Most of us barely think twice when we cross a busy road. We assume that the drivers of the cars and trucks around us will follow traffic laws and operate their vehicles with attention and caution. Unfortunately, this is not always the case. Distracted drivers and those under the influence of drugs and alcohol are the most likely to ignore traffic laws and put pedestrians in danger. Sometimes, a motorist strikes a pedestrian simply because the driver was not paying attention or did not see the pedestrian.
In 2019 alone, more than 6,500 pedestrians lost their lives in traffic accidents in the United States, an increase of 5 percent compared to 2018 and 10 percent more than in 2017. In the same year, more than 100,000 pedestrians required emergency medical treatment for crash-related injuries. If you or someone you love has been injured in a pedestrian accident, you may be able to recover compensation.
Reacting to a Pedestrian Accident
There are certain steps you should take after any car accident, such as calling the police and taking pictures of the accident scene as well as the damage to both vehicles. Doing these things, however, is often not possible if you have been injured as a pedestrian. There is a good chance that you will not be able to do much of anything until the situation settles down and you have been treated for your injuries. However, as soon as you have the opportunity, it is a good idea to contact an attorney who can help with your case.
In order to determine what happened in the accident, your attorney may need to work with the local police station to obtain a copy of the police report. If a report was not filed, you will have the ability to do so yourself, even if you have limited information about the situation. Anything you can offer the police is likely to help the situation. Your attorney can also help you gather and preserve any other evidence that helps to establish the driver’s negligence and supports your claim for compensation.
Getting Compensation for Medical Bills Through a Personal Injury Suit
If you were hit by a car as a pedestrian, it is likely that your primary legal claim will be against the driver of the vehicle that hit you. Drivers are legally obligated to be aware of their surroundings and drive with caution. Even if you were not in a crosswalk when you were hit by a vehicle, it is most likely that the accident will be considered the driver’s fault. In some circumstances, an injured pedestrian may also be able to bring a claim against the city in which they were hit. For example, if hazardous roads or faulty traffic control devices contributed to the accident, the negligent party may be the municipality.
Even if you were partially at fault for the accident, you may still be eligible for some compensation under Illinois’ comparative negligence laws, as long as another party bears greater responsibility. For example, if you were distracted by your phone while crossing the street and were hit by a car turning right on a green light, you could be found partially responsible for the accident. Your compensation in such a case would be reduced by your percentage of fault, as determined through negotiation or litigation. If you are found to be more than 50 percent at fault, however, you cannot collect anything.
Contact a McHenry County Personal Injury Attorney Today
If you or someone you love has suffered an injury due to another person’s negligence, contact an experienced Crystal Lake pedestrian accident lawyer at Botto Gilbert Lancaster, PC, to get the help you need. Call 815-338-3838 for a free consultation with our dedicated team of professionals today.
Sources:
https://www.ghsa.org/resources/news-releases/pedestrians20
https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116