Legal Question in Personal Injury in Missouri

Pedestrian struck by vehicle

I am defending a client who struck a pedestrian while the pedestrian was crossing a street adjacent to a busy intersection. The pedestrian wasn't crossing in the crosswalk, and several eye-witnesses habe testified to this. The police didn't issue a ticket because they said that they couldn't decisively find one party at fault. Plaintiff alleges she was in crosswalk and that defendent didn't apply the brakes until AFTER she was hit. does anyone have any suggestions? Thank You


Asked on 3/19/98, 7:47 pm

1 Answer from Attorneys

Joseph A. McDermott, III Attorney at Law

Let the Carrier Rot

If the damages threaten to exceed the available insurance, make sure and demand the carrier settle for the limits to protect your client.

As to the merits of the case, that depends on the eyewitnesses and their credibility.

Yuomight want to hire an engineer experienced in accident reconstruction and have him evaluate the reported vantage points of the witnesses to see just who was in a position to see what.

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Answered on 3/30/98, 2:48 am


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