Taking Legal Action After a Pedestrian Injury

 Posted on October 25, 2022 in Personal Injury

Pedestrian accidents often result in severe or life-threatening injuries. If you or someone you care about was hit by a car, you may be eager to take legal action against the at-fault party. In most cases, legal responsibility or “liability” for a pedestrian accident falls to the driver of the vehicle. However, there are cases in which another party may be considered fully or partially at fault.

Injured parties or the surviving loved ones of deceased parties may be entitled to monetary damages for medical needs, funeral and burial costs, and more.

Elements of a Pedestrian Accident Claim

An injured person may file a personal injury claim and pursue financial compensation for damages if the following elements are present:

• Duty – The defendant owed the plaintiff a duty of care. In the context of pedestrian accidents, drivers have a duty to drive carefully and follow traffic laws. Vehicle manufacturers have a duty to ensure that the vehicle functions properly and does not contain dangerous defects that increase the chances of a collision.

• Breach of duty – The defendant breached the duty of care. Texting and driving, speeding, and running a stop sign may all be examples of breaches of duty that can lead to a pedestrian collision. Negligent repair of a vehicle, vehicle defects, or even negligent design of an intersection may also be examples of breach of duty.

• Injuries – The plaintiff was injured by the defendant’s breach of duty. Traumatic brain injuries, spine injuries, and broken bones are common in pedestrian accidents.

• Damages – The plaintiff suffered damages such as medical bills and lost income due to his or her injuries.

Liable Parties in a Pedestrian Crash

Most pedestrian crashes are caused by negligent driving. A driver who is sleep-deprived may doze off behind the wheel and swerve onto the sidewalk, striking a pedestrian. An intoxicated driver may be too inebriated to notice a pedestrian in a crosswalk. Someone running late may run a stop sign and accidentally strike an individual crossing the road. If the driver is at fault, the driver’s insurance company may be required to pay the pedestrian compensation for damages.

It is also possible that the at-fault party is someone other than the driver. For example, if a mechanic failed to adequately fix a brake issue and this led to the collision, the mechanic could be liable. In some cases, the pedestrian himself or herself is considered partly or fully at fault. For example, if a pedestrian runs into traffic, the driver may not have had time to stop. Fortunately, Illinois law allows people to pursue financial compensation for an injury even if they were partially at fault for the accident. If the injured party is less than 50 percent responsible for the accident, he or she may still be entitled to compensation.

Contact a Chicago Pedestrian Accident Lawyer

If you or a loved one were harmed in a pedestrian collision, contact our Chicago personal injury attorneys for help. Call 312-236-6324 for a free consultation.

Source:

https://www.illinoiscourts.gov/courts/circuit-court/illinois-pattern-jury-instructions-civil/