Recovering Damages for Pedestrian Accident Injuries

 Posted on December 05, 2023 in Auto Accidents

Pedestrian accidents can result in severe injuries and devastating consequences for individuals who are struck by motor vehicles. If you or a loved one has been involved in a pedestrian accident, it is important to understand your rights and the legal process for recovering damages. The following is a brief overview of that process. Contact an Illinois personal injury lawyer for more detailed information about your situation if you have been injured in an accident.

Liability in Pedestrian Accident Cases

Determining liability, or who is at fault, is a crucial factor in pedestrian accident cases. Under Illinois law, liability is assessed based on negligence, which means the responsible party failed to exercise reasonable care, resulting in harm to another person.

To establish liability in a pedestrian accident case, the following elements must typically be proven:

• Duty of care – The vehicle driver had a legal duty to exercise reasonable care while operating.

• Breach of duty – The driver breached this duty by failing to exercise reasonable care. Examples of breach of duty include actions like speeding, distracted driving, running a red light, or failing to yield to pedestrians in a crosswalk.

• Causation – The breach of duty directly caused the pedestrian's injuries. It must be demonstrated that the pedestrian's injuries would not have occurred but for the driver's negligent actions.

• Damages – The pedestrian sustained injuries or damages because of the accident. These damages may include medical expenses, lost wages, pain and suffering, and more.

Illinois Laws Relevant to Pedestrian Accidents

Several Illinois laws govern the rights and responsibilities of pedestrians and vehicle drivers in pedestrian accident cases:

• Pedestrian right-of-way – Illinois law requires drivers to yield the right-of-way to pedestrians in crosswalks and at intersections. Pedestrians are granted certain rights when using crosswalks, and drivers must come to a complete stop to allow them to cross safely.

• Crosswalk use – Pedestrians are generally expected to use crosswalks when available and obey traffic signals and signs. They should not suddenly dart into the path of a vehicle, as this can contribute to accidents.

• Distracted driving – Illinois has laws prohibiting texting while driving and using handheld devices while operating a motor vehicle. Drivers must exercise caution and avoid distractions to prevent pedestrian accidents.

• Speed limits – Illinois has specific speed limits in school zones and residential areas to enhance pedestrian safety. Drivers should obey these limits and exercise additional caution in areas with heavy traffic.

• Hit and run laws – Leaving the scene of an accident without stopping, providing information, and rendering assistance as required by law is a criminal offense in Illinois.

Contact an Aurora, IL Personal Injury Lawyer for Legal Assistance

Pedestrian accidents can be complex, and establishing liability and calculating damages requires a thorough understanding of Illinois laws. If you have been injured in a pedestrian accident, call Kinnally Flaherty Krentz Loran Hodge & Masur P.C. at 630-907-0909 to schedule a free case evaluation with one of our skilled Kane County, IL pedestrian accident attorneys and find out what legal recourse you may have.