In Missouri, pedestrians have the right-of-way in many situations – but not all. Pedestrians are generally protected when crossing lawfully in a marked crosswalk, an unmarked crosswalk at an intersection, or with a “Walk” signal. But they must also obey traffic signals, use crosswalks where required, and avoid stepping into traffic when a driver cannot reasonably stop.
Drivers also have responsibilities. Missouri law requires drivers to use the highest degree of care to avoid hitting pedestrians, even when a pedestrian may have made a mistake.
After an accident, right-of-way is usually the starting point – not the whole case. Because Missouri follows pure comparative fault, an injured pedestrian may still recover compensation even if they are partly responsible, though their recovery may be reduced by their percentage of fault.
This article explains Missouri pedestrian right-of-way laws and how those rules can affect fault, compensation, and pedestrian accident claims in St. Louis and throughout Missouri.
Missouri’s Right-of-Way Laws - The Basics Every Pedestrian Should Know
A strong pedestrian accident claim usually does not turn on one Missouri statute alone. Missouri law works more like a framework.
First, we ask whether the pedestrian had the right-of-way under the crosswalk and signal rules. Second, we look at whether the pedestrian violated a rule by crossing outside a crosswalk, crossing diagonally, ignoring a signal, or stepping into traffic suddenly. Third, we evaluate the driver’s conduct under the highest-degree-of-care standard. That last step is important. Even when a pedestrian made a mistake, the driver may still share fault if they were speeding, distracted, impaired, failed to keep a lookout, or had time to avoid the collision.
This is why pedestrian accident cases are fact-specific and why video evidence and witness statements can matter as much as the statute itself.
What the Law Says About Marked Crosswalks
Missouri law gives pedestrians strong protection in crosswalks. Under Missouri Revised Statute § 300.375, when traffic control signals are not in place or not working, a driver must yield to a pedestrian crossing within a crosswalk when the pedestrian is on the half of the roadway where the vehicle is traveling, or when the pedestrian is approaching closely enough from the opposite half of the road to be in danger.
In clear terms, if a pedestrian is lawfully crossing in a crosswalk, drivers must slow down or stop when necessary.
This rule applies to both marked crosswalks and unmarked crosswalks at intersections. Many people think a crosswalk only exists if there are painted lines on the pavement, but that is not always true. At intersections, an unmarked crosswalk may still exist where sidewalks or walking paths naturally continue across the road.
Missouri law also protects pedestrians from a common and dangerous situation: one vehicle stops at a crosswalk, but another vehicle passes from behind. Under Missouri Revised Statute § 300.375.4, a driver approaching from the rear may not overtake and pass a vehicle stopped at a marked crosswalk or an unmarked crosswalk at an intersection to allow a pedestrian to cross.
This rule matters in St. Louis, where multi-lane streets can create serious danger for pedestrians. If one driver stops and another driver tries to pass, the pedestrian may be hidden from view until it is too late.
However, crosswalk protection has limits. Under Missouri Revised Statute § 300.375.2, pedestrians may not suddenly leave a curb or place of safety and walk or run into the path of a vehicle that is so close it is impossible for the driver to yield.
What Happens When There’s No Crosswalk
When a pedestrian crosses somewhere other than a marked crosswalk or an unmarked crosswalk at an intersection, the law changes. Under Missouri Revised Statute § 300.390, a pedestrian crossing outside a crosswalk must yield the right-of-way to vehicles on the roadway.
Missouri law also limits how pedestrians may cross. Under Missouri Revised Statute § 300.385, pedestrians generally must cross at a right angle to the curb or by the shortest route to the opposite curb unless they are inside a crosswalk. Under Missouri Revised Statute § 300.395, pedestrians may be prohibited from crossing outside a crosswalk in certain places, including between adjacent signal-controlled intersections, in business districts, on streets designated by ordinance, or diagonally across intersections unless official traffic control devices allow it.
How Traffic Signals Change the Rules
Traffic signals can completely change who has the right-of-way. Under Missouri Revised Statute § 300.370, pedestrians are subject to traffic control signals. When pedestrian-specific signals are present, Missouri Revised Statute § 300.160 applies.
In practical terms, a pedestrian who begins crossing on a “Walk” signal is in a much stronger position than someone who starts crossing after the “Don’t Walk” signal appears. If the signal changes while the pedestrian is already lawfully in the crosswalk, that is different from stepping off the curb after the signal says not to walk.
