Chelsea Dickerson
Dickerson Oxton attorney Chelsea Dickerson is a dedicated advocate for injury victims, focusing her practice on personal injury and mass tort litigation. As co-founder of the firm, she has helped recover millions of dollars for clients in serious injury, trucking accident, motorcycle accident, and wrongful death cases. Chelsea is known for her aggressive, evidence-driven approach and her commitment to holding insurance companies and negligent parties accountable. She also represents consumers nationwide in complex pharmaceutical and medical device litigation.
According to the Governors Highway Safety Association (GHSA), projected numbers for 2024 showed more than 7,000 pedestrian fatalities. Some of these fatal accidents undoubtedly occurred because pedestrians and motorists were confused about the right of way. The right of way is not a single rule but a system of regulations that ensures safety for pedestrians, cyclists, and motorists. These regulations often become a point of contention between injured parties and negligent motorists after accidents, and both sides may argue that they had the right of way.
Injured pedestrians may want to speak with an experienced pedestrian accident attorney in Kansas City to determine whether they have the right to file a personal injury claim. Dickerson Oxton is a personal injury firm with a 98% success rate and over 80 years of personal injury experience. Injured pedestrians may schedule consultations with Dickerson Oxton by contacting us at (816) 542-6599.
How Does Right of Way Help Pedestrians Determine Fault?
At its core, the right of way is a method for determining fault after a pedestrian accident. When a motorist strikes a pedestrian, one of the first steps should be to determine who had the right of way. The answer may lay the foundation for a personal injury claim that could provide meaningful compensation to the injured pedestrian. The right of way depends on numerous factors, including road signage and marked crosswalks. Pedestrians do not “automatically” have the right of way.
Summary of Pedestrians and the Right of Way
Pedestrian right-of-way laws play a central role in determining fault and liability after pedestrian accidents in Kansas City. Pedestrians may have the right of way in marked and unmarked crosswalks, at intersections with stop signs or traffic signals, on sidewalks, and in most parking lots, although the right of way depends on specific roadway conditions and signage.
Kansas City eliminated jaywalking penalties in 2021, which means pedestrians are no longer automatically barred from pursuing compensation based solely on crossing outside a crosswalk. Missouri follows a pure comparative negligence system, allowing injured pedestrians to potentially seek compensation even when they share significant responsibility for an accident.
Dickerson Oxton is a Kansas City personal injury law firm that represents pedestrians and families across the region in matters involving right-of-way disputes and pedestrian accident claims.
What Is the Right of Way?
The right of way is one of the oldest systems of traffic laws, and it predates motorized vehicles. According to the Federal Highway Administration, the practice of staying on the right side of the road stems from the necessities of self-defense during the “Wild West” era. This theory states that Americans preferred to ride on the right side of the road because they kept their pistols “in the hollows of their left arms” and preferred to draw across their bodies when confronted with danger. This was also a common practice among U.S. cavalrymen. Driving on one side of the road is only one aspect of the “right of way,” and there are many other rules involved.
For example, a pedestrian generally has the right of way when using a marked crosswalk. A pedestrian may also have the right of way at an intersection if there is a stop sign, which is considered an “unmarked crosswalk.” This is because a stop sign requires a motorist to stop and “yield” the right of way. Perhaps most obviously, a pedestrian has the right of way at a crosswalk with traffic lights. In this situation, right-turning vehicles must yield to pedestrians on a red light, and left-turning vehicles must yield to pedestrians on a green light.
Consider speaking with a skilled Kansas City attorney today to learn more about right of way laws.
Does Kansas City Have Jaywalking Laws?
In 2021, Kansas City formally removed its prohibition against jaywalking. In doing so, the municipality joined many other states and cities throughout the nation. At the time, the City Council believed that fines and penalties for jaywalking did not do much to improve safety, and that jaywalking laws unfairly targeted impoverished communities. The end of jaywalking penalties may also affect the outcome of pedestrian accident lawsuits.
Under the previous system, a pedestrian might be automatically barred from pursuing compensation if they were jaywalking at the time of their accident. With jaywalking laws eliminated in Kansas City, courts may no longer assume that a pedestrian is 100% responsible for their own injuries if they jaywalked. This more nuanced approach may allow injured pedestrians to pursue higher compensation after facing accusations of jaywalking. Missouri follows a system of pure comparative negligence, which means that even if a pedestrian is 99% responsible for their own injuries, they could still potentially pursue compensation.
