Tom Dickerson
Tom Dickerson is a trial attorney and co-founder of Dickerson Oxton, where he focuses on personal injury, wrongful death, medical malpractice, and catastrophic injury litigation. Since launching the firm with Chelsea Oxton Dickerson in 2010, Tom has helped recover millions of dollars for injured clients through aggressive advocacy and courtroom experience. Known for his client-first approach, he is dedicated to standing up for individuals and families against insurance companies and large corporations.
The National Highway Traffic Safety Administration (NHTSA) notes that a pedestrian was killed in a traffic accident as often as once every 72 minutes in 2023. This grim statistic does not even take into account the many non-fatal pedestrian accidents that occur each year. While Missouri drivers generally aim to avoid striking pedestrians, and certainly most pedestrians are keen to avoid being struck, the truth is that any of us can find ourselves on either side of a pedestrian accident any day of the week.
Knowing what to do if you happen to be the driver in this situation can help prepare you to respond appropriately at the scene, both to protect yourself and to provide support to an injured person. At Dickerson Oxton, our Kansas City personal injury lawyers have recovered millions of dollars in damages for our clients. We are familiar with the ins and outs of Missouri liability law, and we offer free case evaluations to concerned Missourians. Call (816) 542-6599 today to connect with our staff and set up a conversation with one of our knowledgeable attorneys.
Summary of Driver Responsibilities in a Pedestrian Accident
There are many practical and legal considerations for drivers involved in pedestrian accidents in Missouri. Focusing on immediate safety, information gathering, and post-accident responsibilities may help ensure the safety of the injured pedestrian and reduce legal liability.
- Drivers should stop immediately, call 911, follow dispatcher instructions, and prioritize the pedestrian’s safety while avoiding statements that could be interpreted as admissions of fault.
- Drivers may need to respond differently when a pedestrian is conscious versus unconscious, which may include limits on moving injured individuals and the importance of cooperating carefully with law enforcement.
- Documenting vehicle damage, seeking medical assessment for all involved, and preserving records such as traffic reports can affect insurance and liability evaluations.
Dickerson Oxton, a Kansas City law firm, handles Missouri personal injury matters, including pedestrian accident cases and related liability questions.
What To Do if You Hit a Pedestrian With Your Car
If you hit a pedestrian with your vehicle, many authoritative sources recommend taking the following steps right away:
- Stop the vehicle.
- Call 911.
- Check on the pedestrian’s condition.
At this point, the 911 dispatcher who takes the call may provide specific guidance based on the information provided. Following whatever instructions the emergency dispatcher gives may help prevent further harm. The shape those instructions take will depend in large part on whether the pedestrian is conscious and responsive, and on what traffic or other hazards are present in the immediate area.
If the Pedestrian Is Awake and Able To Answer Questions
The speed at which the driver was traveling and the angle at which the vehicle struck the pedestrian can both play a role in determining the nature and severity of the individual’s injuries. If the injured person is conscious and able to communicate about his or her condition, you can pass the information they share on to the dispatcher, who will usually be able to relay that information to emergency responders to make sure they have the needed context as they approach the scene.
No Apology Needed
If the accident victim is awake, do not apologize. Many auto insurance cards include a reminder not to apologize when involved in an accident, but sometimes drivers forget this directive in the shock of the moment. Even drivers who remember may find it difficult to follow. As car accident lawyers who hear about the rattled conversations that take place in the immediate aftermath of an accident on a regular basis, we would like to suggest that apologizing is not just a strategic misstep but a humanitarian one.
The usual reason people recommend against apologizing after an accident is that an apology can sometimes be taken as an admission of fault, to the detriment of a case regarding who was responsible for the accident. This can often be a valid concern, but many individuals involved in auto accidents are inclined to overlook a second, less self-interested reason: Spending time and energy apologizing is putting the focus on your own feelings and reflexive desire to “smooth things over,” instead of lending practical assistance to someone who is in pain. Keep the focus on making sure the pedestrian is as safe as possible, and on making it easy for emergency responders to locate and gain access to the scene to provide professional assistance.
Exchange Information
If the pedestrian is in severe physical distress, then you may not be able to exchange contact information while awaiting the arrival of paramedics and law enforcement. When bodily injuries are less severe, one of the advantages of having a conscious pedestrian is the opportunity to exchange information while waiting for emergency responders to arrive. The pedestrian may not be carrying an insurance card, since they were not driving. The driver can still provide their own insurance policy information, however, and take down the pedestrian’s contact information and provide their own.
If the Pedestrian Is Unconscious or Uncommunicative
If the pedestrian has lost consciousness, or if they are awake but not able to communicate clearly in response to questions, you may have to rely on the judgment of the emergency responder to help determine whether it is safe to move the individual. Pay close attention to the dispatcher’s guidance, as it will typically be tailored to take into consideration the facts shared about the situation.
Risks of Moving Unconscious Pedestrians
Under most circumstances it is considered preferable to avoid moving an unconscious person unless it is necessary to do so for their own safety. The reason for this caution is that unconscious individuals may have internal injuries, and moving the person can sometimes make these injuries worse. When paramedics arrive, they will typically bring with them specialized equipment that can be used to “immobilize” an injured person’s neck, torso, and extremities, so that the individual can be lifted onto a gurney for transport with minimal jostling of delicate areas such as the head, spine, or internal organs.
Gathering Information When a Pedestrian Is Unconscious
Clearly, a driver will not be able to exchange contact information with someone who is unconscious, which means the driver may need to rely on the police report for contact information. Depending on where the accident occurred, you may need to submit a request with the local police department or with the Missouri State Highway Patrol. Timelines for official report completion vary, but the standing guidance from the Missouri State Highway Patrol is to submit the request 10 days after the accident in question.
