Have You Been Hurt in a Pedestrian Accident?
One of Chicago’s many draws is its numerous walkable neighborhoods. Unfortunately, walking around Chicago can result in serious injury and life-changing injuries if a careless driver strikes you.
Have you been hurt in a Chicago pedestrian accident caused by someone else? The crash has likely transformed your life in many ways as you cope with potentially serious injuries.
You may be eligible for financial compensation after the accident. Although money can’t change what happened, it can help you address current and future struggles the accident occurred or may have caused.
Speak with a Chicago pedestrian accident lawyer for more information about your options. A member of our team at Wallace Miller will gladly discuss your case. If you hire us, we’ll also offer dedicated representation. Get started by contacting us today.
Causes of Chicago Pedestrian Accidents
Data from the Centers for Disease Control and Prevention (CDC) provides some insight into how common pedestrian accidents involving pedestrians are in the U.S. Consider the following points:
- Almost 8,000 pedestrians in the U.S. lost their lives in crashes involving motor vehicles in 2021.
- One in six victims of fatal crashes in 2021 were pedestrians.
- Pedestrian crashes send hundreds of thousands of victims to emergency rooms to receive treatment for non-fatal injuries annually.
The National Highway Traffic Safety Administration (NHTSA) has identified several factors that often contribute to pedestrian accidents. They include:
- Driver speed – The faster a motorist is traveling, the more difficult it may be for them to stop in time to avoid crashing into a pedestrian. A vehicle’s speed can also play a major role in the severity of a victim’s injuries.
- Alcohol – About 43 percent of all fatal pedestrian accidents in 2021 involved someone with a blood alcohol content (BAC) of 0.08 percent or more. That said, pedestrians should understand that drunk drivers aren’t always the ones who harm pedestrians due to intoxication. Some pedestrians may accidentally put themselves in harm’s way if they don’t know that drunk walking may be at least as dangerous as drunk driving.
- Vehicle type – Vehicle type can influence how serious a pedestrian accident victim’s injuries are. A heavier vehicle is more likely to cause major injuries than a light one. Sometimes, vehicle type may even determine whether a crash occurs at all. Maneuvering a small vehicle around a pedestrian is easier than maneuvering a large vehicle.
- Distraction – Distracted driving accidents are becoming increasingly common across the U.S. due to smartphones and other distractions in our vehicles. However, it’s essential to remember that these devices can also keep pedestrians from focusing on their surroundings. NHTSA research indicates pedestrian distraction’s role in causing pedestrian accidents isn’t large, but it’s also not insignificant.
The NHTSA also found that roadway design is a common factor in some pedestrian accidents. A lack of pedestrian-friendly infrastructure can boost the odds of accidents occurring.
Common Pedestrian Accident Injuries
Pedestrian accident injuries and pedestrian deaths are often very severe. When a motor vehicle strikes a vulnerable person, the victim’s injuries could include:
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Fractures
- Amputations
- Scarring/disfigurement
- Lacerations
- Internal organ injuries
- Internal bleeding
- Death
Treatment for pedestrian accident injuries is often costly. Some victims with severe injuries require ongoing care throughout their lives.
Paying for care is challenging after a pedestrian accident. A victim might struggle to work and earn an income due to their injuries. The inability to make money can add to the financial burdens a victim may already face.
Compensation Available After a Pedestrian Accident
Medical bills and lost wages are two examples of “economic losses” that may result from a pedestrian crash. Economic losses are losses to which you may apply a clear dollar value.
However, the exact value of some economic losses isn’t always immediately obvious. For example, a victim might need some form of care or treatment for the rest of their life. If so, some of their economic losses resulting from an accident are future losses they’ve yet to incur.
A victim seeking compensation may account for these losses by estimating their potential value. They might also recover compensation for non-economic losses. These non economic damages are losses, like pain and suffering, that don’t have an objective dollar value. Assigning a dollar value to such losses usually requires applying specialized formulas.
Potentially Liable Parties in a Chicago Pedestrian Accident Case
The liable party in a Chicago pedestrian accident resulting from someone’s actions or carelessness is usually a motorist. Once you identify the liable party in a fatal accident, you can seek compensation by filing a claim with their insurance company.
