Walking is an easy and eco-friendly way to get from one point to another. However, it also has its downsides, the most potentially dangerous of which is the potential for pedestrian accidents.
The National Highway Traffic Safety Administration reports that in the United States, a pedestrian dies every two hours and one is injured every eight minutes from traffic accidents. Due to the weight, forces, and speed associated with vehicle and pedestrian accidents, the injuries pedestrians experience can be severe and costly.
To seek the compensation that you may be entitled to after being a victim of such an accident, consult with a seasoned DuPage County pedestrian accident lawyer. If retained, a dedicated personal injury attorney could help you take stock of your damages and see appropriate restitution for them either in or out of civil court.
Causes of Pedestrian Accidents
Although sometimes pedestrians may play a role in their own accident, more often than not the driver is responsible. To that end, some reasons behind pedestrian accidents in DuPage County are more common than others.
Whether a driver is texting, talking on the phone, applying makeup, eating, or even just changing the radio station, a simple distraction can result in major injuries to a pedestrian.
Impairment from Alcohol/Drugs
Driving under the influence of alcohol or drugs impairs the judgment of drivers and decreases their reaction time. It can also decrease driver inhibitions and cause them to participate in risky driving behaviors, often leading to a severe accident.
Also referred to as road rage, aggressive driving is the root cause of many accidents. While caught up in their emotions, an angry driver may fail to yield the right of way appropriately or forget to watch for people when turning or backing up. These hazardous behaviors are dangerous for everyone, but particularly unprotected pedestrians.
Negligence in Pedestrian Accidents
Pedestrian claims are usually based on the legal concept of negligence. Most—if not all—of the aforementioned situations involve negligence on the part of the driver.
All drivers have a duty to act with care when operating their vehicle. If they do not, their actions may constitute a breach of this duty. When the breach directly causes an accident that leads to injuries, a DuPage County pedestrian accident attorney would likely be able to prove negligence on the driver’s part and sue for damages on a plaintiff’s behalf.
Time Limits to File in DuPage County
Car accident victims have a legal right to file a claim for their injuries. However, they only have a certain amount of time to do so because of a time limit known as the statute of limitations. As found in 735 ILCS 5/13-202, the statute of limitations after a car accident in Illinois is two years from the date of the accident.
Potential plaintiffs should hire a pedestrian accident lawyer in DuPage County as soon as possible to ensure that their lawsuit is filed within this time limit. It can take several months or more for an attorney to thoroughly research and review a case before filing a claim. The longer a lawyer has to do so, the more successful a plaintiff’s case may be.
Speaking to a DuPage County Pedestrian Accident Attorney
After a pedestrian accident, the insurance companies may seem like they are standing up for your rights. However, they generally want to get away with paying you as little as possible for your injuries and are not on your side.
A compassionate and knowledgeable DuPage County pedestrian accident lawyer could stand up for your rights and seek fair compensation for damages incurred in an accident with a motor vehicle. To talk to a reliable advocate with your best interests as their top priority, call today to set up a consultation.