Can You Sue if a Driver Hits You on the Sidewalk?
Being struck by a vehicle while walking on the sidewalk can be a terrifying and life-changing experience. In addition to the physical injuries, there’s often emotional trauma and confusion about what legal options are available. Victims may struggle with medical bills, lost wages, and the fear of facing the driver’s insurance company alone.
If you’ve been injured on a sidewalk in Kansas, you have rights and options to seek compensation. Townsend Law, LLC helps clients in Kansas City, Overland Park, and across Missouri pursue justice after pedestrian accidents. Reach out to us today to learn how our KC personal injury lawyers can help.
Legal Basis for Filing a Personal Injury Claim
If a driver hits you on the sidewalk, you may be entitled to file a personal injury lawsuit. The key is establishing that the driver acted negligently or recklessly and that their actions directly caused your injuries.
In general, negligence is determined by whether the driver owed you a duty of care, breached that duty, and caused harm as a result. Sidewalks are intended for pedestrian use, meaning drivers have a heightened responsibility to avoid endangering walkers.
Filing a claim doesn’t just help cover medical costs; it also holds negligent drivers accountable for the harm they cause. Personal injury claims provide a way to seek justice while recovering financial damages for your losses.
Common Causes of Sidewalk Accidents
Pedestrian accidents on sidewalks can happen in many ways. Drivers might lose control of their vehicle, fail to stop, or act recklessly, causing serious injuries to bystanders. Recognizing common causes helps illustrate why these cases are valid for personal injury claims. Frequent causes include:
Loss of control: Vehicles slipping on ice, wet roads, or uneven surfaces may veer onto sidewalks.
Distracted driving: Texting, phone calls, or other distractions increase the likelihood of hitting pedestrians.
Speeding: Driving too fast reduces reaction time and increases the severity of injuries.
Driving under the influence: Alcohol or drugs impair judgment and motor control, making accidents more likely.
Improper turning: Drivers failing to check sidewalks when turning into driveways or intersections.
Identifying these causes can strengthen your personal injury claim by establishing that the driver failed to act responsibly, demonstrating negligence, and supporting your right to compensation for both physical and emotional damages.
Types of Damages You Can Recover
After being hit on the sidewalk, victims often face both economic and non-economic losses. Recovering damages can help ease the financial strain, cover unexpected expenses, and allow you to focus on healing. Damages typically include:
Medical expenses: Emergency room visits, surgeries, medications, and rehabilitation costs.
Lost wages: Compensation for income lost while recovering from your injuries.
Loss of earning capacity: If injuries affect your ability to work in the long term.
Pain and suffering: Compensation for physical discomfort and emotional distress.
Property damage: Repair or replacement of personal items, such as smartphones or mobility devices, damaged in the accident.
Recovering these damages requires documentation, including medical records, receipts, and employment records, to demonstrate the financial and emotional impact of the accident, support legal claims, and facilitate full and fair compensation for all losses incurred.
Gathering Evidence After a Sidewalk Accident
Evidence is essential in supporting a personal injury claim after a sidewalk accident. Collecting details immediately after the accident helps create a strong case and shows the driver’s negligence. Important evidence includes:
Photographs of the scene: Images of the sidewalk, vehicle, and surrounding area.
Witness statements: Accounts from people who saw the accident occur.
Medical records: Detailed documentation of injuries, treatments, and prognosis.
Police reports: Official accounts that can establish the driver’s fault.
Surveillance footage: Cameras from nearby businesses or traffic cameras may capture the accident.
Collecting this evidence as soon as possible helps establish a clear chain of events. A well-documented case increases the likelihood of a fair settlement or successful verdict, provides credibility to your claims, and makes sure that all contributing factors and responsible parties are accurately represented during legal proceedings.
Filing a Personal Injury Claim
Filing a personal injury claim involves several steps to demonstrate negligence and prove damages. While the process may feel intimidating, having knowledgeable legal support makes a significant difference. Steps often include:
Consulting an attorney: Discussing your accident with a law firm like Townsend Law, LLC, can clarify your rights and options.
Investigation: Gathering evidence to support your claim.
Demand letter: Presenting your case to the driver’s insurance company.
Negotiation: Seeking a fair settlement based on your documented losses.
Filing a lawsuit: If the insurance company refuses a reasonable offer, taking the case to court may be necessary.
These steps help make sure your claim is fully prepared and maximizes your potential recovery. By gathering evidence early, maintaining detailed medical and expense records, and working closely with an experienced attorney, victims can strengthen their case, avoid costly mistakes, and improve their chances of receiving fair compensation.
Statute of Limitations in Kansas and Missouri
Timing is critical when filing a personal injury lawsuit. In Kansas, the statute of limitations for personal injury claims is generally two years from the date of the accident. Missouri has similar time limits for filing claims.
Missing these deadlines can result in losing your right to pursue compensation, so it’s important to act quickly after the accident. Consulting an attorney promptly helps preserve evidence, witness testimony, and your legal rights.
The Emotional Impact of Sidewalk Accidents
Beyond physical injuries, being struck on a sidewalk can cause significant emotional trauma. Fear, anxiety, and post-accident stress are common and may last long after the physical injuries heal.
Seeking a personal injury claim not only addresses financial losses but also acknowledges the emotional and psychological toll of the accident. Recovering damages can help provide some stability during a difficult time and allow you to focus on your well-being.
Emotional recovery often requires professional support, such as therapy or counseling, to rebuild confidence and regain a sense of normalcy. Compensation can help cover these necessary treatments, giving victims the resources to manage ongoing pain, restore emotional balance, and rebuild their quality of life after a traumatic pedestrian accident.
Preventing Sidewalk Accidents
While victims can’t always control accidents, understanding preventive measures can reduce the risk of pedestrian injuries. Drivers should remain vigilant, avoid distractions, and adhere to speed limits, especially in areas with heavy foot traffic. Pedestrians also play a role by staying aware of their surroundings, using crosswalks, and avoiding hazardous conditions when possible.
Contact a Lawyer Today
If you’ve been hit by a vehicle on a sidewalk in Kansas, it’s important to take action promptly. The longer you wait, the more difficult it can be to argue your case in court. Filing a personal injury claim can help recover compensation for medical bills, lost income, pain, and suffering while holding the responsible driver accountable.
At Townsend Law, LLC, we help clients in Kansas City and Overland Park, Kansas, and throughout Missouri pursue justice after pedestrian accidents. We work to gather evidence, negotiate with insurers, and, if necessary, litigate to protect your rights and recover the compensation you seek.
Reach out to us today to schedule a consultation. We’re here to support you, advocate for your interests, and guide you through the process so you can focus on healing.