Traffic signals also matter for drivers. A driver turning left or right must still watch for pedestrians who are lawfully in the crosswalk. Many St. Louis pedestrian accidents happen when a driver focuses on vehicle traffic and fails to notice a person crossing with the signal.
Missouri law also includes specific rules for other controlled crossings. Under Missouri Revised Statute § 300.400, pedestrians must obey bridge and railroad crossing signals and may not go around or through closed gates or barriers. Under Missouri Revised Statute § 300.405, pedestrians must use sidewalks when they are available. If no sidewalk is available, pedestrians walking along a roadway should walk on the left side or shoulder facing traffic when possible.
These rules are important, but they do not erase the driver’s duty. Under Missouri Revised Statute § 300.410, every driver must exercise the highest degree of care to avoid colliding with a pedestrian and must give warning by sounding the horn when necessary. Drivers must also use proper precautions when they see a child, confused person, or incapacitated person on the roadway.
Do Pedestrians Always Have the Right of Way in Missouri?
No. Pedestrians do not always have the right-of-way in Missouri. As discussed above, Missouri law protects pedestrians in certain situations—especially in crosswalks and at controlled intersections—but it also places limits on when and how pedestrians may enter the roadway.
The better way to think about it is this: pedestrians are strongly protected when they cross in the places and ways Missouri law allows, but they still have to follow traffic signals, use crosswalks where required, and avoid stepping into traffic when a driver cannot reasonably stop.
When Pedestrians Are Legally Protected
Pedestrians are usually in the strongest legal position when they are crossing in a marked crosswalk, using an unmarked crosswalk at an intersection, following a “Walk” signal, or walking in an area where drivers should reasonably expect pedestrian traffic.
This follows directly from Missouri’s crosswalk and signal rules. Under Missouri Revised Statute § 300.375, drivers must yield to pedestrians in crosswalks when the pedestrian is on the same half of the roadway or close enough to be in danger. Under Missouri Revised Statute § 300.160, pedestrians who begin crossing on a “Walk” signal are generally proceeding lawfully.
When Pedestrians Must Yield to Traffic
Pedestrians generally must yield when they cross outside a marked crosswalk or outside an unmarked crosswalk at an intersection. As noted above, Missouri Revised Statute § 300.390 requires pedestrians crossing outside those protected areas to yield the right-of-way to vehicles on the roadway.
Missouri law also restricts certain types of crossing. Under Missouri Revised Statute § 300.395, pedestrians may be prohibited from crossing outside a crosswalk in some locations, including business districts, between adjacent signal-controlled intersections, or on streets where local ordinances limit crossing. Further, under Missouri Revised Statute § 300.375.2, even in a crosswalk, a pedestrian should not suddenly leave a curb or place of safety and enter the path of a vehicle that is too close for the driver to yield.
Use our guide to understand what to do after being hit by a car and key legal considerations.
How Right-of-Way Affects Fault in a St. Louis Pedestrian Accident
Right-of-way matters because it helps determine fault. But in a pedestrian accident claim, fault is not always all-or-nothing. A pedestrian may have had the right-of-way and still face arguments that they were partly responsible. Likewise, a pedestrian who crossed outside a crosswalk may still have a claim if the driver was also negligent.
In St. Louis pedestrian accident cases, the fault analysis often turns on the details: where the pedestrian entered the roadway, whether a signal applied, how fast the vehicle was traveling, and whether the driver had time to avoid the collision.
That is why right-of-way is only the starting point. The bigger question is how the conduct of both the driver and the pedestrian contributed to the crash.
Missouri’s Pure Comparative Fault Rule Explained
Missouri follows a pure comparative fault doctrine, which was adopted by the Missouri Supreme Court in Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983). This means an injured pedestrian may still recover compensation even if they were partly responsible for the accident. Their compensation is reduced by the percentage of fault assigned to them.
For example, if a pedestrian’s damages are valued at $100,000.00 and they are found 25% at fault, the recovery would be reduced to $75,000.00. If the pedestrian is found 75% at fault, they may still recover $25,000.00.
This rule is important in pedestrian cases because insurance companies often argue that the pedestrian did something wrong. They may claim the pedestrian crossed outside a crosswalk, entered against a signal, failed to look for traffic, or stepped into the roadway too quickly.
Those arguments can affect the value of a claim, but they do not automatically defeat it. The driver’s conduct still matters. If the driver was speeding, distracted, impaired, or failed to keep a proper lookout, the driver may still bear significant responsibility.
