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According to the City of Chicago, an overwhelming 90% of traffic fatalities in the city directly involve reckless behavior by citizens behind the wheel.
When reckless driving causes a traffic accident, that driver can be held legally and financially responsible for the incident in Illinois. Pedestrian collisions often lead to substantial losses, especially if the victim loses their life. When losses start stacking up, it’s time to contact a Chicago pedestrian accident lawyer so that you can make an informed decision on how to move forward from your losses. Learn more about your legal options after pedestrian accidents in Chicago and how our legal advocates here at Kermani LLP can help below.
Causes of Pedestrian Accidents in Chicago
Recklessness is the number one leading factor in pedestrian deaths, and it can emerge in traffic crashes in a number of ways. Some of the most frequently reported reckless driving behaviors in urban areas include speeding, failing to yield at intersections, impaired driving, fatigue, and distractions. Pedestrians can also behave in reckless ways, like when they jaywalk or enter into traffic without yielding to the cars.
While recklessness is typically involved, there are other causes of pedestrian accidents, like poor road infrastructure, weather conditions, defective products, or poor visibility at the time of the crash.
Legal Rights of Pedestrian Accident Victims
Identifying what caused your pedestrian accident is paramount in deciding how to deal with your losses. The legal rights of pedestrians who get injured in an accident that’s someone else’s fault include seeking financial reimbursement for all their losses. You should be able to collect compensation for any medical bills, lost wages, and emotional distress that you experience as a result of the collision.
While you have certain rights, you need to know what to do after an accident to ensure that your rights are upheld. Make sure you report the incident and get timely medical treatment. In most cases, the best step to take next is to contact an attorney.
Common Injuries from Pedestrian Accidents
Pedestrian injuries are often serious, and this is especially true when the collision involves elderly pedestrians or child pedestrians. When a car, bicyclist, or motorcycle strikes a person on foot, the individual is almost always forcefully thrown to the ground. The impact of this alone could cause very serious and even fatal injuries. Here are some of the most frequently sustained injuries in pedestrian accidents:
- Broken bones;
- Fractures, strains, and sprains;
- TBIs;
- Spinal cord injuries;
- Internal injuries;
- Road rash.
Hit-and-run drivers can be held accountable under both criminal and civil law. When a driver doesn’t alert emergency services about your accident, then their actions could make your injuries worse.
Long-Term Consequences of Pedestrian Injuries
Pedestrian crashes in Chicago can lead to long-term losses. Some injuries, like certain traumatic brain injuries or paralysis, are permanent and a full recovery will never be possible. Some accidents also tragically result in the loss of life.
If your injury is likely to result in long-term medical needs, then it’s important to consider that before filing a claim. You can (and should) include these future losses in your claim.
Claiming Compensation for Pedestrian Accidents
The overall value of your claim will depend on the extent of your injuries and losses. Depending on what happened, it could also hinge on your own personal level of fault, too. Your losses can include economic damages, like your medical bills and lost wages, and non-economic damages, like your emotional distress. To claim compensation, you need to prove all your losses with the right evidence and file an official claim.
Legal Process for Pedestrian Accident Claims in Illinois
Your first step in seeking out a claim will be hiring a lawyer. You and your attorney will need to go over all the fine details surrounding your case and injuries. Together, you’ll build up a strong claim that documents all your losses and shows who was at fault for your incident. From there, your official claim documentation will be filed, and this will allow you to begin negotiating with the other party. Most claims are resolved at this stage, but you may have to bring your case to trial if the other party refuses to settle. Statute of limitations laws give you two years from the date of the accident to officially take legal action.
Why Choose Kermani LLP for Your Pedestrian Accident Case?
Our attorneys at Kermani LLP are dedicated to helping you and your family recover from your traumatic accident. We understand how frustrating it feels to be suffering physically and financially as a result of someone else’s behavior, and we want to help you seek justice. You can lean on our knowledge, experience, and expertise to resolve your situation promptly and fairly.
Schedule a Free Consultation with Our Chicago Pedestrian Accident Attorneys
Navigating a pedestrian accident case can be extremely complicated, especially if a fatality is involved. In most situations, the best way to handle an accident with significant losses is to hire a Chicago pedestrian injury attorney. The right attorney can help you go through the legal process, leverage your rights, and maximize your overall compensation award.
Our lawyers take a unique approach to the claims we handle. Rather than focusing on the negotiations, we focus on building up the most rock-solid case possible. We seek out documentation and evidence that prove all of our claims, and we make sure to consider all your long-term losses upfront. Once we think we have the strongest case possible, that’s when we present it to the other party.
Taking this type of approach helps create a strong basis for negotiations that puts you in the power position. While most cases won’t go to trial, you’ll be prepared to handle a courtroom if the other party won’t provide you with a reasonable settlement.
Are you ready to get started on your pursuit of justice after a recent pedestrian accident? Schedule a call with our team of legal advocates now to talk about your case in more detail with our lawyers.
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Frequently Asked Questions
What happens if you hit a pedestrian in Illinois?
If you ever hit a pedestrian while driving, then it is your legal obligation to stop and check on the victim. If the person seems hurt at all, then it’s your responsibility to stay at the scene of the accident and contact the police. Authorities will dispatch the appropriate medical team and arrive at the scene to file a report. You should always stay until these authorities arrive or you could get charged with a crime.
What happens next depends on who caused the accident. If you were at fault, then you could face a lawsuit.
What are pedestrian rights in Illinois?
Pedestrians have a right to safely travel as they traverse on the sidewalks, crosswalks, and when they’re safely crossing the road. If they get injured due to the negligence of a driver, then they have the right to file a claim for compensation. This compensation should cover the pedestrian’s losses like their medical bills, lost wages, and more.
In order to leverage these rights, pedestrians must take specific steps including reporting the accident and getting prompt medical care. The pedestrian will be responsible for pursuing a claim and taking the next steps, so hiring a lawyer is often the best path forward.
How do I prove driver negligence in a Chicago pedestrian accident case?
Under Illinois personal injury laws, negligence is defined as having all of the following elements:
- One party had a legal duty to provide for the care and safety of another party.
- The first party failed to uphold their duty of care.
- This breach in their duty of care directly caused the accident.
- The accident led to your injuries and specific losses.
To prove driver negligence in a Chicago pedestrian accident case, you will need to show that the other driver was at fault for the accident and provide evidence that backs up your claims about the extent of your losses.
Can I claim for a hit-and-run pedestrian accident in Chicago?
Yes, especially if you have a motor vehicle insurance policy that includes coverage for injuries caused by a hit-and-run accident. If you already have this type of car insurance coverage policy in place, then filing your claim should be pretty straightforward. In Illinois, all drivers are required to obtain policies that cover uninsured drivers and hit-and-run accidents.
How do crosswalk laws affect my pedestrian accident claim in Chicago?
According to the Illinois Department of Transportation, all drivers must yield to a pedestrian who is inside a marked crosswalk. Further, on school days, drivers should always yield to pedestrians, especially children, who are near school zones and crosswalks. Drivers can be held liable if they do not give pedestrians the right of way.
Laws also state that pedestrians should only cross the road on marked crosswalks. No pedestrians should suddenly leave a curb, sidewalk, or place of safety and get into the path of traffic. Pedestrians can be held liable if they violate crosswalk laws.
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