When a car hits a pedestrian, it can be catastrophic and even fatal. In many cases, pedestrians struck by vehicles are seriously injured because there is nothing to cushion the impact between their body and the vehicle. When involved in this type of accident, it is important to file a personal injury claim for a pedestrian accident where your attorney can obtain fair and comprehensive compensation according to what the law provides.
In some cases, victims die from the impact of the vehicle and then, when possible, with the help of a traffic accident attorney, a door can be opened where a lawsuit can be filed on behalf of the deceased. The victim's family can also claim for their losses.
If you need it, you should contact Conexión Legal as soon as possible by calling 1800 201 1220 or writing to us through WhatsApp so that you can receive the best free consultation and, if applicable, you can obtain the highest possible compensation with the firm and transparent representation of a traffic accident attorney.
To sue a negligent driver for a pedestrian accident to obtain compensation, in most cases, the person injured in a motorized vehicle collision must go against the at-fault driver and prove their negligence with preponderant evidence.
In many cases, you must file a personal injury claim within two years after the date of the accident. In some other cases, a much shorter notice period is required. If you do not file a lawsuit within this timeframe, you risk losing your right to file a full claim.
To determine negligence, you must prove the defendant's duty of care, breach of duty, actual and proximate cause, and actual damages. One way to prove that the defendant violated their duty in Illinois is to prove a violation of the County Motor Vehicle Code.
For example, a driver who encounters a pedestrian after failing to stop at a stop sign or who drives drunk is likely liable for a reasonable breach of the duty of care.
In more complex cases, it may be appropriate to call an accident reconstruction expert. The expert can examine property damage, injuries, deposits, skid marks, and testimony to determine if there was a breach of duty.
In some cases, the driver accused in a pedestrian accident in Chicago may have been working at the time of the accident. Then, the employer could also be named as a defendant. The employer may be held liable for the acts of third parties and the personal injuries they have caused under a theory of direct liability, such as a contract for negligence, or a theory of vicarious liability, such as respondeat superior.
In some cases, a pedestrian may have been partially responsible for an accident. Illinois follows a modified form of comparative negligence. Provided that the plaintiff's liability is proven to be less than 51%, the plaintiff can claim damages, which are reduced based on their percentage of fault. The jury determines the total damage and assigns a percentage of fault to each party.
Unfortunately, pedestrian accidents are not uncommon. According to the National Highway Traffic Safety Administration, the Insurance Institute for Highway Safety, and the Chicago Metropolitan Planning Agency in 2012: 4,743 pedestrians died in traffic accidents in the United States.
Pedestrian deaths represented 14% of all road deaths; 19% of pedestrians killed were hit by racing drivers; 73% of pedestrian deaths occurred in urban areas; 30% of deaths occurred at intersections; 15% of pedestrians who died in accidents were 70 years of age or older; 76,000 pedestrians were injured.
Of the 76,000 injured, 14,000 (18%) were children under 15 years of age. Pedestrians not only include those who walk on city streets, but also runners, skaters, and users of wheelchairs or other mobility aids. Pedestrians also include people on or near a street, for example, people who cross the street to visit neighbors or children playing on the sidewalk.
If you need it, you should contact Conexión Legal as soon as possible so that you can receive the best free consultation, and in this way, you can access the highest possible compensation.
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