CHICAGO PEDESTRIAN ACCIDENT LAWYER
Chicago Pedestrian Accident Lawyer
Thousands of pedestrian fatalities and injuries happen on an annual basis in the United States. A pedestrian involved in a car accident will likely suffer serious injuries which will result in the financially devastating combination of medical expenses and lost wages. Not only that, but pedestrian accident victims often suffer immense pain, suffering, and lifelong disability. If this sounds like your current situation, you need a Chicago pedestrian accident lawyer from Curcio Law Offices on your side.
We understand that victims in pedestrian accident claims often suffer from catastrophic injuries. That’s why we fight tooth and nail to recover fair compensation on behalf of our clients. Allow us to take on your pedestrian accident case. Call 312-321-1111 to schedule a free consultation with an experienced pedestrian accident lawyer at our law firm today.
Illinois Pedestrian Accident Statistics
We know it might be hard to imagine that pedestrian accidents are a big problem in Chicago. After all, how often do they actually make the news? Unfortunately, they are much more common than you might think. In fact, they’re actually a large problem in the busy Windy City. According to data from the Illinois Department of Transportation, 3,311 pedestrian accidents happened in 2020. 172 of these resulted in pedestrian deaths and the rest resulted in serious injury.
Illinois Laws Protecting Pedestrians
There are a number of traffic laws in place to protect pedestrians involved in motor vehicle accidents. Understanding these laws in the Illinois Motor Vehicle Code can help you build a strong case and provide you with peace of mind that your Chicago pedestrian accident claim is supported.
Pedestrian Safety Rules in Illinois
- Drivers must come to a complete stop at a marked crosswalk and while entering or exiting a school zone on school days. Drivers must also come to a complete stop if it’s necessary to avoid pedestrian involved accidents and other car accidents.
- Drivers must also yield under the following circumstances:
- Turning at an intersection or red light
- When people are present on their side of the road
- While foot traffic has the right of way
- While people are in the crosswalk as the light turns green
- When a pedestrian is leaving an alley, driveway, building, or private road
- When yielding would likely prevent injuries or accidents
- Drivers must exercise extreme caution to prevent traffic accidents with pedestrians and other cars on the road.
- Illinois traffic laws also forbid people from texting and talking on mobile phones while driving.
It is the responsibility of both drivers and pedestrians to prevent pedestrian accidents. If both parties follow their traffic signals and stay in their designated lanes, pedestrian accident cases could begin to decrease.
Common Pedestrian Accident Injuries
Pedestrians are at an incredibly high risk of suffering a catastrophic injury and wrongful death in a traffic accident because they have virtually no protection.
Pedestrian accident injury victims may have grounds to file a personal injury lawsuit if they suffer one of the following common types of injuries:
- Traumatic brain injury
- Spinal cord injury
- Partial or complete paralysis
- Skull and facial fractures
- Nerve damage
- Crush injuries
- Broken bones
- Internal organ damage
- Major road rash, bruising, and lacerations
- Permanent scarring, disfigurement, and disability
- Loss of fetus
- One or more amputations
- Wrongful death
What Causes Pedestrian Accidents in Chicago?
Pedestrian accidents occur for a variety of reasons, due to the fault of either the driver or the pedestrian. Most pedestrian accidents happen due to distracted driving. Too many drivers are too preoccupied with texting or talking on their phones to see what is going on around them. As a result, they frequently miss a pedestrian crossing the street or strolling along the curb. Many of these mishaps are caused by a condition known as inattentional blindness. To put it another way, a motorist may be able to see a pedestrian plainly. Despite this, the motorist fails to respond by slowing down, swerving, or coming to a complete stop due to inattention. When drivers disobey the laws of the road and fail to stop, or when they drive too close to pedestrians, pedestrian crashes occur.
Pedestrian accidents also occur through the fault of the pedestrian. For example, if a pedestrian failed to follow their traffic signals or they walked in an unmarked crosswalk, they could cause a motor vehicle accident. Therefore, they could be held liable for medical bills and other damages in a personal injury claim.
Chicago pedestrian accident attorneys at Curcio Law Offices have successfully litigated dozens of pedestrian accident cases. Whether you’re the driver or the pedestrian injured in the situation, we can help you determine who is at fault and how much financial compensation you can recover.
What To Do if You’re Hit by a Car in Chicago
The most important thing you can do is seek legal assistance from an experienced pedestrian accident lawyer at Curcio Law Offices. Our team offers a free, no obligation consultation to all new clients. But before that, you should take the following steps immediately after a pedestrian accident.
- Seek Medical Attention. As quickly as possible, your doctor should examine you for injuries and begin your care plan. The longer you wait to see a physician, the longer your healing time will be. Some injuries, such as traumatic brain injuries, are also difficult to identify. A doctor will be able to evaluate you and perform the necessary tests.
- Obtain a Copy of the Accident Report. You can get a copy of the report from the law enforcement agency that created it, such as the Chicago Police Department. You can also obtain one from the Illinois State Police.
- Gather Information. Keep photographs of the accident scene, witness information, insurance company correspondence, and receipts for any accident-related costs, including hospital bills.
