Pedestrian and Bicycle Accident in St. Louis: Your Rights After Being Hit

Call 911 immediately. Pedestrian and bicycle crashes almost always produce injuries that require emergency medical care. Even if you can stand and walk, internal injuries, concussions, and spinal fractures may not produce immediate symptoms. Accept ambulance transport to the hospital — refusing transport and walking away from the scene is one of the most common mistakes pedestrian and bicycle crash victims make.

In St. Louis City, call 911 or the SLMPD non-emergency line at (314) 231-1212. The police report is essential — it documents the crash location, driver information, witness statements, and the officer's assessment of what happened. For pedestrian and bicycle crashes, the police report often records whether the crash occurred in a crosswalk, whether the driver had a green or red signal, and whether the pedestrian or cyclist was visible.

If you are physically able, before leaving the scene, get the driver's name, phone number, insurance information, license plate number, and driver's license number. If the driver fled (a hit-and-run), note as much as you can about the vehicle and the direction they went. Have someone photograph the scene, vehicle damage, your injuries, and the road conditions.

Missouri imposes a high standard of care on drivers with respect to pedestrians. Under Mo. Rev. Stat. §300.375, drivers must exercise the highest degree of care to avoid colliding with pedestrians. This is a higher standard than ordinary negligence — drivers are expected to be especially vigilant around pedestrians. Under Mo. Rev. Stat. §300.380, drivers must yield to pedestrians in marked and unmarked crosswalks when the pedestrian is in the driver's half of the road or close enough to be in danger.

Cyclists in Missouri are considered vehicles under the law and have the same rights and responsibilities as motorists (Mo. Rev. Stat. §307.188). Drivers must give cyclists adequate space when passing. St. Louis has a network of bike lanes on streets like Market Street, Chouteau Avenue, and in the Central West End — drivers are required to respect bike lane markings. However, cyclists are not required to use bike lanes; they can legally ride on the road.

Even if you were jaywalking, crossing against a signal, or cycling outside a bike lane, you still have legal rights under Missouri's pure comparative fault system. Your recovery is reduced by your fault percentage but never eliminated. A pedestrian who was 30% at fault for jaywalking still recovers 70% of their damages. This is a crucial protection that does not exist in states with modified comparative fault systems.

Pedestrian and bicycle crash injuries are typically severe because the human body has no structural protection against a 2,000+ pound vehicle. Common injuries include traumatic brain injuries (from impact with the vehicle or the ground), spinal cord injuries and paralysis, multiple fractures (pelvis, legs, arms, ribs), internal organ damage (spleen, liver, kidney lacerations), severe road rash and degloving injuries in bicycle crashes, and facial and dental trauma.

St. Louis has Level I trauma centers at Barnes-Jewish Hospital (BJC) in the Central West End and SSM Health St. Louis University Hospital in Midtown. Both are equipped for the severe polytrauma that pedestrian and bicycle crashes produce — emergency surgery, neurosurgery, orthopedic trauma surgery, and intensive care. If you are transported by ambulance, you will likely go to the nearest Level I center.

Follow-up care for pedestrian and bicycle crash injuries often includes multiple surgeries, extended hospitalization, physical and occupational therapy, neurological rehabilitation for TBI patients, and long-term pain management. Document every appointment, every bill, and every day of work or school missed. These cases often involve significant future medical costs that must be calculated and included in your claim.

Pedestrian and bicycle crash cases require thorough evidence gathering. Photograph the crash scene, including the crosswalk or intersection layout, traffic signals, sight lines, lighting conditions (especially for crashes at dusk or night), and any obstructions to the driver's view. If there were skid marks, photograph them — their length indicates whether the driver attempted to brake and at what speed.

Check for surveillance cameras. St. Louis businesses, traffic cameras, and residential doorbell cameras (Ring, Nest) may have captured the crash. MoDOT cameras cover highway frontage roads and overpasses where pedestrian crashes occur. Request footage within 24-48 hours before it is overwritten. Your own or any witness's dashcam may also have captured the incident.

Witness testimony is especially important in pedestrian and bicycle cases because the driver almost always claims they did not see the pedestrian or cyclist. Witnesses who saw the pedestrian in the crosswalk, saw the driver fail to yield, or saw the driver using a phone can counter the 'I didn't see them' defense. Get names and phone numbers at the scene.

File a claim against the driver's liability insurance. Missouri requires minimum liability coverage of 25/50/25 (Mo. Rev. Stat. §303.020), but these minimums are often insufficient for serious pedestrian and bicycle injuries — a single surgery can exceed $25,000. If the driver's limits are too low, your own underinsured motorist (UIM) coverage can fill the gap. If the driver was uninsured, your UM coverage applies.

The driver's insurance company will likely argue comparative fault — that you stepped out suddenly, were not in a crosswalk, were wearing dark clothing, or were distracted by your phone. Missouri's highest-degree-of-care standard for drivers (Mo. Rev. Stat. §300.375) weakens these arguments. The driver had the highest legal obligation to be alert for pedestrians, and failure to fulfill that obligation is strong evidence of negligence.

Do not accept a quick settlement offer. Pedestrian and bicycle crash injuries often require ongoing medical care with costs that escalate over months or years. A settlement that seems adequate today may not cover future surgeries, rehabilitation, or lost earning capacity. Consult an attorney before accepting any offer.

Pedestrian and bicycle crash claims can be among the highest-value personal injury cases because the injuries are so severe. Your compensation can include: medical bills (past and future), lost wages and lost earning capacity, pain and suffering, emotional distress, permanent disability or disfigurement, loss of enjoyment of life, and property damage (bicycle, phone, clothing). In cases involving egregious driver conduct — texting while driving, DUI, excessive speed — punitive damages may be available.

If the crash occurred due to a dangerous road condition — missing crosswalk markings, broken traffic signals, inadequate lighting, or lack of pedestrian infrastructure — the government entity responsible (City of St. Louis, MoDOT, or St. Louis County) may share liability under Missouri's sovereign immunity waiver (Mo. Rev. Stat. §537.600).

Ready to understand your options after being hit as a pedestrian or cyclist in St. Louis? Take our free 2-minute assessment. We will evaluate your case, identify all liable parties, and connect you with a St. Louis-area attorney experienced in pedestrian and bicycle accident claims. The assessment is free, confidential, and takes about two minutes.