Since pedestrians, automobile drivers, bicyclists, and motorcyclists are required to share the road, an accident is bound to occur. Pedestrian accidents occur frequently and can have severe consequences. Individuals could sustain serious injuries due to a collision with an automobile or those alike.
If you or a loved one were injured due to the negligent actions of another, an Evergreen Park pedestrian accident lawyer may be able to assist you with seeking compensation for your damages. Let a well-practiced personal injury attorney work to help you hold the party responsible for your injuries accountable in court.
A collision between a motor vehicle and a pedestrian could have catastrophic consequences. An individual could sustain tremendous injuries such as:
An experienced Evergreen Park pedestrian accident attorney could use an individual’s medical history, reports, tests and scans to prove the extent of their injuries in court.
Lawyers have the experience necessary to properly investigate and document a pedestrian accident case. In order to obtain a successful recovery, they must prove the defendant’s liability and the plaintiff’s damages by collecting the necessary evidence to prove all elements of the claim. If the accident was ultimately not the fault of another party, then there will be no recovery. If the pedestrian has no documented injuries that produced compensable damages, then there will also be no recovery.
Every pedestrian accident case is different but there are some pieces of evidence that are present in most situations. First, there is typically a police report. Photos from the scene or of the injuries can be important, while the medical records can be valuable in showing the extent of the medical work that was required. Some cases may have video from surrounding establishments or even an electronic black box download from one of the vehicles.
Sometimes a pedestrian’s injuries are serious enough that they might not be able to explain to the police officer their version of what occurred. As a result, the police report may be favorable to the driver who struck them. For this reason, it is important to contact an Evergreen Park pedestrian accident lawyer. They might be able to provide more context to the police and correct the gaps in the report.
In order to successfully win a personal injury claim, the plaintiff’s skilled attorney must prove several elements including:
The laws regarding the rights of pedestrians are also contained in 625 ILCS 5/Illinois Vehicle Code. Pedestrians have the right of way in school zone crosswalks. Motorists are precluded from improperly passing a person on foot as well as traveling too close.
In a personal injury lawsuit, a driver may assert that a pedestrian was partially or completely at fault for their injuries. Where sidewalks are provided, pedestrians may not walk on the roadway or highway per 625 ILCS 5/11-1007. Further, a pedestrian who runs into the path of a moving vehicle may be considered in violation of their own duty of care.
If the plaintiff is found to be less than 51 percent liable for their injuries, they may still be eligible to recover compensation from the defendant. Their compensation award will be reduced by their percentage of fault. If the injured claimant is found to be over 51 percent at fault for the accident or their injuries, they may be unable to recover compensation from the other party.
A seasoned pedestrian accident lawyer in Evergreen Park could argue against claims of shared negligence to help the plaintiff recover more compensation for their damages.
After being involved in an accident, injured individuals should focus on their physical and emotional damages instead of the financial burdens of a collision. You do need to handle the legal aspects of your case alone.
An experienced Evergreen Park pedestrian accident lawyer could advocate on your behalf to help you get the compensation you need. They will work tirelessly to help you get the best settlement for your situation. Do not delay. Call today to schedule a consultation.