Naperville Pedestrian Accident Lawyers
Injured in a pedestrian accident? Our Naperville pedestrian accident lawyers can help you file a claim against the negligent driver to recover maximum compensation for your losses.
We understand the unique challenges pedestrian accident victims face, and our attorneys have a proven track record of holding negligent drivers accountable. Don’t navigate this difficult situation alone – let our skilled legal team guide you through the path to recovery.
- Se Habla Español
- 50+ Years of Combined Experience
- Risk-Free Consultations
- Millions Recovered for Injury Victims
Case Result
$2,050,000
Case Result
$1,720,000
Case Result
$1,000,000
Case Result
$750,000
Table of Contents
ToggleHow Our Injury Law Firm Is Different
At our personal injury law firm in Naperville, we pride ourselves on our client-centered approach, extensive resources, and proven track record of success. We take your injuries personally, and we tailor our strategies to meet your specific needs. Our commitment to excellence, combined with our deep understanding of injury law, sets us apart in delivering optimal outcomes for our clients.
Your Satisfaction Is Important to Us
We prioritize clear communication and personal attention throughout your case. Our team is accessible to address your concerns and keep you informed. We believe in building strong relationships with our clients, ensuring you feel supported and confident in our representation every step of the way.
We Have a Vast Network of Resources
Our firm has cultivated relationships with top experts in various fields, including medical professionals, accident reconstruction specialists, and economic analysts. This extensive network allows us to build stronger cases, providing comprehensive evidence and expert testimony to support your claim and maximize your compensation.
We Deliver Results
Our track record speaks for itself. We’ve successfully secured millions in settlements and verdicts for our clients. Our attorneys are skilled negotiators and trained litigators, prepared to fight for your rights, whether at the settlement table or in the courtroom. We’re committed to achieving the best possible outcome for your case.
Client Testimonials
“The team at Chute O’Malley, Knobloch and Turcy was phenomenal. They kept me well-informed about my case and explained in detail the various situations and procedures of a personal injury lawsuit. I worked with Thomas Chute and Phil Turcy. They both were great in the handling of my case and were able to get a superb settlement for me. I highly recommend the firm and its professional team. They are knowledgeable and well-educated in handling any case. I can’t thank them enough.”
“After a severe injury, major surgery and extensive physical therapy, my case was dropped by one of the largest law firms in the Chicagoland area because they weren’t sure the financial reward would be worth the fight. I had pretty much given hope and thought I had no options till someone recommended Mike Knobloch, and I reluctantly called him, still in my mind thinking I would get the same response I had already gotten. However, from the first call, I could tell Mike and his firm were different from the rest. Mike took on the case right away and kept me informed throughout the process. In the end, I received a settlement that was substantially larger than I ever anticipated. Make the call I almost didn’t and get the support you truly deserve when you’re in these kinds of situations.”
Working with Mr. Chute was a wonderful experience. His assistant, Monika Barrett was a blessing. The times I felt stressed, she did all she could to get me the answers I needed. This was my first experience with attorneys, and I would, and will, recommend Tom and Monika to everyone I know! Thank you both for your time and compassion.
Understanding Pedestrian Accidents
Each year, over 7,400 pedestrians lose their lives in accidents involving motor vehicles in the United States, and approximately 200 of those people are killed in Illinois. Severe and catastrophic injuries are suffered by tens of thousands more. Most of the time, these accidents happen because of distracted or intoxicated drivers. Almost all pedestrian accidents are preventable. When negligent drivers hit pedestrians with their vehicles, they can be held liable for the injuries and deaths they cause.
Establishing Liability in Pedestrian Accident Cases
Pedestrian accident claims and lawsuits are similar to most types of motor vehicle accidents when it comes to determining liability and holding the at-fault driver accountable. To have a valid pedestrian accident claim, you must prove four key elements: duty of care, breach of duty, causation, and damages. If these elements are present, you may be entitled to compensation for your injuries and losses resulting from the accident.
Driver's Responsibility on the Road
Drivers have a legal obligation to exercise reasonable care while operating their vehicles. This includes obeying traffic laws, staying alert, and being particularly cautious in areas where pedestrians are likely to be present. In Naperville, drivers must yield to pedestrians in crosswalks and exercise due care to avoid colliding with any pedestrian on the roadway.
