If you were hit in a crosswalk, you can file a personal injury claim with the driver’s auto insurance. If negotiations don’t succeed, you may also pursue a personal injury lawsuit. As a pedestrian in an accident, you may suffer serious consequences, so it’s important to take your health and rights into account. Hiring a pedestrian accident attorney can help maximize your compensation for medical expenses, lost wages, and pain and suffering.
After a pedestrian accident, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
What Naperville’s Local Laws Say About Crosswalk Collisions
In Illinois, drivers must be cautious around pedestrians near roadways. Failing to do so can lead to serious accidents. In 2024, Illinois recorded 219 pedestrian fatalities. Key responsibilities of drivers, which can serve as a guide for young and inexperienced drivers, include:
Exercise Caution Near Pedestrians
Drivers should stay alert in areas with pedestrians, especially around intersections, and crosswalks. Slowing down and being ready to stop can help prevent accidents.
Yield to Pedestrians
In Illinois, drivers must give the right of way to pedestrians in marked crosswalks and should be cautious, even when pedestrians are outside of crosswalks.
Drive at Safe Speeds
Speeding is one of the leading causes of unsafe driving, as it reduces reaction time and heightens the chances of hitting pedestrians. Drivers should adjust speed based on road conditions and traffic.
Maintain Awareness
Staying focused is essential. Not paying attention to pedestrians, due to distractions such as cell phones and impaired driving, can lead to serious accidents.
Consequences for Drivers
Hitting a pedestrian may result in criminal charges and civil lawsuits. Injured pedestrians can seek compensation for medical costs, lost income, and suffering.
How Fault Is Proven When a Pedestrian Is Hit in a Crosswalk
To establish fault when a pedestrian is struck in a crosswalk accident, it’s necessary to demonstrate that the driver acted negligently. This requires proving four key components:
Duty of Care
Drivers have a legal obligation to ensure the safety of others on the road, including pedestrians. This duty involves adhering to traffic signals, keeping control of their vehicle, and being attentive to their surroundings while driving.
Breach of Duty
To establish negligence, you must show that the driver failed to fulfill their duty of care, which led to the accident. Examples include:
- Speeding.
- Driving while distracted, such as texting or eating.
- Ignoring red lights or stop signs.
- Not yielding to pedestrians at crosswalks.
Causation
Causation links the driver’s breach of duty to your injuries. You need to demonstrate that the driver’s actions directly caused the accident and resulting harm. If the driver’s actions were directly responsible for injuring you, this constitutes causation. If your injuries were due to some other cause, there is no link between the driver’s actions and your injuries, and you do not have a claim.
Damages
Finally, you must show that you suffered damages due to the accident. Damages can be classified as economic, like medical expenses, ongoing treatments, lost income, or property loss, and non-economic, including pain and suffering, diminished quality of life, and emotional distress.
Evidence Used to Prove Fault
To have a legitimate pedestrian accident claim, all four elements must be present. However, the ability to demonstrate negligence depends on the quality of your evidence. Your pedestrian accident lawyers can help you gather various forms of evidence to establishing fault:
Physical Evidence
This includes photographs or videos capturing the scene of the accident, such as damage to vehicles, skid marks, debris, and relevant traffic signs or signals.
Official Documentation
Police reports offer insights into the officer’s evaluation of the incident, including citations that were issued.
Witness Testimony
Statements from people who witnessed the accident can provide valuable insights.
Medical Records
These documents outline the pedestrian’s injuries and treatment, establishing a connection between the injuries and the accident.
Expert Testimony
In complex cases, accident reconstruction specialists or medical professionals may be needed to clarify how the accident happened or to assess the severity of the injuries.
Digital Evidence
This can consist of surveillance footage from nearby businesses, dashcam recordings from vehicles, or data from event recorders.
Your Legal Options as an Injured Pedestrian
As an injured pedestrian, a Naperville crosswalk accident lawyer may help you file a personal injury claim against the driver responsible for the accident. This involves negotiating with insurance, filing a lawsuit, and seeking compensation for medical costs, lost earnings, pain and suffering, and other related losses. Naperville injury lawyers can help maximize your compensation by assisting in investigating the incident, identifying who is at fault, negotiating settlements, and, if needed, representing you in court. For assistance obtaining maximum compensation, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC.
