Crossing the street is a routine part of our lives, and yet this action exposes us to the danger of being hurt by an inattentive or careless driver. Pedestrians struck by a motorist can suffer serious injuries and fatalities, often while walking within designated crosswalks. Negligent drivers who fail to properly yield to pedestrians can be held legally accountable for harm caused by their conduct. For decades, the Chicago car accident attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca have negotiated and litigated on behalf of motor vehicle accident victims throughout the state. Our AV-rated firm appreciates the emotional and physical devastation that follows an accident, and works to secure maximum financial compensation for our clients throughout the state.Pursue Damages Against a Driver Responsible for Harming a Pedestrian
According to Illinois law, drivers are required to exercise due care while operating a vehicle in order to avoid colliding with pedestrians, bicyclists, and other motorists. Additionally, pedestrians have the right of way at crosswalks. By enacting vehicle codes addressing the importance of protecting pedestrians, the state legislature has recognized the potential dangers posed by vehicles. Additionally, even when a pedestrian is walking in a non-designated crosswalk, motorists are required to use reasonable care and avoid causing them harm.
Negligence is the basis for many injury claims asserted by a victim plaintiff following a car accident. As the plaintiff in personal injury lawsuit, the victim would be required to show the defendant driver failed to operate their vehicle as a reasonable person would, under similar circumstances. The elements that must be proven include: (1) duty; (2) breach of duty; (3) causation, and; (4) damages. Breaking safety laws and driving carelessly are likely to be deemed negligent by a judge or jury.
A motorist that has violated the Illinois vehicle code and injured a pedestrian has most likely acted negligently, and therefore is liable for resulting harm. In this situation, a victim may have alleged negligence per se, a slightly different legal claim than negligence. Asserting negligence per se requires the victim show that the driver violated a regulation, directly causing them injury of the type the statute was intended to prevent. A skilled Chicago auto accident lawyer can assert all the proper claims depending on the specific facts of the situation.
Injured pedestrians that demonstrate the legal fault of a driver for causing an accident may recover damages, designed to put them in the place they would be had the accident not occurred. This compensation addresses not only the physical consequences of an accident; it includes the emotional pain and suffering associated with the crash. A decreased quality of life is a component of a damages claim; victims may set forth proof that they can no longer participate in those activities they enjoyed before the accident.
Victims of car accidents can recover harm for both past and future medical care related to the crash. To recover damages for future medical care, it may be necessary to present medical testimony stating the need for such care, and expected costs. Necessary home modifications, and ongoing physical therapy are also expenses that can be recovered through a personal injury claim.
There are some situations in which a pedestrian may be partially to blame for their injuries. For example, an intoxicated individual that misjudges the speed of an oncoming car and attempts to cross a street may suffer serious injuries. The defendant driver in this scenario could raise a comparative negligence defense. According to Illinois law, the victim’s recovery would be reduced by his or her percentage of fault. Because Illinois follows a modified comparative negligence doctrine, the plaintiff victim will not recover damages if she was more than 50% at fault for the accident.Retain a Skilled Attorney to Help with Your Chicago Accident Claim
Pedestrian accident victims and their families can face overwhelming medical costs and financial distress related to their injuries. If you or a loved one has been hurt as a result of a careless or negligent driver, the car accident lawyers at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, will provide legal represenation and guidance as you pursue your right to recover from the at-fault party. We serve clients in communities across the state, including those in Rockford, Springfield, Champaign, Quincy, Aurora, and other areas of Winnebago, Adams, Sangamon, Cook and Kane Counties. Our office can be reached by phone at (800) 444-1525 or through our online form. The first consultation is complimentary, so take the time to explore your options by contacting our office today.