How Shared Fault Reduces — But Doesn’t Eliminate — Your Compensation
Shared fault reduces compensation, but it does not necessarily eliminate recovery. In Missouri, the goal is to determine each party’s percentage of responsibility and then reduce the injured person’s recovery by their share of the fault.
For example, a pedestrian who is struck while jaywalking may be assigned some fault for not using a crosswalk. But if the driver was looking down at a phone, traveling too fast for the area, or failed to brake despite having time to see the pedestrian, the driver may also be assigned fault.
Other Parties Who May Share Fault in a Pedestrian Accident
Not every pedestrian accident is caused only by the driver or the pedestrian. Sometimes, the road design, traffic-control system, lighting, or construction setup also contribute to the crash. This matters because a complete fault analysis should identify everyone who may have played a role. A driver may be primarily responsible for failing to yield, speeding, or driving distracted. But another party may share fault if a dangerous public condition made the condition more likely.
When the City or County May Be Liable
A city, county, or other public entity may share fault when a dangerous condition on public property contributes to a pedestrian accident. These cases are different from ordinary claims against private drivers because public entities often have legal protections, specific procedures, and shorter deadlines.
Examples may include a broken pedestrian signal, a crosswalk that has faded so badly it is difficult to see, poor intersection design, unsafe construction zones, malfunctioning traffic lights, or a sidewalk/roadway condition that forces pedestrians into an unsafe path.
A public entity is not automatically liable simply because an accident happened on a public road. The issue is whether a dangerous condition existed, whether the public entity knew or should have known about it, whether there was a reasonable opportunity to fix or warn about it, and whether that condition contributed to causing the accident.
Defective Signals, Poor Lighting, and Missing Crosswalks
Some pedestrian accidents happen because the environment is unsafe even before the driver and pedestrian encounter each other. A broken signal, poor lighting, missing pedestrian signage, or confusing intersection layout can create a situation where a collision becomes more likely.
A defective pedestrian signal may cause a pedestrian to believe it is safe to cross when it is not. Poor lighting can make a person in the roadway harder to see at night. A missing or faded crosswalk can create confusion about where pedestrians are expected to cross. Inadequate signage can make drivers less aware that people commonly walk through the area.
These conditions do not excuse careless driving. A driver still has a duty to use the highest degree of care to avoid colliding with pedestrians. But dangerous conditions can affect how fault is divided and whether another party should be part of the claim.
Talk to a St. Louis Pedestrian Accident Attorney
Our award-winning law firm is dedicated to serving our community by providing top-tier legal representation to personal injury victims in St. Louis, Kansas City, and throughout Missouri. Brown & Crouppen Law Firm has been recognized by the St. Louis Post-Dispatch as the Best Law Firm in St. Louis for the high quality of our services and dedication to our clients.
No matter the circumstances of your case, we are here to make sure you know your full legal rights and options. Our skilled attorneys will evaluate your situation and explain how Missouri’s laws apply to your case.
Getting started with your case is easy, and there are no upfront costs to work with us. Call us at (800) 536-4357 or contact us online to schedule your free consultation. You pay nothing unless we win your case.
COLTON M. NEWLIN
Attorney at Law
Main: 314-222-2222
Direct: 314-561-6217
coltonn@getbc.com | 4900 Daggett Ave., St. Louis, MO 63110
Frequently Asked Questions
It depends. Jaywalking does not automatically prevent compensation in Missouri, but it can increase your share of fault for the accident. Missouri follows pure comparative fault, which means you may still recover compensation even if you were partly responsible; however, your recovery is reduced by the percentage of fault attributed to your actions.
For example, if your damages are valued at $100,000.00, but a jury determines you were 75% at fault for crossing outside the crosswalk, you could recover only $25,000.00.
No. A crosswalk helps the pedestrian’s case, but it does not automatically make the driver at fault every time an accident occurs.
For example, if a pedestrian enters the crosswalk while the “Do Not Walk” signal is illuminated and is hit by a vehicle that did not have time to stop after the pedestrian entered the roadway, proving the driver was responsible will be difficult.
Do not argue at the scene or provide a statement to any insurance company before speaking with an attorney. Right-of-way disputes should be evaluated based on the evidence, not the driver’s version of events.
Speak with an attorney promptly so they can help collect and preserve key evidence, including police reports, witness statements, dash camera video, traffic camera footage, nearby business surveillance, and signal timing information. The sooner that evidence is requested, the better the chance it can be preserved before it is lost or overwritten.
