Attorney
Getting hit by a car while walking is terrifying. One moment, you’re crossing the street or strolling down the sidewalk, and the next, you’re in pain and wondering what just happened.
If you are hurt as a pedestrian in Lake County, IL, through no fault of your own, it’s essential to understand who is responsible for your accident. You cannot pursue the compensation you deserve after being harmed by someone else until you determine who caused your injuries. At Michael Kawi Law, LLC, we help pedestrians stand up for their rights after an accident.
Understanding Fault in Pedestrian Accidents
In any accident, the fault for the crash belongs to the party who acted carelessly. Drivers must watch for pedestrians, follow traffic laws, and react in time to avoid a collision. However, pedestrians also have rules they must follow. The key to determining fault is looking at the actions of all involved parties before the accident happened.
Some common causes of pedestrian accidents include:
- Distracted driving – A driver who fails to pay attention to the road ahead because they are eating, texting, or engaging in another distracting activity may not see pedestrians ahead.
- Speeding – The faster a car moves down the road, the harder it is to stop in time.
- Failing to yield – Drivers must stop for pedestrians in crosswalks.
- Running a red light or stop sign – If a driver ignores a traffic signal, they may hit a pedestrian crossing legally.
- Driving under the influence – Alcohol and drugs severely impact reaction times and impair judgment, making pedestrian accidents more likely.
- Poor visibility – Drivers may fail to be appropriately cautious in bad weather or at night, especially in areas with heavy foot traffic.
Pedestrians can also contribute to an accident. Walking into traffic without looking, crossing outside of a crosswalk, or being distracted by a phone can put someone at risk. However, just because a pedestrian made a mistake does not mean they are fully at fault. Illinois law allows injured pedestrians to recover compensation if they were not more than 50% responsible for the accident.
How Fault Is Determined
After an accident, insurance companies, police officers, and attorneys look at several factors to figure out what happened. Some of the most essential evidence that shows fault includes:
- Police Reports – If officers respond to the accident, they will document what they see. They may also interview witnesses and note any traffic violations.
- Traffic Cameras and Surveillance Footage – Video evidence can show exactly how the accident happened.
- Witness Statements – Bystanders may have seen the accident and can describe what they observed.
- Vehicle Damage and Skid Marks – These can indicate how fast the driver was going and whether they tried to stop.
- Injuries and Medical Records – Certain injuries, such as broken bones or head trauma, can show how the impact occurred.
Why Fault Matters in Your Case
Illinois follows a comparative fault rule. This means that if you were partially responsible for the accident, there may be a reduction in the amount of compensation you receive. For example, if you were found to be 20% at fault for the accident because you crossed outside of a crosswalk, your settlement or court award would be reduced by 20%. However, if the driver is mostly to blame, you can still recover a significant amount.
Insurance companies are notorious for trying to shift blame onto pedestrians to avoid paying fair compensation. They might claim you were distracted, wearing dark clothing, or not paying attention. This is why having an attorney on your side is so important. A legal team that understands pedestrian accident claims can fight against these tactics and push for the full amount you deserve.
We Are Here to Help
If you were hurt in a pedestrian accident in Lake County or anywhere in Illinois, our team at Michael Kawi Law, LLC can help. We stand up for pedestrians and help them fight for the compensation they need to move forward. Contact our law firm today to get started with a free consultation.