Pedestrian accidents are all too common and can have dire consequences, leaving you with damages beyond the physical. As a victim of a pedestrian accident, the aftermath can inflict many burdens, comprising not only the physical injuries suffered but also the financial and emotional hardships. From broken bones to brain injuries, recovery can be a long process of surgeries, pain, rehab, and significant lifestyle changes. You will need the support of a Lake County pedestrian accident attorney.
Financially, the effect of the accident can be just as bad. Medical bills piling up, the cost of rehab, potentially losing income because of a disability. All of this financial strain can add to the stress of the entire situation. Emotionally, the profound distress that comes after a pedestrian accident can take a big toll on your mental health. It can also impact your family and loved ones who watch you go through these challenges.
Coping with the legal aftermath of a pedestrian accident can be difficult without the help of an attorney. You may find that you’re overwhelmed by the intricacies of all the legal proceedings. The injury lawyers at Franks Gerkin Ponitz & Greeley are here for you. Our accomplished lawyers know that these accidents can have a significant impact on your life and result in long-term burdens.
Why You Should Get a Pedestrian Accident Attorney
After being involved in an accident as a pedestrian, the thought of dealing with the intricacies of filing a lawsuit can add an overwhelming amount of stress to an already strenuous situation. You have to think about issues with liability, determining the full degree of injuries, and dealing with insurance. Between all of these time-consuming tasks, the emotional and financial strain can be insurmountable. This is the time when you’ll want to start looking for a lawyer.
Trusting an attorney who has substantial knowledge of pedestrian accident law in Lake County, IL, can aid in relieving the weight of the legal aspects of your ordeal. You’ll be able to give more attention to healing with someone on your side who is devoted to advocating for you and your rights. Your skilled attorney can look at all possibilities of your case, evaluating any special conditions to make sure you get justice and the compensation you deserve.
What You Should Do After a Pedestrian Accident
If you are injured in a pedestrian – car accident due to a negligent driver, it’s important to take these steps to ensure you’re protected physically and legally.
- Call the police – Law enforcement should be immediately contacted after the accident occurs, and all details should be given to the police. If you intend to take legal action or file a claim with insurance, a police report can be an essential document.
- Get medical attention – Your health should come before anything else. You may not realize you’re injured or that you have major injuries if you’re experiencing an adrenaline rush, and sometimes injuries don’t become apparent right away. It’s advised to be seen by a medical professional as soon as possible. The documentation of your injuries will also aid in a lawsuit.
- Get the driver’s information – If you’re waiting for the police to arrive, that’s a good time to get the driver’s insurance and contact information. Some drivers prefer not to wait for the police and may drive away. For this reason, you should make sure to get the make and model of the car and the license plate number.
- Take pictures – You should document everything about the accident. This includes taking pictures of the scene and any traffic signs or surrounding conditions that may be significant.
- Get the names of witnesses – Having witnesses who can corroborate your story can significantly improve your chances of getting fair payment. Take down the names and contact information of anyone who saw what happened.
- Contact a personal injury lawyer – As soon as you can, get in contact with a lawyer who is experienced in handling pedestrian accidents.
- Keep a record of everything – Everything from visits to your doctor to the effects your injuries have on your day-to-day life should be documented. This can provide a further understanding of how the accident impacted your life.
It’s important to remember pedestrian accident cases are not all the same. Consulting with a lawyer is important to knowing what course of action is right for your circumstances.
Potential Injuries in a Pedestrian Accident
After being involved in an accident, pedestrians can incur a number of injuries of varying severity levels. Some common injuries include:
- Head injuries – If a pedestrian is hit by a car or falls to the ground, they are susceptible to any form of traumatic brain injury. An injury to the head can result in severe damage and can have long-lasting effects.
- Broken bones – The impact of being hit by a car can leave the victim with minor fractures or severe breaks that require surgery.
- Spinal cord injuries – A spinal cord injury can quickly lead to some form of paralysis and neurological issues.
- Internal injuries – Internal damage as a result of blunt force trauma to the body isn’t always apparent immediately. You may not realize you’re injured until you see a doctor.
- Emotional distress – The emotional toll an accident can have on an individual can be astronomical. Victims can often experience PTSD, depression, and anxiety in the aftermath.
- Wrongful death – The worst possible outcome of a pedestrian-car accident is the death of an individual. A wrongful death due to an accident can happen at the scene of the accident or be a result of injuries sustained.
Statute of Limitation for Pedestrian Accidents
In Illinois, the standard timeframe for a pedestrian to file a personal injury claim is two years, starting on the date of the accident. In the event of a wrongful death that is a result of the injuries sustained from the accident, the statute of limitation is two years from the date of the death.
