Illinois Pedestrian Accident Lawyers

In an accident between a pedestrian and car, it is generally impossible for a pedestrian to escape completely unscathed. Due to the size, speed, and weight of a vehicle, walkers and joggers stand no chance should a reckless driver crash into them. Therefore, it should come as no surprise that pedestrian accidents are often devastating—and sometimes deadly.

The National Highway Traffic Safety Association reports that nearly 5,000 pedestrians are killed in vehicle-related accidents across the country each year. These accidents can occur when people attempt to cross a busy highway or because of poor maintenance of a property. In Illinois, the state Department of Transportation reported that over 4,000 pedestrian accidents in 2014 resulted in nearly 130 fatalities. If a poorly maintained property, a property defect, or a driver’s dangerous misconduct seriously injured you or someone you know, you may be entitled to financial compensation, and we can help.

If you have been injured in a pedestrian accident, you may be entitled to financial compensation to help you with your pain and suffering as well as medical bills and lost wages.

Conveniently located in Kankakee, Danville and Champaign, when you are ready to discuss the facts of your case, reach us directly. Our Illinois pedestrian accident lawyer from Spiros Law, P.C. are available 24/7 by message. So, schedule a free case review today!

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What is a Pedestrian Accident?

In general, there are two types of pedestrian accidents. The first is a pedestrian-vehicle accident. These cases usually hinge on the duty of care of each of those involved. Both the driver and pedestrian must obey traffic rules and pay attention to the conditions on the road. In most instances, it is obvious who the court will determine is at fault in a pedestrian accident claim. However, the court does look at numerous factors in applying the facts to the negligence claim. A few of the most common factors that contribute to driver’s negligence include the following:

• Distracted driving
• Speeding
• Failing to yield the right of way to pedestrians at crosswalks
• Disobeying traffic signals or signs
• Failing to signal while turning
• Disregarding weather conditions or traffic conditions
• Driving under the influence of drugs and alcohol

Of course, the court expects pedestrians to exercise their own reasonable level of care despite, or because of, the hazards present in the road. The care required from a pedestrian must be proportionate to the danger that must be avoided. Contributory negligence may be sought against a pedestrian if they failed to exercise a reasonable level of care and contributed to their own injury.

A few of the most common factors contributing to pedestrian negligence include the following:

• Ignoring the “Walk” signal at an intersection
• Entering traffic and disrupting the flow
• Failing to use marked crosswalks
• Darting in front of a vehicle

All of the above factors may constitute negligence on the part of the pedestrian.

Other Pedestrian Accidents

Non-vehicular pedestrian accidents can occur when a pedestrian is injured on private or public property, such as a sidewalk. These types of claims fall under the legal area of premises liability claims. In most states, including Illinois, those in control of the property have a duty to maintain the premises and to warn the public of any potential hazards.

If an owner’s property defect harmed you or someone you know you may be able to recover damages in a premises liability claim. The injured party must first prove that a dangerous condition on the property exists. The court will acknowledge that a dangerous condition exists if any of the following scenarios can be proven:

• The owner created the problem
• The owner knew the condition existed and ignored it
• The condition existed for a significant period of time and should have been corrected before the incident

If one of the above scenarios can be proven, the property owner might be liable for the accident that caused you harm.

What Should I Do If I Was Involved in a Pedestrian Accident?

In the case of a pedestrian accident, other parties may try to blame you for the incident by claiming that you were at fault. If you were involved in a pedestrian accident you should do the following:

• Call the police immediately
• Stay at the scene of the accident until help arrives
• Gather names and numbers of witnesses
• Do not make statements to anyone, including drivers and insurers
• Seek legal help immediately

It is crucial that you contact an experienced pedestrian accident lawyer as soon as you are able to. This will help you protect your rights, your health, and your financial future after a severe injury accident.

Determining Fault in Pedestrian Accidents

Should you choose to walk around in the middle of the road, you are putting yourself at risk for serious accidents. However, if you are walking or jogging in a designated pedestrian area, car drivers have a responsibility to avoid you. If a driver’s recklessness, such as driving drunk, causes him or her to crash into you, you may be able to take legal action.

On the other hand, drivers are not always the ones responsible for pedestrian accidents. Sometimes, a street may be built in a way that puts pedestrians in danger. In these cases, the municipality may be liable for your accident.

Safety Tips for Pedestrians

If you are walking or jogging near a road, there are several things that you can do to help protect yourself, including:

• Wear bright or reflective clothing
• Avoid walking or jogging at dusk or at night
• Always use sidewalks, if available
• Only cross at designated crosswalks, such as stop signs

Unfortunately, you cannot always predict when a reckless driver will ignore these pedestrian right-of-ways. You should consult an attorney today if you have been injured in a pedestrian-car accident.

Contact Us

All drivers have the responsibility of remaining aware of nearby pedestrians. In addition, cities are responsible for building safe walkways for pedestrians. If you are a victim of an accident between a car and a pedestrian, you should not let this negligent act go unpunished. Contact an experienced Illinois pedestrian accident lawyer from Spiros Law, P.C. today to learn more about your legal options.