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When a reckless or negligent driver carelessly plows into a pedestrian walking nearby, the pedestrian may suffer catastrophic or fatal injuries. The victim’s life can change overnight, leaving them facing exorbitant medical bills, wage loss, and sometimes, lifelong physical limitations.
If you or your loved one has been injured in an accident while walking, a Riverdale pedestrian accident lawyer could help you seek compensation for damages. A seasoned personal injury attorney could investigate the circumstances of your claim and fight hard to help you obtain the compensation you need to move forward.
Most pedestrian wrecks occur due to the negligence of motor vehicle drivers. Some of the most common contributing factors to pedestrian crashes include:
In order to hold a driver liable for injuries inflicted to a pedestrian accident victim, a Riverdale attorney must prove the legal elements of negligence. First, it must be shown that the motorist owed the pedestrian a legal duty of care. Drivers have a legal duty to operate their vehicle in a reasonably prudent matter so as to avoid causing injury to others.
Next, it must be established that the driver violated their legal duty of care, and as a result, the claimant was injured. Finally, the claimant must have sustained actual physical or financial losses. An attorney who is well-acquainted with the laws governing negligence-based claims could help a pedestrian determine whether a motorist’s carelessness caused their injuries.
The nature of the compensation which may be available to a pedestrian accident victim can vary based on the type of losses they sustain. Common pedestrian injuries include broken bones, neck and back injuries, spinal cord injuries, traumatic brain injuries, bruising, and lacerations.
Accordingly, the victim may be entitled to compensation for their medical bills, ambulance bills, rehabilitation expenses, lost income, lost earning potential in the future, and prescription costs. Other recoverable financial damages may include compensation for pain, suffering, loss of consortium, and disfigurement. Consult with a knowledgeable Riverdale pedestrian accident attorney to learn more regarding the potential damages which could be available.
735 Illinois Compiled Statutes § 5/2-1116 outlines the state’s comparative fault doctrine, which impacts the level of compensation a victim can recover in cases involving shared liability. Under this statute, a pedestrian victim could be partially at fault for the accident that caused their injuries and still recover compensation, as long as they are less than 50 percent at fault.
The injured party’s compensation award will be reduced by their percentage of fault. If the injured claimant’s degree of liability is found to be 51 percent or higher, they may be totally barred from recovering any compensation from the defendant.
Illinois law also outlines strict filing deadlines by which a personal injury action must be filed. Pursuant to 735 ILCS § 5/13-202, injury victims have two years from the date of the accident to file a lawsuit.
Compliance with this two-year statutory deadline is vital. If the lawsuit is not filed within the deadline, the injured party may be ineligible to recover compensation for damages. A diligent pedestrian attorney in Riverdale could help a crash victim file their case within the statute of limitations.
If a negligent driver caused your physical and financial losses, they should be held accountable for the damages you have endured. A Riverdale pedestrian accident lawyer could help you determine whether you have a viable case for recovery and explain the legal options which may be available to you. Call today to discuss your rights, case, and legal options.