It is not often that a pedestrian gets hit by a car and sustains only minor injuries. Typically, the injuries from a pedestrian accident in Chicago are very serious, and it could take months or even years for the pedestrian to recover.
In light of this, Illinois state law offers substantial civil protections for pedestrians. Furthermore, although it is not always the case, courts and judges often recognize that the fault in pedestrian accidents usually lies with the driver who hit them.
In order to build a strong case, though, you should seek the advice of a Chicago pedestrian accident lawyer if you are involved in a car accident while walking. Liable drivers may try to hurt your case by attempting to place blame for the accident on you, a perspective the courts may be inclined to take into consideration. An attorney could help refute you those claims so you could potentially recoup the full benefits you are entitled to.
Under the Illinois Vehicle Code, drivers of vehicles must exercise due care to avoid hitting any pedestrian. This means that in most cases, pedestrians have the right-of-way on the road. Unlike those in other states and cities, Chicago civil laws provide the same protections to pedestrians who are children, those who are clearly confused, and even those who are intoxicated.
The various statutes in the IVC generally place the burden on drivers to ensure they are especially careful when there are pedestrians nearby. When drivers do not abide by this code and fail to fulfill their duty to protect pedestrians, they may be found legally negligent and liable for damages.
While Chicago law does provide a great deal of protection for pedestrians, the pedestrian involved in such an accident may still be found partly at fault. If they are, they may have their total compensation reduced in accordance with Chicago’s comparative fault laws.
Under comparative fault law, the court assigns both parties in a civil suit a percentage of fault. If the pedestrian involved in a pedestrian accident is found to be less than 50 percent at fault, they may still file a lawsuit to recoup compensation for their injuries, but any compensation they received would be reduced by the same percentage of fault.
For example, if a pedestrian crossed the street without using a crosswalk and a car hit them, they may be found 10 percent to blame for the accident. If that same pedestrian is awarded $50,000 in compensation, it could be reduced by that same 10 percent, meaning they would only receive $45,000.
Drivers often try to lay at least part of the blame for such an accident with the pedestrian in order to avoid paying full compensation. A pedestrian accident attorney in Chicago could dispute these claims in court to get the pedestrian the full benefits they are entitled to.
While it is true that the law is most often on the side of the pedestrians in an accident, there are still claims the defendant in a civil claim could make that may hurt your claim. To prevent this from happening in your case, you should speak to an attorney who knows how to dispute such claims.
If you were injured in a pedestrian accident, do not hesitate to contact a Chicago pedestrian accident lawyer as soon as possible. Plaintiffs in these types of claims only have two years after their accident in which they could file for compensation, and a dedicated attorney could help them both file these claims quickly and build a strong case for the pedestrian in pursuit of full and fair compensation. Call today to schedule a consultation.