Even though pedestrians usually have the right of way, some drivers still hit people who are crossing the street or walking along Illinois roads. These crashes can cause life-changing injuries or even death. The team at Fabbrini Law Group has spent decades helping injured pedestrians, and our Chicago pedestrian accident attorneys know that many drivers simply ignore the basic safety rules they’re supposed to follow when a person is on foot.
If you or someone you care about was hurt by a careless driver while walking or crossing a street in Chicago or the surrounding area, contact us today to set up a consultation and learn about your legal options. In the meantime, keep reading to learn about the steps you have to take in order to file a pedestrian injury claim in Chicago.
Determine Who is at Fault for Your Pedestrian Accident
More than one person or group can be responsible for a pedestrian accident, but when a car is involved, the driver is usually to blame. Drivers must follow traffic laws and watch out for people on foot. They are supposed to stop for pedestrians at intersections and most crosswalks, whether or not the crosswalk is marked. If a driver didn’t yield when they should have, an investigation will prove this, and that driver can be held responsible for their negligence.
Other Parties Who Could Potentially Be At-Fault
Other parties could potentially bear liability for a Chicago-area pedestrian accident, such as:
- The pedestrian: A pedestrian may be fully or partly to blame for an accident if they acted carelessly and caused the situation. This could happen if someone was messing around near traffic or ran into the road on purpose. If a pedestrian is blamed for causing a crash, they should talk to a lawyer right away. Illinois’ shared-fault rules may still allow them to get compensation, even if they were partly responsible.
- Construction companies: It can feel like there is always construction happening in and around Chicago, especially on busy roads. Sometimes, construction crews direct pedestrians the wrong way, even sending them into areas where cars are coming toward them.
- Government entities: A government agency may be responsible if it did not properly check or maintain sidewalks, crosswalks, or traffic signals. They can also be at fault if a bad road design played a part in the pedestrian accident.
A careful investigation of the pedestrian accident can reveal everyone who might be responsible. In some cases, you may need to file claims against more than one party to get the full compensation needed to cover your losses.
Post-Accident Steps That Help Your Pedestrian Injury Claim
Right after a pedestrian accident, everything can feel confusing and stressful. When you leave the hospital, it’s important to take steps that protect your rights, including your ability to seek compensation. A Chicago pedestrian accident attorney can handle the legal work for you so you can focus on healing.
Keep a Written Record
Once you have collected yourself, write down everything you remember about the incident. Do this as soon as possible so the details are still fresh in your mind. Having a well-written record will help you remember who did what when when you talk to your lawyer, even if it’s months or years after your accident.
Contact a Trusted Chicago Pedestrian Accident Lawyer
Don’t wait too long to reach out to a lawyer after a Chicago-area pedestrian accident. The more time goes by, the harder it will be to build a strong case. Waiting also increases your odds of missing the deadline to file your claim, which could prevent you from collecting any financial compensation at all, no matter how entitled you may otherside be.
Follow Your Doctor’s Instructions
After a pedestrian accident, you need to follow your doctor’s orders to the letter. If you ignore medical advice or miss treatments, it leaves the defense free to suggest that your injuries are not all that serious, which could reduce your settlement or cause your claim to be thrown out. Make sure you take all of your medicines, attend each and every follow-up visit (even if you don’t feel like it), go to your physical therapy appointments, and use any medical devices recommended by your doctor.
Never Discuss Your Accident Without a Lawyer Present
Defense attorneys and insurance adjusters will, without a doubt, contact you in the days immediately after your accident. Be polite, but do NOT answer any of their questions about the incident, as your answers could unintentionally jeopordize your case. You should only speak to them in the presence of your lawyer. Alternatively, you could instruct your lawyer to deal with all communication for you, so you don’t need to fret over returning emails and answering phone calls.
Save Your Invoice and Bills
Just because you were hurt in a pedestrian accident does not automatically mean you get a bunch of money. You must file a claim against the at-fault driver or their insurance company. To help your case, save every bill, receipt, and invoice related to the accident. This will make it easier for your lawyer to figure out how much compensation to request, and you will need these documents during the claims process.
Understand the Statute of Limitations
In Illinois, you only have two years from the day your accident occurred to file a lawsuit. Aside from a few exceptions, this deadline is largely inflexible, making it important to talk to a Chicago pedestrian accident attorney as soon as you can. If you miss the deadline to file your claim, you will almost certainly lose your chance to collect financial compensation.
How Can an Experienced Chicago Pedestrian Accident Attorney Help My Case?
A knowledgeable pedestrian accident lawyer in Chicago can be a huge help when you start your claim. As someone who was hurt, your main job should be healing and getting back to your normal routine.
When you have a lawyer on your side, you have someone who will investigate the accident and talk to everyone involved for you. They will deal with the insurance company, negotiate with the at-fault party, and get your case ready for trial if needed. Your lawyer will also connect you with reliable medical and financial experts who can help figure out how much compensation you should receive.
Your lawyer will act as a go-between so you don’t have to deal directly with the other parties. They will always look out for your best interests and keep you updated as your case moves forward.
Talk to a Chicago Pedestrian Accident Attorney
Pedestrian accidents can cause serious, lifelong injuries that change a person’s life in major ways. The experienced Chicago pedestrian accident lawyers at Fabbrini Law Group, LLC, have over 65 years of combined experience handling these tough cases.
If you were hurt in a pedestrian accident and it wasn’t your fault, call us at (312) 494-3131 or fill out our online contact form to set up a consultation with our legal team.