Getting hit by a vehicle as a pedestrian can be one of the most traumatic experiences a person can go through. Victims often face serious injuries, high medical bills, and long recovery periods.
In St. Louis, pedestrian safety has become a growing concern. According to the Missouri Department of Transportation, pedestrian fatalities have been on the rise, with distracted driving and speeding among the leading causes. Missouri law generally gives pedestrians the right of way at crosswalks, but proving fault after an accident can still be complex.
That’s why it’s so important to consult with a St. Louis pedestrian accident attorney if you’ve been hit while walking. Having a legal expert on your side can help ensure you’re treated fairly during the claims process and prevent you from making costly mistakes.
Even small missteps after the accident, like what you say to insurance adjusters or how you handle medical care, can seriously hurt your chances of receiving a fair settlement. This article will explore some of the most common mistakes pedestrians make after an accident and how to avoid them.
Common Mistakes That Can Jeopardize Your Pedestrian Accident Claim
1. Failing to Seek Immediate Medical Attention
Some pedestrians assume they’re fine after an accident, especially if adrenaline masks their pain. However, delaying medical care can worsen injuries and hurt your claim. Insurance companies often argue that gaps in treatment mean your injuries weren’t serious.
Under Missouri law (RSMo § 490.715), medical records are key evidence in personal injury cases. If you wait too long to see a doctor, the insurer may deny your claim, arguing your injuries weren’t caused by the accident. Always get checked by a medical professional, even if you feel okay at first.
2. Not Calling the Police or Documenting the Scene
Missouri law (RSMo § 577.060) requires drivers involved in accidents resulting in injury or death to report the crash to police. If the at-fault driver tries to avoid calling authorities, insist on filing a report. A police document provides an official record of the incident, witness statements, and the officer’s initial assessment of fault.
If possible, take photos of the scene, your injuries, vehicle damage, traffic signals, and road conditions. This evidence can be crucial if the driver later disputes liability.
3. Admitting Fault or Apologizing
After an accident, emotions run high, and you might unintentionally say something like, “I didn’t see you!” or “I’m so sorry.” These statements can be twisted to imply fault. Missouri follows a pure comparative negligence rule (RSMo § 537.765), meaning your compensation can be reduced by your percentage of fault.
Even if you think you might share some blame, let investigators determine liability. When speaking to the other driver, police, or insurers, stick to factual statements.
4. Giving a Recorded Statement to the Insurance Company
Insurance adjusters often ask for a recorded statement shortly after the accident. Their goal is to find inconsistencies or downplay your injuries. You are not legally required to provide one.
Missouri law allows insurers to use your words against you to minimize payouts. Politely decline and direct them to your legal representative instead.
5. Settling Too Quickly
Insurance companies may offer a fast, lowball settlement before you know the full extent of your injuries. Once you accept, you typically waive your right to further compensation, even if complications arise later.
Under Missouri law (RSMo § 408.040), personal injury claims must account for future medical costs, lost wages, and pain and suffering. Never accept an offer without consulting a legal professional.
6. Posting on Social Media
Insurers and defense attorneys scour social media for posts that contradict your injury claims. A simple photo of you smiling at a family event could be misconstrued as proof you’re not seriously hurt.
Avoid posting about the accident, your recovery, or any activities until your case is resolved. Adjust your privacy settings and ask friends and family not to tag you.
7. Not Hiring a Lawyer and Handling the Claim Alone
Pedestrian accident claims involve complex laws, aggressive insurers, and strict deadlines. Missouri’s statute of limitations (RSMo § 516.120) gives you just five years to file a personal injury lawsuit, but evidence disappears much faster
An experienced lawyer can:
- Investigate the crash thoroughly
- Negotiate with insurers for maximum compensation
- Ensure all damages (medical bills, lost wages, pain and suffering) are included
Protect Your Rights After a Pedestrian Accident
Avoiding these mistakes can make the difference between a denied claim and a fair settlement. If you’ve been injured, take the right steps early—seek medical care, document everything, and get professional legal guidance.
By understanding Missouri’s laws and insurance tactics, you can protect your rights and secure the compensation you deserve for your injuries and losses.
