Bicyclists, motorists, and pedestrians expect to arrive safely at their destinations. However, unforeseen circumstances can lead to severe injuries and death. When you approach a crosswalk, who has the right of way? If you are struck by a car while walking, you may have the right to financial compensation for your damages.
It is in your best interests to get help from a dedicated pedestrian crosswalk accident lawyer at Staver Accident Injury Lawyers, P.C., if you hope to make the at-fault party pay. Contact our team for a 100% free consultation today at (312) 236-2900, and learn more about how much your pedestrian accident insurance and civil claims could be worth.
Across Illinois, there are often more than 4,900 pedestrian accidents annually. Over 4,500 of these involved severe injuries. Nearly 150 resulted in fatalities. When crosswalks are unmarked, are not clearly visible, or lacking, pedestrian accident injuries are far more likely.
There are a number of Chicago’s intersections that are considered dangerous for pedestrians, like N. Milwaukee Avenue, W North Avenue, and N. Damen Avenue, or N. Cicero Avenue and W. Chicago Avenue.
Pedestrian accidents in Chicago and across the state are a significant concern. A large city like Chicago has a considerable number of crosswalks that should be carefully marked and easily identifiable, but this may not always be the case. If you’re hurt in a crosswalk, call Staver for help.
Pedestrians have the right of way if they’re using the crosswalk correctly. Having the right of way means motorists are obligated to wait for the pedestrians to cross the street. If a pedestrian has not yet entered the crosswalk, they must yield to motorists until it is safe to cross.
Pedestrians have an obligation to make themselves visible. Just because you are in a crosswalk does not necessarily mean you have the right of way unless it is safe to cross the street. Both motorists and pedestrians must stay alert to avoid a collision.
Pedestrians will have the right of way in a crosswalk. Unmarked crosswalks do not have visible markings or other indicators of the crosswalk being present other than the crosswalk itself. Unmarked and marked crosswalks will generally be controlled by traffic lights. This means pedestrians must push the crosswalk button to get the walk signal before crossing.
Illinois, particularly the heavily populated Chicago region, has multiple types of crosswalks. Each crosswalk has its own right-of-way rules as follows:
Pedestrians that fail to follow the right of way at these crosswalks can be ticketed for jaywalking. Their injury settlements could be reduced because of comparative negligence laws.
If you are partially liable for causing your injuries, you can still recover compensation for your damages as long as your portion of the fault is not greater than 49%. Your settlement will be reduced in proportion to your percentage of fault. If you were 10% liable for your injuries, your pedestrian accident settlement would be reduced by 10%.
Pedestrians are often hit in crosswalks for several reasons. Some of the top causes of these collisions include:
The injuries pedestrians can sustain in crosswalks are often catastrophic. Some of the most common types of injuries include:
To prove the defendant is liable for your damages, your pedestrian crossing accident lawyer must show the elements of negligence have been met. These include:
You can rely on your attorney to present compelling evidence that shows these elements were met. Some examples of such evidence could include:
Pedestrians injured in crosswalks are entitled to maximum compensation for their damages. It is crucial to get started on your case as soon as possible. The statute of limitations starts on the day of your accident. It will expire precisely two years from the date of your accident unless extenuating circumstances apply.
The last thing you need is to miss out on total restitution for your suffering. You can recover economic and non-economic damages. Your out-of-pocket expenses and the conceptual losses might include:
Having a Chicago personal injury attorney at Staver Accident Injury Lawyers, P.C. could make all the difference in the outcome of your case. You shouldn’t have to deal with is a complex litigation process alone while you are healing from your injuries.
Thankfully, we take on everything from start to finish so you can devote more time to healing. We will dig into your case, investigating the cause of the accident. We’ll work to find all liable parties. We can help you calculate your losses for an accurate claim.
Your Staver attorney is prepared to negotiate with the insurance representative: we won’t back down. We are ready for a trial if you need to file a lawsuit.
When you have the right of way at a pedestrian crosswalk, and you suffer catastrophic injuries due to another party’s negligence, you can take steps to hold them accountable.
With help from a pedestrian crosswalk accident attorney at Staver Accident Injury Lawyers, P.C., you can fight for the total recovery of your damages. Learn more about what is next for your case when you fill out our quick contact form or call our office at (312) 236-2900.