Attorney
Car accidents involving pedestrians can result in devastating injuries and complex legal challenges. Understanding your rights and responsibilities, whether you’re a pedestrian or a driver, is crucial in these situations. Here’s a breakdown of what you need to know to protect yourself after a pedestrian accident.
Pedestrian Rights on the Road
Pedestrians have the right to safely use crosswalks, sidewalks, and other designated areas. Drivers must yield to pedestrians in crosswalks and exercise caution in areas with heavy foot traffic. However, these rights come with responsibilities. Pedestrians must also follow traffic signals, use crosswalks when available, and avoid darting into traffic unexpectedly.
People who have suffered injuries in a pedestrian accident have the legal right to seek compensation for their injuries, provided they acted responsibly by walking in designated areas and not violating traffic signals.
Driver Responsibilities
Drivers have a duty of care to avoid causing injuries to pedestrians. Drivers must:
- Yield the Right-of-Way at marked and unmarked crosswalks.
- Reduce Speed in Pedestrian Areas, such as school zones, residential areas, and near parks.
- Avoid Distractions by staying off the phone and remaining alert at all times.
- Drive sober because alcohol and drug impairment increases the likelihood of pedestrian accidents.
Drivers who fail to uphold these responsibilities can be held liable for any resulting injuries or damages.
Common Causes of Pedestrian Accidents
Pedestrian accidents can happen for several reasons, including:
- Distracted driving–Texting, using a GPS, or any activity that diverts attention from the road.
- Speeding–Reduced reaction times make it harder to avoid collisions.
- Failure to Yield–Ignoring crosswalks or pedestrian right-of-way.
- Driving under the influence–Impaired drivers pose a significant risk to pedestrians.
- Poor visibility–Weather conditions, dark clothing, or poorly lit areas can make it difficult to see pedestrians.
Regardless of the cause, trust Michael Law Law to hold the negligent driver accountable and fight for the maximum compensation you deserve.
Legal Rights for Injured Pedestrians
If you’re a pedestrian injured in an accident, you have the right to pursue compensation for:
- Medical expenses, including emergency care, surgeries, rehabilitation, and long-term treatment.
- Lost wages if your injuries prevent you from working.
- Pain and suffering– To address the emotional and physical toll of the accident.
- Property damage–Such as the cost to replace damaged personal items.
In some cases, punitive damages may also be awarded if the driver’s behavior was reckless or egregious (e.g., drunk driving).
Gather evidence such as witness statements, photographs of the scene, and a police report to strengthen your claim. The best way to protect your rights is to work with our experienced pedestrian accident attorney.
Responsibilities of Pedestrians
While pedestrians often have the right-of-way, they also have a duty to exercise reasonable care. This means:
- Following traffic signals and crosswalk rules.
- Avoiding jaywalking or crossing streets in undesignated areas.
- Staying alert and avoiding distractions like texting while walking.
- Avoiding alcohol or drug impairment while walking near traffic.
Failure to follow these responsibilities can result in shared fault for an accident, which may reduce your potential compensation under Illinois’ comparative negligence laws.
Determining Liability in a Pedestrian Accident
Liability in a pedestrian accident often hinges on the actions of the driver and the pedestrian. Illinois follows a modified comparative negligence rule, which means:
- You can recover damages if you’re less than 50% at fault for the accident.
- Your percentage of fault reduces your compensation.
For example, if you are found 20 percent at fault for jaywalking, your compensation would be reduced by 20%. You can depend on Attorney Michael Kawi to limit your liability and get fair and just compensation.
Protecting Your Rights After an Accident
If you or a loved one has been involved in a car accident involving a pedestrian, don’t wait to seek legal guidance.