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Get Help From a Chicago Pedestrian Accident Lawyer Near You
As Americans, we’re all told that we need to walk more for our health and to reverse the effects of increasingly stressful and sedentary lives. But with so much of the nation’s transportation system designed to accommodate cars, finding safe ways to walk to school or to the park or to the grocery store can be challenging for pedestrians. Even where there are sidewalks and marked crosswalks, pedestrians can be jeopardized by drivers distracted by talking on their cell phones or wolfing down a McMuffin on their way to work.
When a pedestrian is hit by a car or truck, the injuries can be serious or even fatal. If you’ve been hit by a car while on foot, you may have suffered anything from scrapes and cuts to broken bones and brain injuries. If you were seriously injured, you’ve likely had to take time off from work to recover, and have medical and other bills stacking up and causing you worry.
As a pedestrian, you do have legal rights to be compensated for your injuries. An experienced pedestrian accident lawyer in Chicago, IL can evaluate your individual circumstances and discuss with you the best course of action to try to get your costs paid. Contact us online or call one of our personal injury lawyers today to schedule a free consultation. (312) 236-2900. Our pedestrian accident attorneys work on a contingency fee basis, meaning you don’t owe us anything until we win your case.
What is the Duty of a Pedestrian in Illinois?
Just like drivers and cyclists, pedestrians owe a duty of care to other people using sidewalks and roadways.
The general duty of care for pedestrians is to use the same amount of attention that a reasonable person would have used in circumstances similar to those of the accident.
For example, during a windy and rainy evening, a reasonable pedestrian would need to take extra care when stepping into the street because the conditions make it difficult to hear and see approaching cars.
The Law Partially Outlines a Pedestrian’s Duty of Care
The Illinois legislature has passed several statutes outlining the rights and responsibilities of pedestrians. If you hit a pedestrian who was violating one of these statutes, you can use it as proof that the pedestrian failed to exercise reasonable care.
Here are some of pedestrians’ duties:
- They must cross the road at a right angle, or take the shortest route possible when crossing
- They must not cross suddenly in front of oncoming traffic
- They must use sidewalks if provided. If there are no sidewalks, they must walk on the left side of the road
- They must obey all traffic signals
What Causes Pedestrian Accidents in Chicago
When a vehicle collides with a pedestrian, the accident is usually the result of driver inattention or distraction. Some common actions by drivers that lead to collisions with pedestrians include:
- Running red lights
- Turning on red lights without checking the crosswalk first
- Speeding
- Failing to yield to pedestrians
- Backing out of parking spots
- Talking on a cell phone or texting on a mobile device
In some cases, it might have been the pedestrian who was distracted and stepped out in front of the vehicle with little or no warning. Even though pedestrians have the right of way, they are also responsible for looking before crossing and taking reasonable actions to be safe, such as not darting out into traffic.
If you did indeed look both ways before crossing, or you crossed at an intersection and had a walk signal, and were hit by a driver who was texting or drinking coffee or just not paying attention, you may have a good chance at recovering damages through an insurance settlement or a lawsuit. As the person bringing the claim, it’s up to you to prove that you deserve compensation.
Our experienced pedestrian injury lawyers can help you to investigate the accident and gather the evidence you’ll need to prove your case, such as accident reports, photographs, witness statements, and medical records and bills. Contact us today for help gathering evidence and proceeding with your pedestrian accident claim. (312) 236-2900.
Pedestrian Crosswalk Accidents in Chicago
Crosswalks are meant to provide safe passage for pedestrians, but in a busy city like Chicago, these zones are often the site of serious accidents. Whether at a marked or unmarked intersection, pedestrians have the right of way when using a crosswalk properly. Still, many drivers ignore these rules, especially when distracted, speeding, or under the influence.
You may be entitled to compensation for your injuries and related losses if you were hit while crossing the street.
Crosswalk accident claims often depend on whether the pedestrian had the right of way and if the driver failed to yield. But even if you were partially at fault—such as crossing without a signal—you could still recover damages under Illinois’s comparative negligence law, as long as you’re less than 50% responsible. Common injuries in these accidents range from broken bones and head trauma to spinal cord injuries, all of which can carry lifelong consequences.
If you were struck in a Chicago crosswalk, acting quickly is important. You’ll need strong evidence to hold the driver accountable, including police reports, witness statements, and medical records. At Staver Accident Injury Lawyers, P.C., our pedestrian accident attorneys can help you gather this information, deal with insurers, and fight for the full compensation you deserve.
Common Injuries in Chicago Pedestrian Accidents
Even a compact car is bigger and much heavier than a person, and when a mass of metal and glass hits a human being even at a slow speed, the chance for injury is great. It’s not uncommon for pedestrians who have been hit by cars to suffer:
Some of these types of injuries can take significant time to heal. Some may result in permanent damage that affects your ability to work or perform simple household tasks for the rest of your life. Contact our pedestrian accident attorneys today if you suffered any of these injuries. (312) 236-2900.
How Do Child Pedestrian Injury Cases Differ From Adult Pedestrian Cases?
