Who is Liable for Pedestrian Accidents?
Personal Injury - August 27, 2021
Pedestrian accidents are not uncommon in the state of Illinois. These accidents typically result in devastating injuries for the pedestrians involved due to the sheer weight and size discrepancy between the human body and vehicles on the roadway. Pedestrian crashes occur in a wide variety of ways, which means that there could be many parties held liable in these cases. Here, we want to discuss Illinois pedestrian accident liability. If you or somebody you care about has been injured in a pedestrian crash, reach out to an attorney as soon as possible for help with your case.
Driver Liability for Pedestrian Accidents
When we look at data available from the Illinois Department of Transportation, we can see that there were approximately 4,800 total pedestrian crashes reported during the latest year across this state. Out of these incidents, there were 173 fatal collisions and 4,508 injury collisions. Many of these cases occur due to the careless or negligent actions of other drivers on the roadway.
Some of the main causes of these incidents include drivers failing to yield the right of way, failing to follow basic traffic laws, and operating too fast for conditions. Additionally, drivers who are distracted by their phones or other devices or impaired by alcohol or drugs are common causes of pedestrian crashes.
In order to hold drivers responsible for these incidents, it is crucial for a pedestrian accident lawyer in Illinois to conduct a complete investigation into the claim.
Government Entity Liability for Pedestrian Accidents
When it comes to ensuring pedestrian safety, government entities also play a role. This includes state, county, and local municipal governments. These governments are responsible for the inspection and maintenance of sidewalks, crosswalks, crossing lights, traffic lights, traffic signs, and more.
If a pedestrian crash occurs because of the negligence of a government entity, it may be possible to hold them responsible for the incident. However, claims filed against government entities in Illinois are going to be more challenging. There are shorter deadlines for filing these claims, and there are specific hurdles that injury victims have to go through in order to ensure success.
The Pedestrian’s Liability
It is entirely possible that a pedestrian could be the cause of an accident. Some of the most common ways that pedestrians cause these accidents include walking while distracted by phones or other devices, walking while impaired by alcohol or drugs, or failing to yield the right of way to vehicles.
Illinois operates under what is called a “modified comparative negligence” rule. This means that a pedestrian could still recover compensation for the incident so long as they are not more than 51% responsible for their injuries. However, the total amount of compensation a victim receives will be reduced based on their percentage of fault.
Working With an Attorney
If you or somebody you love has been injured in a pedestrian accident caused by the careless or negligent actions of someone else in Illinois, you need to work with a skilled Chicago pedestrian accident attorney as soon as possible. A lawyer can use their resources to conduct a complete investigation into the cause of the pedestrian accident. They will vigorously negotiate with aggressive insurance carriers and be fully prepared to take the case to trial if necessary. The goal will be to secure compensation for a pedestrian accident victim’s medical bills, lost income, pain and suffering damages, and more.