Violation of Traffic Laws or Negligent Behavior
A breach of duty occurs when a driver fails to meet the standard of care expected of them. Examples include speeding, distracted driving, failing to yield to pedestrians, or driving under the influence. To prove a breach, evidence such as police reports, witness statements, or traffic camera footage may be used to demonstrate the driver’s negligence.
Direct Link Between Negligence and Injury
For a valid claim, you must show that the driver’s breach of duty directly caused your injuries. This means establishing a clear connection between the driver’s negligent actions and the accident that resulted in your harm. In some cases, expert testimony or accident reconstruction may be necessary to prove this element of your claim.
Demonstrating Injuries and Losses
Finally, you must prove that you suffered actual damages as a result of the accident. These damages can include physical injuries, emotional distress, medical expenses, lost wages, or other financial losses. It’s crucial to document all your injuries and expenses related to the accident to support your claim for compensation.
Seeking Compensation After a Pedestrian Accident in Naperville
In most pedestrian accident cases, injury lawyers help victims file claims against the negligent driver’s motor vehicle insurance policy to help injured victims recover compensation. Sometimes, however, the at-fault driver leaves the scene of the accident (hit-and-run), doesn’t have liability insurance, or has only minimal coverage. In cases like these, an experience pedestrian accident lawyer at our law firm can help victims like you seek compensation from other sources.
This might involve filing an uninsured/underinsured motorist claim against your own policy, if you have one, filing a claim for medical expenses through your health insurance, or suing the driver directly.
While more complicated pedestrian accident cases may lead to lawsuits and lengthy trials, courtroom battles are not common. Approximately 95% of pedestrian accident cases are settled outside of court.
Types of Damages in Pedestrian Accident Cases
Damages in pedestrian accident cases typically fall into three categories: economic, non-economic, and punitive. Understanding these different types of damages can help you comprehend the compensation you may be entitled to receive for your injuries and losses.
Economic Damages
Economic damages are the financial losses suffered by the pedestrian accident victim. Since these types of losses are usually linked to bills, statements, and receipts, they are fairly easy to calculate. Examples include:
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Property damage
- Rehabilitation costs
Non-Economic Damages
Non-economic damages compensate the pedestrian accident victim for non-monetary losses. These losses are more difficult to quantify, and involve other ways the injuries impact your life. Non-economic damages in a pedestrian accident case might include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent disability
Punitive Damages
Punitive damages are not as common as compensatory damages in Illinois injury cases. To receive an award for punitive damages, it must be shown that the negligent driver’s behavior was intentional or especially egregious. A case where punitive damages is awarded might involve:
- Drunk driving
- Excessive speeding in a school zone
- Intentionally hitting a pedestrian in a road rage incident
How to Choose the Best Pedestrian Accident Lawyer
What the Insurance Companies Don’t Want You to Know About Your Pedestrian Accident Case
When you’ve been injured in a pedestrian accident, the insurance companies representing the at-fault driver or other negligent parties will try to protect their own interests over yours. It’s important to be aware of some common tactics they may use to minimize payouts or even deny valid claims altogether. Here are a few things the insurance companies don’t want you to know about your pedestrian accident case:
- You have the right to refuse the insurance company’s initial settlement offer
- You do not have to agree to provide a statement about the accident
- They ask leading questions to get you to admit some degree of fault for the accident
- They look for reasons to devalue your claim
- You have limited time to file a claim
More Videos About Pedestrian Accident Cases
What Causes Pedestrian Accidents?
The most common reasons pedestrian vs car accidents happen in Naperville include:
- Drunk or Drugged Driving
- Speeding
- Distracted Driving
- Aggressive or Reckless Driving
- Failure to Yield
What Is the Statute of Limitations for Pedestrian Accidents in Naperville, IL?
Generally, injured pedestrians have two years from the date of an accident to take legal action to recover compensation in Illinois. If the pedestrian died in the accident, the surviving family members can file a wrongful death claim and/or survival action to seek compensation. In Illinois, these actions must be filed within two years from the date of the person’s death.