Missouri Accident Lawyer Blog

Michael B. Chamness of Festus, Missouri died in a Jefferson County Missouri pedestrian accident that occurred early Saturday morning. The Missouri pedestrian accident occurred on Highway 61, south of Plattin Road. Chamness entered the roadway from the west shoulder. Chamness was hit by a 1995 Toyota Camry driven by Michael J. Ellenberger of Festus. Chamness was pronounced dead by the Joachim Plattin Ambulance District. Ellenberger did not suffer any reported injuries.

Thousands of pedestrians die in traffic fatalities each year. Motor vehicles are heavy machines built of metal. On large roadways, motor vehicles may travel at high speeds. The human body may not be able to withstand a collision with a motor vehicle. As a result, pedestrians suffer the bulk of the serious injuries and fatalities caused by Missouri pedestrian accidents. In 2009, roughly 4,000 pedestrians were killed by traffic accidents nationwide.

Pedestrian accident victims should contact an experienced Missouri plaintiff attorney as soon as possible after the accident. The driver’s defense attorney will attempt to fight the accident victim’s compensation by arguing that the pedestrian was partially at fault for the accident. The defense attorney may argue that the pedestrian failed to monitor traffic before crossing or failed to walk within a crosswalk. The defense attorney may accuse the pedestrian of unexpectedly running into the road.

The defense attorney’s potential blame-shifting arguments are relevant for pedestrian accident victims because Missouri is a comparative negligence state. The compensation that the pedestrian accident victim may recover after an accident is limited by pedestrian’s percentage of fault. If the court finds that the pedestrian accident victim was partially at fault for the accident, the pedestrian accident victim may not be able recover full compensation.