Pedestrian accidents are a significant concern in urban and suburban areas across the United States, including Illinois. These incidents can result in severe injuries, longterm disabilities, and even fatalities. Understanding the legal aspects, types of injuries, and determining fault in pedestrian accidents is essential for anyone affected. This comprehensive guide provides key information on pedestrian accidents in Illinois, highlighting the legal processes, common injuries, and how to protect your rights with the help of an experienced injury attorney.
Pedestrian Accidents in Illinois: The Basics
Illinois is home to bustling cities, suburban neighborhoods, and numerous crosswalks, all of which see heavy pedestrian traffic. Unfortunately, pedestrian accidents involving vehicles are more common than many people realize. According to the Illinois Department of Transportation (IDOT), there are thousands of pedestrian accidents reported annually. While many of these accidents occur at crosswalks or intersections, others happen in unexpected areas such as parking lots or residential streets.
When a pedestrian is hit by a car, the consequences can be lifealtering. Unlike drivers or passengers who are protected by the metal frame of a car, pedestrians are directly exposed and vulnerable, making the injuries sustained far more severe.
Common Types of Injuries in Pedestrian Accidents
Pedestrian accidents can result in a range of injuries, from minor scrapes to lifethreatening trauma. Understanding these injuries is crucial for both victims and their families when seeking medical attention and pursuing a personal injury claim. Some of the most common types of injuries in pedestrian accidents include:
Fractures and Broken Bones
One of the most frequent injuries sustained in a pedestrian accident is bone fractures. The impact of a vehicle, even at low speeds, can result in broken arms, legs, ribs, or pelvis. Severe fractures may require surgeries, physical therapy, and extensive recovery periods.
Head Injuries and Traumatic Brain Injuries (TBI)
Head injuries, including concussions and traumatic brain injuries, are some of the most severe outcomes of pedestrian accidents. A TBI can have long-lasting or permanent effects on cognitive and motor functions, significantly impacting the victim’s quality of life. Even a minor head injury should be evaluated by a medical professional to prevent further complications.
Spinal Cord Injuries
Spinal cord injuries can lead to partial or complete paralysis, depending on the severity and location of the trauma. These injuries often require lifelong medical care and rehabilitation, resulting in significant financial and emotional burdens.
Soft Tissue Injuries
Damage to muscles, ligaments, and tendons, such as sprains or tears, are common in pedestrian accidents. While not as severe as bone fractures or head injuries, these injuries can still limit mobility and require extensive physical therapy.
Internal Injuries
The force of impact can cause internal injuries, including organ damage and internal bleeding. These injuries are especially dangerous because they may not be immediately apparent and can be lifethreatening if not treated promptly.
Cuts, Bruises, and Lacerations
Pedestrians involved in accidents often suffer from cuts and bruises due to the collision or contact with the road surface. While these injuries may appear superficial, deep lacerations can cause significant blood loss and increase the risk of infection.
Determining Fault in a Pedestrian Accident
One of the most critical aspects of a pedestrian accident is determining who is at fault. This determination affects the outcome of any legal or insurance claims and can be a complex process. In Illinois, the principle of comparative negligence applies, meaning that multiple parties can share fault. Understanding how fault is determined can help victims and their attorneys navigate personal injury claims more effectively.
Key Factors in Determining Fault
Location of the Accident
The location where the accident occurred plays a significant role in determining fault. Accidents that occur in crosswalks generally favor the pedestrian, as Illinois law mandates that drivers yield to pedestrians in crosswalks. However, if a pedestrian was crossing outside a designated area or against a traffic signal, fault may be shared or shifted toward the pedestrian.
Driver Behavior
Driver negligence, such as speeding, distracted driving, failing to yield, or driving under the influence, can contribute significantly to fault. Evidence such as traffic camera footage, witness statements, and police reports can help establish driver negligence.
Pedestrian Behavior
Pedestrians are also required to follow traffic rules. Jaywalking, crossing against a signal, or darting into traffic can contribute to or determine fault in an accident. If a pedestrian’s behavior is deemed reckless or negligent, they may share responsibility for the accident.
Witness Testimonies and Evidence
Witness accounts, video footage, and police reports are all crucial pieces of evidence in determining fault. For example, eyewitnesses can describe the actions of both the pedestrian and the driver leading up to the accident, providing valuable insight for an attorney handling the case.
Comparative Negligence in Illinois
Illinois follows the comparative negligence rule, which means that an injured pedestrian can still recover damages even if they were partially at fault, as long as they are less than 50% responsible for the accident. However, the compensation will be reduced by their percentage of fault. For example, if a pedestrian is found to be 20% at fault, they can still recover 80% of the total damages awarded.