If you fail to file a claim within this window of time, you may forfeit your right to legal action. Therefore, it is vitally important for anyone who has sustained injuries as a pedestrian in an accident to take action as soon as possible and begin the legal process.
Who Can Be at Fault in Pedestrian Accidents?
Driver negligence is commonly the cause of a car accident involving a pedestrian. All drivers on the road have a responsibility to practice reasonable care. Some common situations where a driver can be at fault in a pedestrian accident include:
- Failing to yield to pedestrians, especially when the pedestrian has the right of way
- Any form of distracted driving, including texting, eating, and talking on the phone
- Speeding and ignoring traffic signals
- Driving recklessly
- Driving under the influence of drugs or alcohol
Pedestrians can bear fault in a pedestrian accident as well. It’s easy to believe a pedestrian always has the right of way and is never at fault in a pedestrian accident, but that’s not true. Like drivers, pedestrians also have a responsibility to practice reasonable care and obey the rules of the road, so it’s possible for an accident to be caused by pedestrian negligence.
A form of negligence for a pedestrian is walking on or near the road under the influence of drugs or alcohol, creating a hazardous situation. Illinois law states that a pedestrian:
- May not suddenly start walking or running in front of a moving car.
- Must yield right of way to all cars when crossing the road at a place where a tunnel or overhead crossing has been provided for pedestrians.
- Must yield right of way to all cars when crossing the road anywhere outside of a marked or unmarked crosswalk.
- May only cross on marked crosswalks between intersections where there are traffic control signals operating.
- May only cross an intersection diagonally when traffic control devices authorize it.
- May not walk in the road unless there is no sidewalk to walk on.Then, they must walk to the right so as not to create a hazard.
Fault in a pedestrian accident doesn’t always fall on one party or the other. The driver and the pedestrian can share fault if they were both negligent, contributing to the unsafe conditions that caused the accident. In Lake County, if a pedestrian is determined to be at fault to any extent for a car accident where they were injured, it can drastically affect the outcome of their lawsuit, and the ability to seek compensation can be restricted.
Comparative Negligence Defense
Proving a driver’s negligence in a pedestrian accident can be a difficult feat. When you bring comparative negligence into the mix, things can become more complicated. In some cases, even if there is evidence that proves the driver is at fault, it is still possible for them to reduce their financial responsibility if they can prove you were at fault as well. With the comparative negligence system, you and the driver may both bear a percentage of the fault if it is found that you were both negligent.
When a driver takes up the comparative negligence defense, the legal process then becomes about closely examining both parties’ actions that led to the accident to determine how much fault to assign to you and the driver.
The state of Illinois maintains modified comparative negligence as the official way to handle damage recovery after an accident. Under this system, if it is determined that you, the injured pedestrian, are at least 50% at fault for the accident, you will not be entitled to any form of compensation. If it is determined that you are less than 50% at fault, you can still receive compensation, but the amount may be reduced, and you may not get the full cost of damages paid to you.
The smartest way to mitigate your own responsibility in an accident is to have a skilled lawyer who can present a strong case for you.
What to Expect From Your Personal Injury Lawyer
Once you hire a lawyer for your personal injury case, you can expect unwavering support and a variety of services while they put in the work advocating for your rights to fair compensation and justice. Typically, you can expect your lawyer to guide you through the entire process of your case, from a full evaluation to negotiations and representation in court if negotiations don’t go your way.
The evaluation of your case will aid in determining if you have a strong case or not and if you can potentially receive recovery of damages. A full investigation is often conducted to gather any evidence that might support your case. This is why it’s important to file a police report and keep a detailed record of everything involving the accident. Your lawyer may also represent you in speaking with insurance companies and manage all legal documents.
Taking all of the legal aspects off of your shoulders and providing you with endless guidance can prove to be increasingly beneficial, but the services of your lawyer may not stop there. In some cases, your lawyer may be a major support system in your life during the legal process. They know what challenges you’re possibly experiencing and can give you the reassurance you need to see it through.
It is of the utmost importance that you are open and honest with your attorney to make sure you understand every aspect of your case and feel assured of their representation. Your lawyer will be open about all of the possible legal routes you can take and the outcomes based on the specifics of your case.
Contact a Personal Injury Lawyer at Franks Gerkin Ponitz & Greeley
If you were involved in a pedestrian accident and want to seek financial compensation for all the damage you suffered, contact Franks Gerkin Ponitz & Greeley. This dedicated team of attorneys is experienced in handling various personal injury lawsuits, and they handle each case with compassion, patience, and full transparency. With your legal affairs in their capable hands, you can be confident that you will get the greatest possible outcome.