Although unnecessary in many cases, the names and badge numbers of the law enforcement personnel performing the accident investigation at the scene may be helpful. This information can give another point of reference if difficulties arise in accessing and verifying records related to the incident.
Cooperate With Law Enforcement
Regardless of whether an accident falls under the jurisdiction of a local police department or the state highway patrol, the law enforcement officers who respond to the scene will likely have a number of questions for the driver involved in a pedestrian accident. Cooperate, but do not elaborate. The official reports filed after traffic incidents can often become important evidence in any type of car accident case, and it can be easy for a remark made innocently, with the intention of being helpful and thorough, to be subjected to “twisted” interpretations by another party’s legal team, long after the fact. Honest but succinct answers will often provide law enforcement personnel with the information they need to process the case; if they need more information than provided in the initial response, then they can always ask follow-up questions.
Seek Medical Assessment
In pedestrian accidents, usually the pedestrian’s injuries are the primary medical concern at the scene of the accident. Most motor vehicles offer their drivers and passengers significantly greater protection against impact injuries than a pedestrian can expect to enjoy when struck by a car or other vehicle. Nevertheless, the force of an impact and even the sudden jerk of an abrupt stop can sometimes cause injuries to the driver in a pedestrian accident, or to any passengers who may also have been in the vehicle when the collision occurred.
Whiplash and airbag injuries are among the driver injuries most likely to be associated with pedestrian accidents, and although airbag injuries will usually have at least the visible clue of airbag deployment as a sign that it may be time to seek a medical evaluation, whiplash and many other types of soft tissue injuries may not be as immediately obvious. A pedestrian accident lawyer from Dickerson Oxton may encourage individuals involved in car accidents of any kind to err on the side of safety and get a professional medical evaluation as soon as possible after any accident, even if no major injuries are readily apparent.
Document Damage
No matter what caused a pedestrian accident, or who is to blame, assuring the safety and well-being of the human beings who have become involved in such an unexpected event should always be the top priority. After those concerns have been addressed, however, the driver in a pedestrian accident will often need to turn their attention to the condition of their vehicle.
Take Photographs of Damage
This is another of those situations in which the speed of travel and angle of impact can make a significant difference in the extent of damage sustained in an accident. The size and shape of the vehicle may also play a role in whether the damage is primarily cosmetic or demands more substantial repairs. Before initiating those repairs, and even before leaving the scene of the accident if possible, take time to document any visible signs of damage to the vehicle.
Make Use of Metadata
A smartphone camera can be ideal for this type of documentation, as photos taken in this way may automatically include “metadata,” such as the date and time each image was recorded and the geospatial location as well, depending on the privacy settings on your device. Often, very fresh damage to a vehicle will have a somewhat different appearance from damage that has had a chance to “weather,” and so this type of information can sometimes prove valuable in verifying both what the damage looked like when first sustained and the fact that the damage had this fresh appearance immediately following the pedestrian accident.
Speak With a Missouri Auto Accident Lawyer
A pedestrian accident can happen for any number of reasons. Whether you are the pedestrian injured in such an accident or a driver bewildered by how this person suddenly appeared in front of your vehicle, it is normal to have legal questions in the aftermath of a pedestrian accident. While the principles of Missouri liability law will not change, often the way they are applied in a particular case can depend on the specific circumstances of the accident and even the conduct of both parties after a collision. A conversation with a pedestrian accident lawyer from the Kansas City personal injury team at Dickerson Oxton may help assess the legal situation and evaluate a path forward. Call our office today at (816) 542-6599 to schedule a free consultation.
Helpful Frequently Asked Questions About Pedestrian Accidents
Listed below are several common FAQs regarding driver responsibilities after a pedestrian accident.
What Is the First Thing a Driver Should Do After a Pedestrian Accident?
A driver should stop the vehicle immediately and call 911 to request emergency assistance. Remaining at the scene and following dispatcher instructions helps address safety concerns and ensures responders can reach the location efficiently.
Why Is Calling 911 Important Even If Injuries Seem Minor?
Some injuries may not be immediately visible, particularly internal or soft tissue injuries. Emergency responders can assess the situation, provide care, and create an official record of the incident.
Should a Driver Apologize After Hitting a Pedestrian?
An apology may be interpreted as an admission of fault in later insurance or legal disputes. The focus should remain on safety, communication with emergency services, and practical assistance rather than statements about responsibility.
What Information Should Be Exchanged After a Pedestrian Accident?
Drivers should provide insurance and contact information, and record the pedestrian’s contact details when possible. When the pedestrian is unable to communicate, drivers may later rely on police reports to obtain necessary information.
Is It Safe to Move an Injured Pedestrian?
Moving an injured or unconscious pedestrian can worsen internal or spinal injuries. Unless there is an immediate danger, drivers should wait for guidance from emergency dispatchers or paramedics.
How Should Drivers Interact With Law Enforcement at the Scene?
Drivers should cooperate respectfully and answer questions honestly but concisely. Official accident reports can influence later claims, so limiting speculation or unnecessary detail is generally advisable.
Why Should Drivers Seek Medical Evaluation After a Pedestrian Accident?
Drivers and passengers may experience injuries such as whiplash or airbag-related trauma that are not immediately apparent. A timely medical assessment can help identify and document these conditions.
Why Is Documenting Vehicle Damage Important?
Photographs taken soon after the accident can capture the extent and timing of damage. Metadata such as date, time, and location may help verify when and where the damage occurred.
How Can Dickerson Oxton Assist With Pedestrian Accident Matters?
Consider visiting with an experienced attorney at Dickerson Oxton to learn more about legal options following a pedestrian accident. Attorneys at the firm could help clarify how Missouri liability laws may apply and outline potential paths for addressing insurance and injury-related concerns.