While behind the wheel of a vehicle, motorists have a responsibility to look out for pedestrians. Accidents still occur regularly due to driver distraction, driving too fast for conditions, cell phone use, or driving while under the influence of alcohol.
When a vehicle strikes a pedestrian, it may cause serious injury or death. Many of these accidents result from what is called “inattentional blindness,” meaning a driver may clearly see a pedestrian but fail to react appropriately due to inattention.
If you have suffered injuries as the result of a negligent driver, you may be entitled to fair compensation that a Will County pedestrian accident lawyer could help you pursue. An experienced personal injury attorney could fight to protect your legal rights and pursue whatever damages you are due.
Determining Liability Following an Accident
Personal injury claims are often based on the argument that one person’s negligence caused another person to suffer an injury. Claims filed by injured pedestrians for a car or motorcycle accident are typically no different.
When a pedestrian is injured, their Will County pedestrian accident attorney may be tasked with proving that the defendant was negligent. In Illinois, a person is considered to be negligent when:
- They have a duty to act in a way that would prevent foreseeable harm
- They breach this duty
- Another person suffers a physical injury as a direct result of this breach
Pedestrians have the right-of-way at crosswalks, but this right is not limitless. When marked crosswalks have traffic control signals in place, pedestrians must abide by their indications.
When such signals are not in operation, the pedestrian’s right-of-way depends on their position in the road in relation to oncoming traffic, as per 625 Illinois Compiled Statutes 5/11-1002{a}. An exception to this rule may exist when a pedestrian tunnel has been provided, in which case the pedestrian could be the one yielding the right-of-way to motorists.
The Role Comparative Negligence May Play in a Claim
The term ‘contributory fault’ refers to any type of fault that may be attributed to the injured person. In personal injury cases where the fault for an injurious accident is at issue—meaning the defendant is challenging their own level of culpability—the plaintiff’s overall percentage of the fault may be compared with the fault of each party involved.
Illinois follows a modified system of comparative negligence which may allow a plaintiff to recover damages as long as they were not more than 50 percent at fault for injuries sustained from the accident. Their final damage award would then typically be adjusted by the percentage of fault assigned to the plaintiff. This model could bar a plaintiff from recovery entirely if they were found to be more than 50 percent at fault.
Compensation a Plaintiff Could Recieve
In a personal injury lawsuit, the plaintiff’s goal—or that of the pedestrian accident lawyer in Will County representing them—is to recover damages for the defendant’s reckless or negligent behavior. There are two types of damages plaintiffs may be able to recover: compensatory damages and punitive damages.
Compensatory damages are compensation for both personal and financial losses. They may be recovered to recoup lost wages, past and future medical treatment, and pain and suffering.
Punitive damages are not recovered for any specific loss. They are levied against the defendant as punishment to deter similar behavior in the future. Whether the plaintiff is awarded punitive damages and how much the award would be is determined by the court. Under Illinois law, punitive damages may only be awarded if compensatory damages are also awarded.
What a Will County Pedestrian Accident Attorney Could Do to Help
The steps you take or fail to take following an accident may have a substantial impact on your ability to recover damages from the allegedly negligent driver who may have caused the incident. An accomplished Will County pedestrian accident lawyer could take the appropriate steps to evaluate your case and determine whether you have a valid claim worth pursuing. Call today to learn more about your options.
