A pedestrian is any individual who is walking on a roadway or a sidewalk without the aid of a motorized vehicle or bicycle. Generally speaking, pedestrians have the right-of-way over motorized vehicles when at an intersection or other crossing. There are a number of unique factors in a Cicero pedestrian accident, which a quality pedestrian accident attorney could take into account if you wish to file a lawsuit for compensation.
The injuries that a pedestrian sustains are usually much more significant than those of someone inside a car. Because pedestrians do not have the safety of being surrounded by the car, there injuries tend to be more serious. It is common to experience broken bones and abrasions in pedestrian accidents. They are also more likely to suffer head trauma and spine damage due to the absence of airbags and other protections. Even motorcycle and bicycle riders have helmets and safety gear but walkers and joggers do not.
Many pedestrian accidents occur at intersections, and the pedestrian may or may not be in the crosswalk when the vehicle strikes them. There are also incidents in parking lots near stores. Finally, pedestrians are also in danger of being hit while walking on the roadway if there is no sidewalk.
There are a number of unique factors in a local pedestrian crash that are not usually present in other cases. Even though pedestrians have the right-of-way in relation to motor vehicles, they must still exercise reasonable care. They must check for traffic before crossing the street, especially if their view is obstructed by other cars, trees, or buildings.
Additionally, pedestrians should walk in the same direction as the traffic is flowing and not against it. They must always keep a lookout for hazards, which includes other motor vehicles. By exercising reasonable care, it will be easier to prove negligence on the behalf of the defendant if an accident happens.
In order to make a recovery in a pedestrian accident, an injured person must prove fault. The accident must be more than 50 percent the fault of the driver. It can be slightly more difficult to prove liability if the person had no property damage, as is common in pedestrian cases, so eyewitness testimony may be the best source.
However, there may also be physical evidence which someone can gather at the scene. There may be damage or some other marking on the car in the location where the pedestrian was struck, which can help reconstruct the scene.
There are many different angles necessary to bring a successful case. For a person who has been struck by a motor vehicle, it is important to speak to a lawyer as soon as possible about the accident. Many lawyers offer free consultations and they are equipped to handle the unique aspects of pedestrian accidents in Cicero.
Legal counsel could make a big difference in obtaining full compensation for any injuries sustained. They could investigate liability in the case and attempt to prove that the other vehicle was at fault. Insurance companies typically try to blame the injured person for the accident but a lawyer could make themselves the point person in those conversations so that the insurance adjusters do not take advantage.
Additionally, a professional could advise on medical treatment so as to ensure the best physical recovery in addition to the best legal recovery.
An accident while out walking is going to be much different than one between two vehicles. The unique factors in a Cicero pedestrian accident can affect whether your personal injury lawsuit will be successful. Reach out to a legal professional for guidance in this matter.