A pedestrian is anyone who is walking on a street or sidewalk. Contrast this with someone who is operating a motor vehicle or a bicycle or a scooter. Pedestrians typically are granted more protection than motor vehicles.
Unfortunately, pedestrian accidents are very common. Many drivers do not pay attention or simply fail to see pedestrians. Common fact patterns surrounding pedestrian accidents are crosswalk and intersection collisions. Anytime a pedestrian is on the roadway, there is a danger that a motor vehicle can strike the pedestrian.
If you or a loved one were hit by a motor vehicle while walking, an Oak Lawn pedestrian accident lawyer could help your case. Reach out to an experienced personal injury attorney to discuss your case.
Accidents in which pedestrians are struck by motor vehicles tend to result in serious injuries. Since there is nothing to protect a pedestrian when they are struck by a car or truck, the injuries tend to be more serious to the pedestrian.
The most common type of pedestrian accidents include:
Pedestrians have certain laws which protect them, but they must also follow the rules of the road. Pedestrians have the right of way when on roadways. A pedestrian is not free to walk in the middle of the road anytime or anyplace that they want. If there is a crosswalk, the pedestrian must be within the crosswalk and must obey traffic signals.
Even though pedestrians are not operating a motor vehicle, they must still obey the traffic rules which apply to motor vehicles. For example, they must obey all traffic control devices. They are not allowed to enter the roadway unless they have permission to do so and are obeying the traffic control devices.
If the pedestrian is not following the rules of safety, they could be considered at fault. When a party violates a law, that is considered evidence of negligence. If the other party obeys all traffic laws and still is involved in an accident, the law may absolve them from liability. A pedestrian who does not follow the laws which apply to them can be found at fault for causing the accident. If the accident is the fault of the pedestrian, then there may be a limitation on the ability to make a full recovery.
An accident does not need to be 100 percent one party’s fault. A pedestrian accident may be a combination of fault. If the accident is partially the fault of the pedestrian, that can serve to reduce the amount of the recovery. If the pedestrian is found to be more than 50 percent at fault, they may not be eligible to recover compensation for damages.
It is important to hire a seasoned Oak Lawn pedestrian accident lawyer to ensure that the injured claimant makes a full recovery and is not blamed for causing the accident.
A pedestrian accident is serious and could cause significant injuries. When someone is hit by a motor vehicle while walking, the injured claimant could hold the negligent party accountable for their actions. An experienced attorney could investigate the accident, collect evidence, review the facts of the case, and determine which party could be held liable for damages. With the help of a diligent Oak Lawn pedestrian accident lawyer, you may be eligible to recover compensation for damages. Schedule a consultation today to discuss your rights and legal options.
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