Pedestrians Always Have the Right of Way in Certain Areas
Although the right of way might be somewhat unclear in certain situations, pedestrians always have the right of way in certain areas. For example, pedestrians automatically have the right of way in most parking lots. Drivers should exercise caution when navigating parking lots and assume that people will be walking to and from their vehicles. Under Kansas City law, a parking lot is not a road. Pedestrians also have the right of way on sidewalks. These areas are reserved solely for pedestrians, although motorists may need to cross sidewalks in certain situations.
For example, a driver might need to drive across a sidewalk when pulling out of a driveway, alley, or parking lot. In this situation, pedestrians always have the right of way. Drivers must yield to pedestrians when pulling out of alleys, driveways, or parking lots.
How Do I Determine Whether I Had the Right of Way After a Pedestrian Accident?
Injured pedestrians may not be sure about whether they had the right of way. Some may not even remember these accidents clearly, especially after suffering traumatic brain injuries. The local authorities will likely investigate these accidents, and investigators may eventually determine who had the right of way. An experienced personal injury attorney may also help in this regard, potentially helping the victim gather evidence. Traffic surveillance footage could be particularly useful in this situation.
Learn More About the Right of Way With Dickerson Oxton
The right of way can be a deceptively complex concept. After many pedestrian accidents, both sides may argue that they did nothing wrong. Because pedestrian accidents often prove fatal, the victim may not be alive to advocate for themselves. This responsibility may fall instead to the family of the victim and their legal counsel. During a pedestrian accident claim, it may be necessary to reconstruct the accident to determine who had the right of way. This may require various forms of evidence, and an experienced personal injury attorney in Kansas City could help in this regard. While online research could be a positive initial step for victims and their families, each pedestrian accident is slightly different. To discuss the specifics of an accident, consider contacting Dickerson Oxton at (816) 542-6599. We serve victims and their families throughout Kansas City.
Essential Frequently Asked Questions About the Right of Way
Read below to find some of the many common questions about pedestrians and right of way in Kansas City.
What Does the Right of Way Mean in Pedestrian Accidents?
The right of way refers to a set of traffic rules that determine who must yield in a given situation. In pedestrian accidents, these rules are often used to evaluate fault and assess whether a personal injury claim may be viable.
Do Pedestrians Always Have the Right of Way in Kansas City?
Pedestrians do not automatically have the right of way in every situation. The determination depends on factors such as crosswalk markings, traffic signals, stop signs, sidewalks, and parking lot conditions.
When Do Pedestrians Have the Right of Way at Crosswalks?
Pedestrians generally have the right of way in marked crosswalks and at intersections considered unmarked crosswalks. Vehicles turning at intersections must often yield to pedestrians when traffic signals or stop signs require it.
How Did the Removal of Jaywalking Laws Affect Pedestrian Claims?
Kansas City removed jaywalking penalties in 2021, reducing the assumption that pedestrians are automatically at fault for crossing outside a crosswalk. Courts may now take a more nuanced approach when evaluating responsibility after a pedestrian accident.
What Is Pure Comparative Negligence in Missouri?
Pure comparative negligence allows an injured pedestrian to pursue compensation even if they are mostly responsible for the accident. Any recovery may be reduced based on the percentage of fault assigned to the pedestrian.
Do Pedestrians Have the Right of Way in Parking Lots and on Sidewalks?
Pedestrians typically have the right of way in parking lots and on sidewalks. Drivers must yield when crossing sidewalks or navigating areas where pedestrian movement is expected.
How Is the Right of Way Determined After a Pedestrian Accident?
Right-of-way determinations may rely on police investigations, traffic signage, surveillance footage, and witness statements. In some cases, accident reconstruction and additional evidence may be necessary.
How Can Dickerson Oxton Assist With Pedestrian Right-of-Way Cases?
Attorneys at Dickerson Oxton could help clarify how right-of-way laws apply to a specific pedestrian accident. The team works to ensure individuals and families understand their rights, available legal options, and potential paths forward under Missouri law.