Given that pedestrians lack the same type of physical protection that drivers have, they are much more prone to injury in the event of an accident. In addition to loss of life, pedestrian accidents can also result in lifelong disability, painful recovery, lost earning capacity, and diminished quality of life.
For those who have been in a pedestrian accident, it’s important to know who to turn to for assistance. You may qualify for compensation that will ease the burden of your injuries, but to get that, you need legal help. Hart David Carson provides the legal acumen and experience needed to recover damages from a pedestrian accident.
Can a Pedestrian Sue if Hit by a Car?
Illinois law is designed to make roads safer for pedestrians and to provide legal recourse if they are hurt in a pedestrian accident. The Illinois Vehicle Code is the primary source of law that outlines the rights of pedestrians, as well as the duties of drivers who must take steps to protect them.
The state has adopted a number of laws that impose strict duties on motorists when it comes to protecting pedestrians. Drivers must always yield the right-of-way to pedestrians in crosswalks, intersections and other marked areas where pedestrians have the right-of-way. It also requires drivers to exercise proper care when turning or merging into traffic. This includes slowing down or stopping entirely at appropriate crossings if there are any pedestrians present. If a driver fails to use due care while driving and hits a pedestrian, they can be held liable for damages.
In addition, Illinois law also allows injured pedestrians to recover damages from other parties such as property owners, government entities and businesses whose negligence contributed to their injuries. For example, if a municipality failed to properly maintain traffic lights or a crosswalk, and that led to an accident, the injured pedestrian might be able to recover compensation from the municipality.
Under Illinois law, injured pedestrians may be entitled to compensation for medical bills, lost wages and pain and suffering caused by their injury. An experienced Chicago pedestrian accident attorney can help victims secure all available damages through negotiations with insurance companies or by filing lawsuits against those responsible for their injuries.
What Are the Common Causes of Pedestrian Accidents?
Pedestrians are often hard to spot, especially on streets where there are vehicles parked on the sides of the road, after nightfall, or in inclement weather. In many cases, an accident results because either the driver or the pedestrian is distracted by using a phone and is therefore not paying attention to their surroundings.
In other cases, accidents could result from one of the following causes:
- Running traffic lights
- Failing to yield right of way
- Distraction, whether by texting, eating, or some other cause
- Failure to see pedestrians while backing up
- Turning on a red light without checking the crosswalk
- Traffic violations on the part of the driver
- Failure of the pedestrian to observe traffic laws
Sooner or later, these factors will lead to an accident, and the resulting injuries can be very severe.
What Are the Most Common Injuries in a Pedestrian Accident?
Pedestrian injuries are a serious problem in the United States, with millions of people being injured or killed each year due to car accidents. Unfortunately, pedestrians often suffer severe physical and emotional trauma as a result of these collisions. Cars can cause devastating injuries to pedestrians in just a matter of seconds, leaving them with long-term disabilities or even death.
These injuries include:
- Head or brain trauma
- Nerve damage
- Back injuries
- Neck injuries, including whiplash
- Bone fractures
- Torn or sprained muscles
- Dislocated joints
- Bruises, cuts, or scrapes
- Spinal cord damage, including paralysis
Serious injuries from a pedestrian accident can result in thousands of dollars in medical bills and lost income, prolonged pain and suffering, lost quality of life, and even permanent disability. While monetary compensation won’t necessarily restore everything you’ve lost, it can help reduce the burden you carry as a result of your injury.
Fortunately, Chicago pedestrian accident attorneys are available to help those who have been hurt by cars get the compensation they deserve for their losses and suffering. With experienced legal representation on your side, you can ensure that you receive fair and full compensation for all medical expenses, lost wages and other damages related to your pedestrian injury.
Your ability to get compensation depends on who is at fault. In Illinois, the law uses a comparative negligence standard for determining who can recover damages from an accident. In order to even consider getting compensation, you need to have less than 50% of the fault for an accident. Even then, playing some role in your own injury, such as walking into the crosswalk while texting, will likely reduce the amount you’ll be able to get from litigation.
Many factors come into play when it comes do determining fault, so analyzing the evidence is a high priority. Experienced lawyers can guide you on how to assess the evidence and events of the accident and determine the settlement you’d most likely be able to get.
Getting Legal Help
If you were injured as a pedestrian, you need to seek legal assistance quickly if you hope to recover damages. Skilled Chicago pedestrian accident lawyers such as those at Hart David Carson can point you in the right direction and represent you during settlement negotiations and in courtroom settings.
To learn more, contact our attorneys today.
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