What to Do If You’re Involved in a Pedestrian Accident
If you or a loved one is involved in a pedestrian accident, taking certain steps immediately can help ensure safety and protect any potential personal injury claim:
Seek Medical Attention
Prioritize health and safety by seeking immediate medical attention, even if injuries do not seem severe. Many injuries, such as internal trauma or mild concussions, may not show symptoms right away but could worsen over time.
Document the Scene
If possible, take pictures or videos of the accident scene, including skid marks, traffic signals, and the position of the vehicle involved. This documentation can be valuable evidence when working with an injury attorney.
Collect Witness Information
Gather contact information from any witnesses to the accident. Their statements may be instrumental in establishing fault or corroborating your account of events.
Report the Incident to the Authorities
Filing a police report creates an official record of the accident, which can be crucial for legal proceedings and insurance claims.
Consult an Injury Attorney
Engaging a skilled attorney specializing in pedestrian accident claims ensures that your rights are protected and that you receive fair compensation. An experienced attorney can help gather evidence, negotiate with insurance companies, and represent your best interests in court if necessary.
The Role of an Attorney in Pedestrian Accident Cases
An experienced attorney can make a significant difference in the outcome of a pedestrian accident case. Here’s how a legal expert can help:
Assessing the Case
An attorney will evaluate the details of the case, including medical records, police reports, and witness statements, to determine the potential for a successful personal injury claim.
Gathering Evidence
Attorneys have the resources to gather and analyze critical evidence, such as surveillance footage, accident reconstruction reports, and expert testimony.
Negotiating with Insurance Companies
Insurance companies often try to minimize their payouts. An attorney can negotiate on your behalf to ensure that you receive fair compensation for medical expenses, lost wages, and pain and suffering.
Representing You in Court
If a fair settlement cannot be reached, an experienced injury attorney will represent you in court and advocate for your right to full and fair compensation.
Common Defenses Used by Drivers in Pedestrian Accidents
Drivers and their insurance companies often present various defenses to reduce liability or deny claims in pedestrian accident cases. Understanding these defenses can help you and your attorney counter them effectively:
The Pedestrian Was Outside a Crosswalk
Drivers may claim that the pedestrian was not using a designated crosswalk and therefore contributed to the accident. While this may impact fault distribution, it does not necessarily absolve the driver of responsibility, especially if they were speeding or distracted.
Sudden Pedestrian Movement
Drivers may argue that the pedestrian suddenly darted into traffic, making it impossible to stop in time. This defense is common but can be challenged with evidence such as traffic camera footage or witness testimonies.
The Driver Had the Right of Way
A common defense is that the driver had the right of way, and the pedestrian crossed against a traffic signal. In such cases, comparative negligence may come into play, impacting the compensation received.
Compensation for Pedestrian Accident Victims
Victims of pedestrian accidents in Illinois may be eligible for several types of compensation, depending on the severity of the injuries and the circumstances of the case. Compensation can cover:
Medical Expenses
This includes current and future medical bills, surgeries, medications, rehabilitation, and any specialized treatments required due to the accident.
Lost Wages
If the injuries from the accident prevent you from working, you may be entitled to compensation for lost income and future earning potential.
Pain and Suffering
Noneconomic damages such as pain, suffering, and emotional distress can also be included in a personal injury claim.
Permanent Disability or Disfigurement
If the accident results in long-term disability or permanent disfigurement, victims can seek compensation for lifestyle adjustments and reduced quality of life.
Key Tips for Working with an Attorney
To maximize the effectiveness of your injury attorney and your claim:
- Be Transparent and Honest: Provide your attorney with all the details of the accident, including any potential contributing actions you may have taken.
- Keep Records: Maintain detailed records of all medical treatments, expenses, and communication related to the accident.
- Follow Medical Advice: Adhering to your doctor’s recommendations not only aids in recovery but also strengthens your case by showing you are committed to rehabilitation.
Contact Fabbrini Law Group Today
Pedestrian accidents can have devastating consequences, both physically and financially. In Illinois, understanding how to determine fault, the types of injuries sustained, and the role of an experienced injury attorney is vital for navigating a personal injury claim. By being informed and proactive, victims of pedestrian accidents can better protect their rights and work toward receiving the compensation they deserve. Whether it involves an accident at a crosswalk or a more complex scenario, having a knowledgeable attorney by your side ensures that you are equipped to face the legal challenges ahead.
For anyone who has been injured in a pedestrian accident, consulting an experienced pedestrian injury attorney can provide clarity, legal guidance, and peace of mind. Make sure to take the necessary steps promptly to preserve evidence and protect your right to fair compensation.
