In the course of our daily lives, most people are at some time pedestrians who need to cross streets and roadways. Unfortunately, many drivers are distracted or fail to keep a proper lookout for pedestrians, resulting in accidents where pedestrians are often seriously injured.
If you are injured as a pedestrian due to a negligent driver, you have the right to hold the driver responsible for your injuries and related losses. If the driver’s negligence is proven, you will be entitled to monetary compensation.
At Drake & Collopy, P.C., our legal team is dedicated to helping you recover the compensation you deserve after a pedestrian accident. The first step is to get in touch with us to discuss your situation.
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Steps to Take After a Pedestrian Accident
Just like with any other accident, you need to act quickly after a pedestrian accident. Knowing what steps to take is essential. Taking the right steps after an injury will help you increase the likelihood of a successful claim and settlement in your case and situation.
Some of the steps you need to take immediately after you are involved in a pedestrian accident include:
- Contact the authorities
- Document the scene with pictures and video
- Gather contact information from those involved and all witnesses
- Seek medical attention
Common Causes of Pedestrian Accidents in Chicago and Illinois
Like other accidents, liability and fault in pedestrian accidents are not always immediately clear. Many factors can lead to a pedestrian being struck by a vehicle. While this is true, some causes of pedestrian accidents are more common than others. These include:
- Driver’s failure to yield or to give the right-of-way to pedestrians
- Driver turning at an intersection without keeping a proper lookout
- Texting while driving
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Pedestrian Accidents Involving Children in Chicago and Illinois
Unfortunately, many children are victims of pedestrian accidents. Drivers must use extra caution when driving in an area where children tend to be, which includes:
- Recreational areas
- Residential neighborhoods
- Playgrounds and parks
- School zones
- Shopping areas
Drivers should remember that children are not always as aware of their surroundings, nor do they understand all the dangers that moving vehicles pose. It is also more challenging for drivers to see children because they are smaller than adults.
Understanding the Role of Driver Negligence in Pedestrian Accidents
Many pedestrian accidents occur because of driver negligence, distracted driving, or a complete disregard for pedestrian safety. If you are injured in a pedestrian accident, our attorneys will aggressively fight for your right to recover compensation for the injuries and damages you experienced.
Determining Liability in a Chicago Pedestrian Accident
Our team will work hard on your case to determine the cause of your accident and who is responsible for the financial, emotional, and physical harm you incur. In some situations, it is not just the driver who is liable. The driver’s employer, social host, or a bar that provided alcohol prior to the accident to the driver may also be liable.
We will work to identify all possible defendants and all types of compensation that you may be entitled to recover. To prove your case and ensure your losses are fully accounted for, we may also use the services of experts such as accident reconstructionists, medical experts, and life care planning.
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Potential Damages You Can Recover in a Pedestrian Accident
If you are hit as a pedestrian, the likelihood of severe injuries is high. The injuries may range from minor cuts and bruises to more serious injuries including broken bones, traumatic brain injuries, or internal bleeding. Getting fully compensated for your injuries will make an enormous difference, especially if you require long-term medical expenses.
If a negligent driver in Chicago or Illinois causes you injuries, you may be entitled to recover compensation for:
- Medical bills for the injuries (past and future)
- Pain and suffering
- Lost wages or income
- Loss of a normal life
- Reduction of your future earning capacity
Pedestrian Accident Cases and Punitive Damages
In some situations, pedestrian accidents involve more than drivers who are negligent. If the driver who caused your injuries behaved recklessly or was intoxicated, then you may also be entitled to receive punitive damages. The purpose of punitive damages is to punish the driver for acting egregiously.
How Our Pedestrian Accident Attorneys Can Help with Your Pedestrian Accident Case
At Drake & Collopy, P.C., our goal is simple – we want to help you recover the maximum amount of compensation to help move on with your life after the accident. The first step is to conduct a thorough investigation of the case and situation. During the investigation, some of the things we may do include:
- Review the incident report from the police
- Collect and analyze photos from the accident scene
- Inspect the accident scene and the vehicle involved
- Speak to witnesses
- Obtain and review any available video footage
- Examine toxicology test results police took from the driver (if applicable)
- Review electronic data recorder information (if available)
- Review the driver’s cell phone records
- Gather and evaluate your initial medical records
The Statute of Limitations for Chicago and Illinois Pedestrian Accidents
There is a statute of limitations that limits the amount of time you have to file a claim for personal injuries in Illinois. Generally, your accident claim must be filed within two years of the accident or your family member’s death. In certain situations, the statute of limitations may be shorter or longer than two years.
If you fail to file a claim within the applicable statute of limitations period, you will lose your ability to receive compensation under the law. Therefore, it is important to contact us without delay after being involved in a pedestrian accident.
Related Article: ELEMENTS OF A PERSONAL INJURY CLAIM
Common Questions About Pedestrian Accidents in Chicago and Illinois
Some of the most frequent questions we are asked about pedestrian accident claims in Chicago are answered below.
Can you really afford to hire a pedestrian accident attorney?
After an accident, your injuries may make it impossible for you to return to work. Because of this, you may lose your ability to earn money and support yourself and your family. Due to your financial struggles, you may not think you can afford to hire a pedestrian accident lawyer to handle your case.
However, our law firm works on a contingency fee basis. This means that we only get paid if and when your case is successful. You never have to pay us out-of-pocket for our legal services. We will collect our fee from the settlement you receive. Therefore, monetary worries should not discourage you from hiring an experienced personal injury lawyer in order to protect your rights and obtain the compensation you deserve for your injuries and losses.
When should I call an attorney after a pedestrian accident?
It is best to contact our legal team as soon as you can after your accident. The sooner you contact us, the sooner we can get started on your case and claim.
Do you need to see a doctor after a pedestrian accident if you feel fine?
When you are struck by a vehicle as a pedestrian, you have no physical protection from the collision. Even if you don’t feel much pain at first, you should seek medical treatment right away to be evaluated for injuries like internal bleeding, traumatic brain injuries, back injuries, neck injuries, and organ damage. Also, after an accident, due to adrenaline and other factors, you may not be aware of the full extent of your injuries for some period of time.
If you are struck by a vehicle, you need to seek medical attention right away. Even though your pain and injuries may be masked for hours or days, it is important to seek medical care and have diagnostic tests run immediately after the accident occurs. This will also ensure that your complaints and injuries are properly documented, which is crucial if you plan to pursue an accident claim. With many injuries, it is also important to follow up with the appropriate medical specialist who can evaluate your injuries in greater detail and provide you with various treatment options.
Contact Our Pedestrian Accident Attorneys for Help with Your Chicago and Illinois Pedestrian Accident Claim
After being involved in a pedestrian accident, you may be confused, injured, and unsure of what to do. One of the best things you can do is to get in touch with us right away. Our team can review your situation and provide you with the guidance and legal services you need in order to recover the compensation you deserve.
You can count on our expertise and experience to aggressively prosecute your case and secure the maximum amount of compensation available. Contact us today to schedule a free consultation and to get started with your accident claim.
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