The pedestrian does not always have the right of way. Both pedestrians and motorcycle riders have a duty and legal obligation to keep the roads safe and follow traffic regulations. The National Highway Traffic Safety Administration (NHTSA) indicates that there is an increase every year in accidents that involve pedestrians and motorcyclists. If you were involved in an accident as a pedestrian or motorcycle rider, you may have the right to compensation for your injuries. In some cases, both the pedestrian and motorcycle rider are at fault. These types of accidents may still allow a victim to receive compensation for their injuries and losses depending on the facts and circumstances of the incident.
Motorcycle Rider
If a motorcyclist has an accident with a pedestrian, the likelihood is that the pedestrian will suffer substantially more severe injuries. Therefore, a motorcycle rider should take extra precautions to always ride safely on the streets and follow all traffic signs, regulations, and signals. Any failure to fully stop at an intersection or crosswalk will lead to the motorcycle rider likely being liable for any resulting accident.
Additionally, if a motorcycle rider is operating their motorcycle while distracted, speeding, driving recklessly, fatigued, while under the influence of drugs or alcohol, then he or she will be operating the motorcycle negligently and will thus be responsible for any injuries or losses that result from an accident.
Pedestrian
Pedestrians also have a duty to exercise reasonable caution while walking on crosswalks and in or near roadways. In an accident between a motorcycle rider and pedestrian, a pedestrian could be held liable and responsible for any injuries that result if they were acting negligently. Some ways that a pedestrian could behave in a negligent way and cause or contribute to an accident include jaywalking, entering any roadway while under the influence of drugs or alcohol, crossing against a traffic signal, intentionally throwing things in the roadway or attempting to distract a motorcycle rider, or illegally walking in areas where pedestrians are not allowed.
Comparative Negligence
In some cases, both the motorcycle rider and the pedestrian are partially at fault for the accident. When both parties are responsible for a portion of the accident, it is called comparative negligence. The states of Kansas and Missouri handle these types of cases differently, and it is important to visit with an experienced personal injury attorney to ensure that your legal rights are protected and that you receive the compensation you deserve if you suffered injuries or losses in an accident.
Contact an Experienced Personal Injury Attorney for Missouri and Kansas
If you were involved in a motorcycle and pedestrian accident in either Missouri or Kansas, you may have the legal right to receive compensation for your losses or injuries. You may be facing substantial medical bills, the inability to return to work resulting in lost wages and pain and suffering. Contact an experienced personal injury attorney at Griggs Injury Law at (816) 474-0202 today to find out how we can help you build a strong personal injury case.
