Kane County Pedestrian Accident Lawyers
Every day in the Chicago metropolitan area, people travel on foot, by bikes, scooters, skateboards, and more. None of these travelers are immune to pedestrian accidents, many having devastating outcomes. If you or a loved one was involved in an accident, contact our Kane County car accident attorneys to learn more about pursuing damages. An experienced injury lawyer can help ensure you get the compensation you deserve.
Personal Injury Compensation
The compensation a pedestrian will receive depends on the at-fault driver’s assets, the severity of the injuries, the pedestrian’s contribution to the accident, and the insurance coverage of both parties. Pedestrians can be compensated for:
Economic Damages
Economic damages are compensation for all medical bills such as physical therapy, surgeries, hospital stays, and medications, as well as other costs, from lost wages, loss of earning capacity, and any property damaged in the accident, like mobility aids, and clothing.
Non-Economic Damages
Non-economic damages are compensation for physical pain and emotional distress the pedestrian experienced from the accident and injuries. This may be from anxiety, depression, or PTSD caused by the accident. These damages may also include loss of consortium, meaning the impact of the injuries on the victim’s relationships.
Punitive Damages
Punitive damages are awarded if the at-fault person’s actions were particularly reckless or malicious. These are meant to punish them and deter them from similar behavior in the future.
Illinois Is Not a “No-Fault Insurance” State
Nearly all states require automobile insurance, including Illinois. Also, uninsured motorist or underinsured motorist (UM/UIM) insurance is required.
In Illinois, the liability for an accident and the compensation awarded are decided by the state’s modified comparative fault doctrine. Therefore, the injured pedestrian is eligible to receive damages up to the percentage of fault allocated to the driver of the vehicle that injured them. The amount of damages recovered is reduced by the degree of fault assigned to them, and if the judge or jury decides they are 51% responsible for causing the injuries, any recovery will be barred.
If the driver is found at fault, their insurance will provide compensation. If they do not have insurance, the pedestrian’s UM or UIM will compensate for their losses.
Criminal Liabilities
In Illinois, a person killed by the driver at fault can recover damages through civil action for personal injury or wrongful death. State law outlines that the at-fault driver can be charged with reckless homicide. This is a Class 3 felony and comes with imprisonment in the Illinois Department of Corrections, as well as hefty fines.
The driver can only be convicted of reckless homicide if there is proof that their actions were the legal cause of the death and a direct link can be proven.
Statute of Limitations
A pedestrian injured in an accident can pursue a personal injury claim against the driver, and if the pedestrian dies in the accident, their family may be able to pursue a wrongful death claim. These claims come with a time limit for filing, called the statute of limitations. If you or your family member lets that limit expire, the ability to make a claim is off the table, even if the driver is obviously liable. Personal injury claims have a statute of limitations of two years after the accident happens.
A few exceptions are if the injured pedestrian is a minor, the statute of limitations is delayed until they reach the age of 18, and then the timeline starts. In some cases, the statute of limitations may be extended if the injury or cause was not immediately apparent, so the timeline begins at the date the injury was discovered or could have reasonably been discovered.
Causes of Pedestrian Accidents
Even if you are careful, follow traffic signals, and use crosswalks, you cannot always prevent an accident as a pedestrian. The most common causes of pedestrian accidents are:
Driver Factors
- Distracted driving, such as using mobile phones, eating, or any other activities that take the driver’s attention away from the road
- Speeding
- Driving under the influence
- Not following traffic laws, such as failing to yield, running red lights or stop signs, or turning without checking for pedestrians crossing
Pedestrian-Related Factors
- Jaywalking
- Distracted walking through the use of mobile phones or listening to music
- Ignoring traffic signals
- Walking while under the influence
Environmental and Roadway Factors
- Poor visibility from bad weather, low light, foliage, or other obscured roadways
- Lack of designated pedestrian crossings or poorly marked crosswalks
- Construction zones
- Busy parking lots with both vehicle and pedestrian traffic
- Busy school zones or urban areas with high pedestrian traffic
Common Types of Pedestrian Accident Injuries
Pedestrian accidents can result in serious injuries due to the impact of any type of vehicle on an unprotected individual. When the pedestrian is not killed, many experience injuries such as:
- Spinal cord injuries
- Broken bones or fractures
- Head injuries like concussions and traumatic brain injuries
- Chest injuries like rib fractures or cardiac contusions
- Internal bleeding
Pedestrians Most Prone to Accidents
Some groups of people are at a higher risk for pedestrian accidents. They are:
Children
Children who are of elementary school age account for a large portion of pedestrian accidents. Many of these children are unfamiliar with their surroundings, do not understand road safety, are not paying attention, are distracted, move unpredictably, such as darting out in front of cars, and are generally less visible to drivers because of their size.
Older Adults
Adults who are 65 years of age or older are also at higher risk for a pedestrian accident. This is due to their loss of mobility and response time and increased medical conditions such as Alzheimer’s that can cause confusion and disorientation.
Pedestrians Impaired by Alcohol or Drugs
A pedestrian is at a higher risk of an accident if they are under the influence of alcohol or drugs. This is due to their impaired judgment and decreased response time.
What Should You Do If a Car Hits You as a Pedestrian?
The first thing you should do if you are still conscious is get to safety and get medical attention, even if you think you do not need it. Some injuries can be difficult to detect on your own, especially a traumatic brain injury.
Call the police and paramedics. Personally document your injuries by evaluating what areas are in pain, whether you are bleeding, and if you are having trouble visually. Report any symptoms to paramedics as soon as they arrive on the scene. If you can, make notes about the events that led up to the accident. We understand this could be difficult as it is a highly emotional experience. Documenting what you can will help down the line so you do not forget details.
Do not discuss who is at fault when you are still at the scene or when speaking with the driver’s insurance company. Anything you say can be used against you in any legal proceedings. Do not sign any documents they may send you about an offer settlement. Only discuss these matters with your attorney, medical staff, and your own insurance company.
Seek legal assistance. The injuries you may have sustained can lead to difficulties that could seriously impact your life and your future. Choosing a knowledgeable pedestrian accident attorney will protect you and ensure you do not accept a settlement that is egregiously undervalued.
How Can a Kane County Pedestrian Accident Lawyer Help You?
At Franks Gerkin Ponitz & Greeley, we understand the challenges you may be facing as a victim of a pedestrian accident in Kane County. Your medical bills may be piling up, you are in pain, and you may be experiencing emotional turmoil, among other difficulties. Our experienced pedestrian accident attorneys can help in many ways.
Extensive Legal Knowledge
We can explain your rights and options while helping you make informed decisions about your case. After decisions are made, we can guide you through the legal system. Our lawyers will ensure your case complies with Illinois laws and regulations.
Case Evaluation and Evidence Collection and Investigation
We will evaluate your case and identify which parties may be liable for your injuries. Then, evidence will be collected, such as medical records, accident reports, witness statements, and surveillance footage. Your accident may be reconstructed to establish how it happened and who is at fault.
Negotiation and Settlement
We can handle all communications with insurance companies and negotiate for a fair settlement on your behalf.
Emotional Support
Our lawyers can help you focus on your recovery by reducing the stress and burden this case will be on your family. We will serve as your advocate, fight for your preferred outcome, and ensure fair treatment throughout the process.
Contact a Kane County Pedestrian Accident Attorney
If you or a loved one has experienced a pedestrian accident in Kane County, do not take on the legal challenges alone. Contact the pedestrian accident injury lawyers at Franks Gerkin Ponitz & Greeley today so we can help you build your case and help your family move forward.
