As a pedestrian, the safest location is off the street, but crossing when permitted should not come with the risk of an accident. However, a driver can still hit you, whether on the street or alongside it.
A pedestrian accident can cause severe harm, as the impact from a vehicle is significantly greater than that of a person. If you or a loved one has been injured by a vehicle, consult a Chicago pedestrian accident lawyer from Kaveny + Kroll. Our dedicated personal injury attorneys can help you seek the compensation you deserve.
How Pedestrian Accidents Happen and Their Impact on Victims
Pedestrians who follow safety rules—crossing only when permitted, staying within crosswalks, and remaining on curbs—should generally be safe. However, a driver’s actions or inattention to their surroundings can still lead to collisions, resulting in serious injuries.
A driver can become distracted by a phone or in-vehicle displays, failing to notice a pedestrian in time. Additionally, reckless behavior such as speeding and swerving can endanger pedestrians.
Driving under the influence of drugs or alcohol, or while fatigued, further increases the risk of pedestrian accidents. Impairment can prevent a driver from properly observing the road and reacting promptly to avoid an accident.
The injuries resulting from a vehicle striking a pedestrian, even indirectly, can be severe. The disparity in size, weight, and speed between a moving vehicle and an unprotected person often leads to catastrophic and life-threatening harm. Injuries can include:
A secondary impact with the ground, if the pedestrian is thrown, can also cause additional trauma. Serious injuries can require hospitalization and long-term medical care. In severe cases, they can lead to permanent disability, limiting a victim’s ability to work and support themselves.
These consequences form the foundation for a legal claim, which our Chicago-based attorneys can assist you with to help you seek the compensation you deserve following a pedestrian accident.
Bringing Your Claim for Damages After a Pedestrian Accident
An injury claim requires you to identify who caused the accident and whether that person should be held legally responsible, usually because of their negligence. Negligence occurs when a person fails to uphold a legal duty through unreasonable action, leading to damages such as:
- Medical costs
- Property damage
- Lost wages
- Pain and suffering
In most cases, pedestrians are not responsible for accidents, particularly if the accidents occur in designated areas meant to protect them, such as crosswalks and sidewalks. However, if you are struck in a location where you are not supposed to be, such as a freeway, you can be considered partially negligent for contributing to the accident. If you are found partially responsible in court, your compensation can be reduced according to your percentage of fault or eliminated entirely under 735 Illinois Compiled Statutes § 5/2-1116.
Your claim can also face resistance if too much time passes before filing, as the statute of limitations under 735 Illinois Compiled Statutes § 5/13-202 is only two years. Filing beyond the two-year deadline can result in losing your right to seek compensation, so consulting a Chicago pedestrian accident attorney promptly should be a priority.
Consult Our Attorneys To Assist With Your Chicago Pedestrian Accident Claim
You do not have to handle the process of recovering from an accident and pursuing a lawsuit alone. You can rely on the assistance of a Chicago pedestrian accident lawyer from Kaveny + Kroll—where we put the personal in personal injury.
We provide experienced representation and personalized attention throughout the entire legal process. Our firm offers the dedication of a small practice combined with the experience of a larger firm. Contact us today to learn how we can assist you with your pedestrian accident claim.