Legal Question in Personal Injury in Missouri

Pedestrian hit by a car

If a business has their employee parking lot on the other side of a county street and someone gets hit by a car on their way to work, who is responsible?

Asked on 10/08/08, 11:23 am

2 Answers from Attorneys

James Manning James Manning, PC

Re: Pedestrian hit by a car

It is not possible to accurately evaluate the issue of liability without more of the facts. If an employee is injured on the job, then the employee has a claim for workers compensation. If the employee is injured on the job due to the fault of a third party (non employee and non employer), then the employee may also have a claim in civil court against the third party.

If the pedestrian who was hit is not an employee, then the pedestrian has a claim against whoever hit the pedestrian. If the person who hit the pedestrian was in the course and scope of employment when the accident occurred, then the pedestrian may have a claim against both the driver and the driver's employer. Of course, there may be an insurance carrier responsible to defend and indemnify the driver and/ or the driver's employer.

As you can see, this type of accident can present complicated issues when it comes to liability. For this reason, I recommend that you contact an attorney to help guide you in the right direction.

I have helped others with this type of situation in the past and would be happy to help you.

- James

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Answered on 10/08/08, 5:30 pm

Spencer Farris The S.E. Farris Law Firm

Re: Pedestrian hit by a car

Your question is not easily answered from the facts you have provided, however, I will take a stab. Workers' Compensation will provide medical treatment, disability pay and a lump sum for any permanent injury if this is work related. There are cases that discuss when walking from a parking lot to work is covered, and I would need to know more facts to provide a meaningful answer.

The driver of the car that hit a pedestrian is likely responsible, and if they fled the scene, the pedestrian's uninsured motorist coverage would come into play.

I would be happy to discuss this with you in detail, but given the facts you have provided, that is the most I can offer right now!

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Answered on 10/08/08, 11:36 am

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