Since children cannot represent themselves in court, a guardian—usually a close family member—would sue or defend the claim on the child’s behalf. Beyond this procedural difference, several important factors must be considered in a personal injury lawsuit involving a child pedestrian.
If a plaintiff sues you for negligence, you can counterclaim that the plaintiff’s negligence contributed to the accident. While this strategy often works when defending against adult plaintiffs, it is particularly difficult to use it against children.
The reason is that children have a duty of care, but it is lower than an adult’s duty. Obviously, children are less responsible than adults, so courts do not hold them to an adult standard of conduct.
In most jurisdictions, courts expect children to display behavior that is reasonable for a child of similar age, experience, and intelligence under like circumstances.
If you want to show that a child has breached this duty of care, you would need to show that he or she acted less responsibly than one would expect for a child of similar age. For example, if a 14-year-old boy runs in front of your car in pursuit of a ball, a court might find him to have breached his duty of care, since that behavior corresponds to that displayed by younger children. A teenager is expected to act somewhat more responsibly than a child.
But in most cases, children act just as irresponsibly as one would expect for their age, so it can be difficult to prove their behavior constituted a breach of duty.
Bicycle Collisions with Pedestrians in Chicago
Both cyclists and pedestrians are obliged to exercise the same amount of caution as a reasonable person would under the circumstances. Thus, if the visibility is bad or the road is slippery, cyclists and pedestrians alike must be extra careful.
If a cyclist or pedestrian is involved in an accident, a court or an insurance company will examine whether the cyclist or pedestrian breached their respective duties of care.
For example, if a cyclist is riding very quickly down a hill in the rain with a vintage bicycle equipped with ineffective brakes, the cyclist is breaching her duty of care. This is because a reasonable person would not ride in such a way, given the weather and the condition of the bike. If the cyclist hits a pedestrian, she will be liable to pay for the pedestrian’s injuries.
On the other hand, the pedestrian would be breaching his duty of care if he crossed the road outside of a crosswalk, emerging suddenly from between two parked cars. The breach of duty occurs here because no reasonable pedestrian would cross a street outside of a sidewalk in a way that gives no reaction time to traffic. If the cyclist hits the pedestrian and gets injured, the pedestrian would have to pay for the cyclist’s injuries.
Frequently Asked Questions: Pedestrian Accidents in Chicago
What should I do if I’m hit by a car as a pedestrian in Chicago?
After a pedestrian accident, call 911 immediately and seek medical care, even if you feel okay. Try to document the accident scene with photos, collect witness contact information, and avoid discussing fault at the scene. As soon as possible, contact an experienced Chicago pedestrian accident lawyer to protect your rights and help you pursue compensation.
Who is at fault in a pedestrian accident?
The fault in a pedestrian accident often lies with the motorist who failed to yield, was distracted, speeding, or was otherwise negligent. However, pedestrians can also share fault if they were jaywalking or crossing against a signal. Illinois applies a modified comparative negligence rule, meaning you can still recover damages if you are less than 50% at fault, but your compensation will be reduced by your share of fault.
Can I recover compensation if I was partially at fault for the accident?
Yes. Under Illinois law, if you are found to be less than 50% responsible for the accident, you can still pursue compensation for your injuries. Your financial recovery will be reduced in proportion to your degree of fault, making it critical to work with a skilled Chicago pedestrian accident attorney who can minimize unfair blame placed on you.
What types of compensation are available for injured pedestrians?
Injured pedestrians may be entitled to compensation for medical expenses, lost wages, pain and suffering, emotional distress, disfigurement, disability, and loss of everyday life. If the accident results in a fatality, surviving family members may also be able to file a wrongful death claim to recover funeral costs, loss of companionship, and lost financial support.
How long do I have to file a pedestrian accident lawsuit in Illinois?
Generally, the statute of limitations for filing a pedestrian accident lawsuit in Illinois is two years from the accident date. However, shorter time limits may apply if a government entity is involved. Promptly consulting a Chicago pedestrian accident lawyer ensures your case is filed on time and critical evidence is preserved.
Do I need a lawyer after a pedestrian accident?
Yes. Insurance companies often try to shift blame onto pedestrians to reduce their payouts. A knowledgeable pedestrian accident attorney can investigate the crash, collect key evidence, negotiate aggressively with insurers, and fight to secure the maximum compensation you deserve.
What if the driver who hit me was uninsured or fled the scene?
If the at-fault driver was uninsured or fled the scene (a hit-and-run), you may still have options for compensation through your own uninsured/underinsured motorist (UM/UIM) coverage. Our Chicago pedestrian accident lawyers can help you explore all possible insurance claims and legal avenues to recover damages.
Contact Our Chicago Pedestrian Accident Attorneys
An experienced personal injury lawyer will discuss with you not only your existing medical bills, but what costs you expect to incur for future treatment or therapy, and whether you’ve lost income or will lose future income as a result of your injuries.
Other types of damages you may be able to recover include pain and suffering, emotional distress, loss of normal life, and disability and disfigurement. Your attorney’s goal will be to convince the driver’s insurance company or a jury to compensate you for all of those costs, or as much as is possible given the limits of the driver’s insurance coverage. Contact us online or call one of our Chicago pedestrian accident attorneys today. (312-236-2900.
