Drivers of motor vehicles are required to share the road with others. They should always drive safely and make sure they are acting in a way that protects the safety for everyone, including those in other vehicles and people who are on foot. Unfortunately, when a pedestrian is struck by a vehicle, they can suffer severe injuries or wrongful death. If you or someone you love has been injured in a pedestrian accident, you will want to work with a personal injury lawyer to learn how you can hold a negligent driver responsible and receive financial compensation for your injuries.
According to statistics from CDC, there are over 7,500 pedestrian fatalities each year in the United States. Compared to other traffic fatalities, the same statistics reveal that pedestrian deaths account for nearly 1 out of 5 traffic fatalities. Unfortunately, pedestrians have no protection from an impact, like a helmet that a bicyclist or motorcyclist would wear. Osvaldo Rodriguez, P.C. Attorney at Law knows that pedestrians can suffer permanent & sometimes fatal injuries.
Illinois Pedestrian Accident Lawyer
In most cases, a driver who strikes a pedestrian will be found to be negligent, since they did not take the proper care to protect the safety of those who are on foot. Distracted driving is one of the most common forms of negligence that can lead to pedestrian injuries. When drivers look at cell phones while driving or take their eyes off the road for other reasons, they may not notice a person who is crossing the street, or they may come out of their driving lane and strike a person who is walking by the side of the road or sidewalk.
Drunk driving is another form of driver negligence, since drugs or alcohol can impair a driver's ability to control their vehicle & react in time to avoid hitting a person on foot. Drivers who violate traffic laws can also put pedestrians at risk. Speeding can cause a driver to be unable to slow down or stop in time to avoid a pedestrian. Failing to give pedestrians the right of way or running stop signs or red lights can result in a driver striking a pedestrian who is legally crossing the street at an intersection.
A town or municipality may be responsible for pedestrian accidents, if it did not provide safe sidewalks or ensure that pedestrians were able to walk safely. The proper crosswalks or crossing signals should be provided in areas where pedestrians will be crossing the road. Safe speed limits should be in place to ensure that those who are on foot will be safe. Hazards on sidewalks should be repaired or warnings about these hazards should be provided. Pedestrians should be provided with safe ways to walk in construction areas. A person injured in a pedestrian accident may be able to hold a government organization liable for its failure to address these issues.
Even if a pedestrian was partially responsible for an accident, they may still be able to receive compensation for their injuries. Under the comparative negligence laws in Illinois, a person can pursue compensation if they were 50% at fault for an accident or less. If it is determined that both parties share equal responsibility, the pedestrian may be able to receive payments from the driver, but the amount of the damages they can receive will be reduced by half. A police report may help determine fault in pedestrian accidents. The insurance companies may conduct independent investigations to determine fault, while your attorney can conduct an inquiry on your behalf.
Osvaldo Rodriguez, P.C. Attorney at Law will give you the legal help you need, and will fight to make sure your family is made whole. To set up a free consultation and learn more about how we can help with your case, contact our office today!