforcement of traffic laws and improvements to infrastructure may help decrease accidents, victims still require taking legal action if their rights have been violated.

For inquiries related to traffic accident laws or injury laws, or to hire an accident attorney, contact the legal professionals of Bautista LeRoy LLC through this number 816-221-0382 or email them at [email protected]. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.

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Kansas City, MO 64111
816-221-0382

Bautista LeRoy LLC is located in Missouri, providing representation for Catastrophic Injury Cases, including Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, and Medical Malpractice. Contact us today to schedule an appointment.

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