- Take Notes. Keep note of how your injuries influence your capacity to work and engage in other activities by writing a summary of what you remember about the accident.
- Refer the Driver’s Insurance Company to Your Personal Injury Attorney. Your lawyer at Curcio Law Offices can deal with the driver’s insurance company while you focus on your healing time. Before you provide any statement to the insurance company or accept any settlement offer, you should consult with our team of personal injury attorneys. That way, you won’t accept a settlement that’s worth much less than you deserve.
How Long Do I Have to File a Chicago Pedestrian Accident Lawsuit?
After a pedestrian accident in Illinois, you only have a certain period of time to make a claim. The statute of limitations is the legal term for this. The Illinois statute of limitations gives injured pedestrians 2 years. If your loved one died in a pedestrian accident, you also have 2 years to file a lawsuit.
If you wait too long and fail to meet the deadlines, you will likely lose your right to compensation. Therefore, we highly recommend contacting a Chicago pedestrian accident lawyer as soon as possible. Curcio Law Offices stands ready to fight for your right to compensation.
Can I File a Claim on Behalf of My Child if They Were Hit By a Car?
Yes. Parents can file a pedestrian accident case on behalf of their children’s injuries. You must prove that the driver committed the 4 D’s of negligence in order to receive appropriate compensation. Our team of Chicago pedestrian accident lawyers can help you do this.
You may not have a strong case if the driver can prove that your child caused the crash. It’s important to note that children under the age of five are typically not held responsible under Illinois law, so accurately determining fault may be more complicated. That’s why you need experienced pedestrian accident lawyers from Curcio Law Offices on your side.
Can I File a Wrongful Death Lawsuit if a Family Member Was Killed in a Chicago Pedestrian Accident?
Yes. Following a pedestrian accident, Illinois law permits the decedent’s family to file a wrongful death claim for damages such as medical bills, lost wages, funeral and burial costs, and loss of companionship. Close family members – such as spouses, parents, or children – can file pedestrian accident cases that result in wrongful death.
Damages for Chicago Pedestrian Accident
Depending on the facts of the case, a pedestrian hit by a negligent driver can seek compensation for the following types of economic and non-economic damages:
- Past and future medical bills
- Past and future physical therapy bills
- Caregiving bills
- Lost wages
- Loss of earning capacity if the injured pedestrian became disabled from the accident and therefore can’t accomplish the same job duties as before
- Physical pain and suffering
- Emotional distress
- Counseling expenses
- Permanent scarring and disfigurement
- Loss of consortium
- Loss of enjoyment of life
- Funeral and burial expenses if the pedestrian accident resulted in wrongful death
In some pedestrian accident lawsuits, victims and their families can even recover punitive damages. These types of damages serve more to punish the negligent driver than to further compensate the victim. A Chicago pedestrian accident lawyer can help you determine if the negligent driver deserves to pay punitive damages.
What Do I Do if the Driver Who Hit Me Does Not Have Insurance?
You may file an uninsured motorist claim under your own car insurance policy if you are hurt or injured by a driver who does not have auto insurance. When you pursue an uninsured motorist claim, the law often allows you to recover the same damages as you would in a case against the at-fault driver. However, keep in mind that certain procedural specificities exist for uninsured motorist claims involving pedestrian injuries. For this reason, we recommend speaking with a pedestrian accident attorney and reviewing your own bodily injury liability coverage. This will help to determine the best course of action for your case.
Can I Still Recover Compensation if I am Partially At Fault for an Accident?
Even if your action or inaction partially contributed to the pedestrian accident, you may still recover compensation for your injuries. However, your recovery will be minimized by your percentage of fault. That’s because Illinois follows the comparative fault rule for car accident and personal injury cases.
So in order to receive any compensation, the injured person must be less than 50% at fault for the accident. If an injured person is more than 51% at fault for the accident, they can’t receive any compensation.
Why You Need a Chicago Pedestrian Accident Lawyer on Your Side
Curcio Law Offices is a top notch personal injury law firm in Chicago that fights for the rights and justice of all clients. While many people simply see dollar signs, we see a means for injured folks to move on with their lives after an accident. As attorneys, we always start by conducting a deep investigation of your situation. During that investigation, we engage in many of the following techniques.
- Reading through the accident report from the police
- Gathering and studying photos from the accident scene
- Inspecting the scene of the accident, as well as the vehicle of the driver
- Speaking with witnesses
- Watching any available video footage
- Gathering or subpoenaing cell phone records of the driver
- Examining any breath, blood, or urine test results
- Examining your medical records from the accident
We’ll do all we can to figure out why the motorist hit you and who should be held accountable for the physical, emotional, and financial harm you’ve suffered. In certain situations, the driver isn’t the only one who bears responsibility. For example, the driver’s employer or a bar or event host who gave alcohol to the driver might be held responsible. We’ll want to locate any possible defendants as well as any potential sources of recompense. We may speak with specialists in accident reconstruction, life care planning, and other disciplines in order to identify the cause of the accident and properly quantify your damages.