Whether walking is your only means of transportation or you enjoy it as exercise, you want to feel confident that drivers are following the rules of the road and keeping you from harms way. According to the Centers for Disease Control and Prevention, 5,376 pedestrians were killed in traffic crashes in the United States in 2015, and in addition, nearly 129,000 were treated in emergency rooms for non-fatal injuries. As pedestrian accidents become more prevalent it may be important to discuss your rights with someone who may know a way to handle these types of incidents.

If you are injured crossing or walking along the road by a careless motorist, a seasoned Orland Park pedestrian accident lawyer could help you hold the driver accountable and recover damages that could put you on the path to recovery. Reach out to a compassionate injury attorney as soon as possible to get what you deserve.

Pedestrian Rights in Orland Park

In Illinois, under Illinois compiled statutes Section 11-1002, drivers must come to a complete stop and yield to pedestrians in a marked crosswalk and when children are near a school zone crosswalk on school days. The state law also imposes additional requirements on motorists to exercise care to avoid colliding with any pedestrian and sound a horn as a warning.

Common Causes of Pedestrian Accidents

Even with the increased safety features on many cars today, the advances may not change driver behavior. Many motorists continue to engage in unsafe activities behind the wheel that could impact their ability to avoid colliding with pedestrians. Among the most common causes of pedestrian accidents are:

  • Distracted Driving: Often due to cell phone use and texting
  • Speed
  • Alcohol: The Governors Highway Safety Association reported that 15 percent of pedestrian killed each year are hit by a drunk driver
  • Failure to Stop/Yield: Many accidents may be caused when drivers fail to stop at signs and lights or fail to yield the right of way when turning

Proving Negligence

If a motorist’s actions cause an injury, the plaintiff may need to show that the driver was negligent in order to bring a cause of action. To prove negligence, the plaintiff may want to establish that:

  • The defendant owed the plaintiff a duty to act in a way that would prevent foreseeable harm
  • The defendant failed to fulfill their duty
  • The plaintiff suffered an injury as a result of the defendant’s actions
  • The plaintiff’s damages could be compensable monetarily

Even if the plaintiff was partially negligent and their actions contributed to the accident that caused their injuries, they could still recover damages.  The amount may be reduced by the proportion of fault attributed to the plaintiff under Illinois’ comparative fault law. If the plaintiff is found to be more than 50 percent liable for their injuries, they may be barred from recovering damages.

Speaking With an Orland Park Pedestrian Accident Attorney

In a crash involving a pedestrian and motor vehicle, the pedestrian may suffer the most. To compensate you for your losses, an Orland Park pedestrian accident lawyer could help you seek a suitable outcome under the given circumstances. Call today for a consultation.