The driver who caused your injuries might be uninsured. Or their insurer may refuse to make the negligent driver a fair settlement offer. You can sue the driver to pursue damages in court if they’re uninsured or their insurer won’t settle.
There are rare instances when the liable party in traffic accidents may be someone other than a motorist. For example:
- Perhaps a trucker or other professional driver caused the crash. Depending on the circumstances, their employer may technically be liable.
- A pedestrian accident might occur if a traffic sign is missing or a traffic signal isn’t working. The government agency responsible for maintaining traffic signs and signals could be liable in this scenario.
Determining liability and gathering evidence to submit a claim often requires investigating a crash. Looking into pedestrian accident cases, the cause of the wreck is one of several tasks a Chicago crosswalk accident lawyer can handle on your behalf.
How a Chicago Pedestrian Accident Attorney Can Help
Investigating the accident to gather evidence of liability is just one way a law firm may help you pursue compensation. Additional ways an attorney can help include:
- Explaining options – You may have questions about how to proceed after a pedestrian accident. A lawyer can review your case, answer your questions, and help you feel more confident about potential strategies.
- Documenting losses – Documentation of your medical bills, lost wages, and other losses can help you show an insurance company why you deserve the compensation you’re pursuing. An attorney can gather documentation of such losses to include with your claim.
- Adding up losses – An attorney can also add up your economic losses, estimate the potential value of future economic losses, and use specialized formulas to determine the approximate dollar value of non-economic losses. While it’s unethical for a lawyer to guarantee you’ll receive a specific amount of compensation, a lawyer can help you better determine whether a settlement offer is fair.
- Negotiating – The insurance company virtually always wants someone like you to accept less compensation than you may be eligible to receive. You don’t have to accept their settlement offers if they aren’t reasonable. A lawyer can negotiate with a claims adjuster and represent you in court if you need to file a lawsuit.
A law firm can also manage all the administrative tasks the claims process often involves. Legal professionals may complete claim paperwork, handle correspondence with adjusters, file paperwork by deadlines, and more. These are all tasks you’d have to handle yourself if you didn’t have legal representation.
A Pedestrian Injury Lawyer Can Help After a Chicago Hit and Run Accident
What are your options if a driver flees the accident scene after striking you? Unfortunately, it’s not uncommon for drivers to try to avoid responsibility after pedestrian crashes. NHTSA data indicate about 23 percent of pedestrian fatalities in 2021 involved hit and runs.
It may still be possible to identify the liable party in these circumstances. A lawyer can investigate independently and coordinate with police to potentially identify a vehicle or driver matching the description you provide. They may gather additional valuable information by interviewing witnesses as well.
Get in touch with pedestrian accident attorneys as soon as you can after a hit and run. The sooner they can begin investigating, the better their odds of identifying the liable party.
Can You Afford to Hire a Personal Injury Lawyer in Chicago?
You don’t necessarily have to worry about adding to your list of bills when hiring a personal injury lawyer to handle your case. Most personal injury lawyers don’t charge upfront fees.
If an attorney offers a contingency fee agreement, you only need to pay them if you recover compensation. An attorney’s fee is usually a percentage of the compensation you receive.
That means you don’t need to pay your lawyer anything if they don’t win your case. It also means your attorney will have a strong incentive to pursue maximum compensation.
The Statute of Limitations for Pedestrian Accident Lawsuits in Illinois
Under Illinois law, for a pedestrian accident lawsuit, you have two years from the date of the accident to file a personal injury lawsuit. You also have two years to file a wrongful death lawsuit if a pedestrian accident claimed the life of a loved one. Act fast to avoid waiving your right to sue.
Our Personal Injury Lawyers Also Focus on the Following Areas:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Premises Liability
- Dog Bites
- Workplace Injury
- Wrongful Death
- Slip and Fall
- Spinal Cord Injury
- Burn Injury
- Traumatic Brain Injury
- Medical Malpractice
- Rideshare Accident
Contact a Chicago Pedestrian Accident Lawyer
You may have to rely on various forms of support after a pedestrian accident. Fortunately, dedicated support can play a valuable role in paving the way for a comfortable future after a traumatic event.
At Wallace Miller, we’re here to help by pursuing the compensation you deserve after a careless driver strikes you. Learn more about how the Chicago pedestrian accident lawyers can assist you by contacting us online today or calling us at (312) 261-6193 for a free case review.