Pedestrian accidents can be extremely severe and, in many cases, life-altering. Due to the lack of protection, injuries sustained in these accidents often include broken bones, internal organ damage, traumatic brain injuries, and spinal cord injuries. This can lead to prolonged medical care, therapy, and significant lifestyle changes for the victims, not to mention the heavy emotional and financial toll.
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As of December 2018, there have been 160 pedestrian fatalities in Illinois, according to the Illinois Department of Transportation. While walking may save on fuel costs and be a greener option, there is a definite risk involved with traveling on foot. In fact, that risk seems to be on the rise each year. In 2016, there were only 141 pedestrian fatalities in Illinois the entire year.
Why are Pedestrian Accidents Increasing?
While we may not be able to pinpoint an exact cause for the increase in pedestrian accidents and fatalities, we do know that they have one thing in common – pedestrians and drivers. We also know that there has been an increase in the use of cell phones and other mobile devices while people are driving and walking. This means that people walking may be distracted by their mobile devices and may not be alert to crosswalks and oncoming cars. Although texting and driving is now illegal in Illinois, many drivers still engage in this dangerous activity.
Illinois also has modified its comparative negligence laws so that an injured person may only be compensated for their injuries if they are found to be at fault less than 50%. If their fault is less than 50%, but they are still found to be at fault, their compensation may be reduced according to the percentage that they are found at fault.
Pedestrian Accident Injuries
Injuries that pedestrians suffer in accidents with vehicles are often severe and life-changing. This is particularly true if the injuries involve a person’s head, neck, or spinal cord. Other severe injuries may include nerve damage, broken or dislocated limbs or bones, or even loss of part of or all of a limb. Death is also a realistic possibility when a vehicle strikes a pedestrian because a pedestrian does not have safety features such as airbags and seatbelts.
Compensation in a Pedestrian Accident
When a person suffers injuries in a pedestrian vs. car accident, he or she may be entitled to a variety of damages. These damages may include things that are easily measured in value, such as loss of present and future wages and medical expenses, both present and future. Other compensation may include damages that are harder to determine, such as pain and suffering. In the event that the person died as a result of the accident, the family may file a wrongful death claim that could result in compensation for funeral and burial costs, loss of companionship, and more.
Contact an Experienced Pedestrian Accident Attorney Today
The attorneys at Rittenberg, Saks & Robinson, Ltd. understand that if you have been injured in a pedestrian vs. car accident, the result could be life-changing and devastating. While we may not be able to restore you physically, we can help ensure that you will not have to suffer the financial burden of such an accident. We will review your situation and advise you of what your legal options may be. Contact us today to schedule a consultation, and let us do the work so you can focus on your recovery.
FAQs About Pedestrian Accidents in Illinois
What if the driver who hit me fled the scene?
Being the victim of a hit-and-run can be a terrifying experience, but you are not out of options. You may be able to file a claim under your own auto insurance policy’s Uninsured Motorist (UM) coverage, even though you were walking. Or, if the driver is later identified, you’ll be able to pursue a claim directly against them. We can help you explore your possibilities for obtaining compensation.
Can "distracted walking" affect my claim if I was looking at my phone?
Insurance companies may try to put blame on you for being distracted. However, Illinois follows a “modified comparative negligence” law. As long as you are found to be less than 50% at fault for the accident, you can still recover compensation. We can fight to minimize your assigned fault and maximize the driver’s liability.
What if the driver was texting when they hit me?
Texting while driving in Illinois is illegal and a clear act of negligence. Our team can subpoena cell phone records, obtain traffic camera footage, and interview witnesses to demonstrate that the driver was distracted by their mobile device, strengthening your claim for compensation.
Can I seek compensation for the emotional trauma of the accident?
Being hit by a car can cause Post-Traumatic Stress Disorder (PTSD), anxiety, and fears of traffic or walking near roads. These emotional injuries are real and typically compensable. We can advocate for damages that cover your mental health treatment and the loss of enjoyment of life.
Why Choose Saks, Robinson & Rittenberg, Ltd.
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Jennifer Robinson was excellent when handling my case. She is very knowledgeable and thorough with the litigation that was involved.
Jenny is a phenomenal Lawyer. She represented me well and got me a settlement from my workers' comp injury that was just. She fought for me all along the way and it was a long journey but she never gave up. She knows her stuff and...
I’d like to start off by saying, Jennie is absolutely amazing! I got into my first car accident and I wasn’t sure what to do. This is the first time I’ve ever needed a lawyer. Jennie made this process so easy, and she walked me every...
I’ve been working with Attorney Jenny and she has been a complete joy to work with. She kept me updated and in the loop with everything that was going on. She left no stone unturned and no question unanswered. Thank you Jenny for being the rockstar...
Great experience for my worker's comp case. Atty. Jennifer Robinson is awesome!! She explained every step of the process. She made sure I understood my rights. Jenny kept me updated, and was easy to reach when I had concerns. I would recommend this law firm to...
Jennifer Robinson was very professional and attentive to any questions and concerns that I had. I really appreciate her service and very thankful for the outcome of my case.
Jenny is very easy to talk to. She explained the process to me in depth, and it went precisely that way! Jenny is very relatable, and informs you promptly and in a way that’s easy to understand! I highly recommend their team, they got more than...
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