Pedestrian accidents in Kansas are more common than you might think. With pedestrian fatalities and injuries rising every year, it’s crucial to understand who is at fault in these accidents and what you can do to protect your rights. Whether you are the victim of a pedestrian accident or have been involved in one, knowing how to proceed legally is essential to ensure you receive the compensation you deserve.
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Determining Fault in a Pedestrian Accident in Kansas 
In Kansas, determining who is at fault in a pedestrian accident is often not a straightforward process. Several factors come into play when deciding liability, and it’s not always just the driver or the pedestrian who is at fault. Understanding these factors can help you figure out what steps to take next after an accident.
Pedestrian Fault and Liability
Pedestrians have a duty to follow the rules of the road, just like drivers. If a pedestrian is crossing the street illegally, such as jaywalking or crossing outside of a marked crosswalk, they may be found partially or fully at fault for the accident. In Kansas, a pedestrian’s failure to follow traffic laws can contribute to the accident and reduce the damages they are entitled to. If a pedestrian’s actions directly lead to the crash, it can impact their ability to recover compensation for medical bills, lost wages, and other damages.
Pedestrian accidents involving reckless behavior, such as running into the street without looking or ignoring traffic signals, can also shift blame to the pedestrian. However, just because a pedestrian might be partially at fault does not mean they will not have a valid claim for damages. Kansas follows comparative fault laws, meaning a pedestrian can still recover compensation even if they are partially responsible for the accident, but the compensation will be reduced by their percentage of fault.
Driver Fault and Liability
On the other hand, drivers are legally required to yield the right of way to pedestrians in crosswalks and must exercise caution when driving in areas where pedestrians are present. If a driver fails to stop at a crosswalk, drives recklessly, or is distracted while driving, they could be held fully or partially responsible for the accident.
In Kansas, if a driver is speeding, texting, or driving under the influence of alcohol or drugs, they are more likely to be found at fault. Even if the pedestrian is crossing the street improperly, a driver’s negligence, such as failing to look out for pedestrians or not stopping at a crosswalk, could still make them liable for the accident.
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Shared Fault in Pedestrian Accidents
There are also cases where both the pedestrian and the driver share fault for the accident. For example, a pedestrian may step into the street unexpectedly, and a driver may not be able to stop in time. In these cases, both parties may be assigned a percentage of fault. Kansas uses a comparative negligence system, which means the amount of compensation a pedestrian can recover will be reduced based on their percentage of fault in the accident. If a pedestrian is found to be 30 percent at fault, they will only receive 70 percent of the total damages awarded.
How to Protect Your Rights After a Pedestrian Accident
If you or a loved one has been involved in a pedestrian accident in Kansas, it is essential to know how to protect your rights and ensure you are adequately compensated for your injuries. Following these key steps can help you secure the best possible outcome after an accident.
Seek Immediate Medical Attention
Even if you do not feel seriously injured after a pedestrian accident, it is essential to seek medical attention right away. Some injuries, like concussions or internal injuries, may not show symptoms immediately. Having a healthcare professional assess your injuries ensures that you get the proper treatment and helps document the extent of your injuries, which can be crucial when pursuing a claim for compensation.
Collect Evidence at the Scene
If you are able to do so safely, gather evidence from the accident scene. Take photos of the location, the vehicles involved, any damages to property, street signs, and crosswalks. This evidence will help build a case and provide a clear picture of what happened. If there are any witnesses to the accident, ask for their contact information and statements.
Contact an Experienced Pedestrian Accident Lawyer
Pedestrian accidents can be complex, and navigating the legal process without the right help can be overwhelming. Contacting an experienced pedestrian accident lawyer as soon as possible will ensure your case is handled properly. The attorneys at Melinda Young Law have a deep understanding of Kansas traffic laws and know how to investigate pedestrian accidents to determine fault and secure fair compensation for victims.
Melinda Young Law Can Help You After a Pedestrian Accident
If you’ve been injured in a pedestrian accident in Kansas, Melinda Young Law is here to help. With years of experience handling pedestrian accident claims, the firm is dedicated to protecting the rights of those who have been hurt due to the negligence of others.
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Melinda Young Law’s team of skilled attorneys will conduct a thorough investigation of the accident, collect necessary evidence, speak with witnesses, and work to determine the full extent of damages caused by the accident. The firm will fight for the compensation you deserve, whether through a settlement or in court.
What to Expect During Your Pedestrian Accident Claim
When you file a pedestrian accident claim in Kansas, the process generally begins with a consultation with an attorney. Your lawyer will review the facts of the accident, discuss your injuries, and explain the steps needed to file a claim. Your attorney will then negotiate with insurance companies or take legal action against the at-fault party if necessary.
During this process, it is important to keep records of any medical bills, lost wages, or other expenses related to the accident. These documents will be vital when calculating the compensation you should receive. Additionally, your lawyer will keep you informed every step of the way and ensure that your rights are protected throughout the legal process.
Contact Melinda Young Law for a Free Consultation
If you have been injured in a pedestrian accident in Kansas, don’t wait to get the help you need. Contact Melinda Young Law today for a free consultation. The attorneys at Melinda Young Law are committed to helping pedestrian accident victims recover compensation for medical bills, pain and suffering, lost wages, and more.
Call today to schedule your free consultation and take the first step toward protecting your rights and securing the compensation you deserve.