Pedestrian accidents are some of the most devastating accidents on the road. Drivers are often protected by seatbelts, airbags, or by the vehicle itself, but pedestrians generally do not have any of these protections, making accidents more serious and more likely to result in severe injuries. An experienced Oak Lawn pedestrian accident lawyer could examine the factors that may have contributed to the accident and potentially work to identify a liable party that could be held accountable in court.
Contact a skilled injury attorney and schedule an appointment. They could help answer questions about filing a lawsuit and possibly research effective legal alternatives. The court system in Oak Lawn can become confusing quickly and a person may struggle to clearly present their case which could lead to a negative outcome. En Español.
Determining Fault in a Pedestrian Accident
Drivers typically have a duty to avoid striking a pedestrian on any roadway under Illinois law. Specifically, 625 ILCS 5/11-1003.1 provides:
“Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human power and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.”
Establishing fault in a pedestrian accident often requires examining who bears the higher degree of responsibility. Under 735 ILCS 5/2-1116, any pedestrian who is injured in an accident involving a vehicle may file a lawsuit for negligence. However, in order to recover, an injured pedestrian generally must prove the following:
- The driver owed them a duty of care
- The driver breached their duty of care
- The pedestrian suffered an injury
- These injuries were proximately caused by the driver breaching their duty of care
Modified Comparative Negligence
Furthermore, under the system of modified comparative negligence followed by Illinois courts, a pedestrian’s own negligence could reduce their overall compensation, and they may be prohibited from recovering compensation altogether if they are deemed to be more than 50 percent at fault for an accident. In many accident cases involving a car and a pedestrian, the defendant may claim that the pedestrian is also to blame for the accident. If such a claim is upheld by the court, it may lessen the plaintiff’s damage award significantly. Therefore, it is often critical for plaintiffs to work with a dedicated Oak Lawn pedestrian accident attorney who could help them demonstrate how the driver’s negligence contributed to their injuries.
Recovering Compensation After a Pedestrian Accident
The National Highway Traffic Safety Administration reports that even cars traveling under 20 miles per hour still posed a serious risk to pedestrians, as even lower speed collisions may cause serious pedestrian injuries or death. Since the speed limit even in most residential neighborhoods on Oak Lawn exceeds this speed, pedestrian accidents often are tremendously devastating to victims and their families.
Fortunately, personal injury laws are typically designed to help an injured person recover for losses associated with an accident. This may include quantifiable damages such as emergency medical care, surgeries, doctor visits, lost wages, and rehabilitation costs. Pedestrian accident victims may also seek compensation for non-monetary injuries such as mental anguish, anxiety, emotional distress, and pain and suffering. A pedestrian accident lawyer in Oak Lawn could help plaintiffs prove damages by collecting medical bills, calculating lost wages, and working to show the emotional impact of an accident to the court.
Call an Oak Lawn Pedestrian Accident Attorney for Help
If you were injured by a vehicle while you were crossing the street, walking on the side of the road, or strolling down the sidewalk, you may be entitled to file a lawsuit to recover financial compensation for your injuries and losses from the driver who’s negligent actions caused the collision. An Oak Lawn pedestrian accident lawyer could potentially help determine liability, establish the extent of your injuries and damages and aggressively pursue compensation on your behalf. Set up a time to further discuss your legal options.