Pedestrian Accident Lawyer
Taking a walk or going for a run should be a relatively uneventful experience. However, in 2012, the National Highway Traffic Safety Administration reported nearly 76,000 pedestrians were injured as a result of being struck by a car. About 5,000 of the injuries were deadly. The driver of a speeding car may hit a patch of ice, lose control and strike a pedestrian walking on the sidewalk. A person crossing the street at a crosswalk may be hit when a driver fails to stop for a red light. A drunk driver may veer off the road and into the path of children playing nearby.
Illinois pedestrian accident lawyer Christopher Dixon represents pedestrians who have been injured due to the carelessness or neglect of others. He also represents the family members of those who have died in a pedestrian accident.
To learn more, contact Illinois personal injury lawyer Christopher Dixon. Call 855-40-CRASH.
Motor Vehicle-Pedestrian Accidents
Individuals who are not in a motor vehicle and are in the road are very vulnerable and more likely to be seriously injured during a crash than a driver. Hitting a pedestrian at a speed of 30 miles per hour can result in fatalities, while a crash that happens at only 10 miles per hour can still severely disable a pedestrian.
When a driver hits a pedestrian, fault is often questioned. Unfortunately, even when the driver is to blame, the pedestrian may be the one who feels compelled to prove his or her innocence with respect to the crash. Insurance companies may assert the pedestrian was at fault by claiming that the pedestrian:
- Ignored the “walk” signal at a crosswalk
- Darted into traffic
- Crossed outside the confines of a crosswalk
- Ignored traffic signals
However, all drivers have a duty of care. Generally, the law of negligence determines fault. A person who fails to exercise a reasonable standard of care, depending on the circumstances, may be considered negligent. A few of the most common factors contributing to a driver’s negligence are:
- Distracted driving
- Driving under the influence of drugs or alcohol
- Failing to yield the right of way to pedestrians
- Disregarding weather or traffic conditions
- Disobeying traffic signals
- Failing to signal when turning
Children between the ages of 5 and 9 are at the greatest risk of being hit by a car. They are smaller and less visible and their actions can be unpredictable. Drivers must exercise an even greater duty of care when they know or should know that children are in the area. Examples include driving by schools, parks, or through residential areas.
Premises Liability in Pedestrian Accidents
Sometimes, pedestrians become injured in non-vehicle related accidents. A child may fall into a pool and drown; a person may break their leg after stepping into an unmarked hole; an elderly person may trip on a neglected sidewalk. Premises liability controls claims for damages suffered by the negligence of property owners. Property owners have a duty to keep their properties free from defects and hazards, which are likely to cause injury. Common types of pedestrian accidents that fall under premises liability include:
- Dog bites
- Wet floor accidents
- Broken escalators
- Construction sites that are not secured
- Uneven surfaces
- Poorly maintained sidewalks
- Swimming pool accidents
To recover damages in these premises liability cases, the injured person must prove that a dangerous condition existed, or that there was an unreasonable risk to people on the property and that the risk was not obvious. To prove the property owner negligent, it must be shown that:
- The owner created the condition; or
- The owner knew the condition existed and did nothing to correct it; or
- The condition existed for such a long time that it should have been discovered and correct prior to the injury.
If you are involved in a pedestrian accident, call the police immediately. Don’t leave the scene before the authorities arrive, gather contact information of any witnesses, and do not make statements to anyone, including drivers or insurance companies. If you have a cell phone camera, try to document the scene via photographic evidence.
Hiring an Illinois Pedestrian Accident Lawyer
If you have been injured in an accident or your loved one has been hurt or killed in a motor vehicle-pedestrian accident or premises liability accident, it is important to contact an experienced Illinois personal injury attorney who can protect your rights. The statute of limitations allows injured parties to file suit up to two years after an injury occurs. Since this is not a lot of time, it’s important to acquire an attorney as soon as possible so that your rights are preserved. Once the statute of limitations expires, your right to recover damages expires.
Pedestrian accidents can be very serious. Not only does the injury itself take its toll in the form of pain and suffering, but victims can also lose time and wages from work. Additionally, medical costs and time spent in the hospital and with doctors will eat at your pocketbook.
Christopher Dixon has provided aggressive and compassionate representation to individuals who have been hurt by the carelessness or negligence of another. He will protect your rights and fight to obtain compensation for your injuries.
If you have sustained an injury as a pedestrian, contact us for a FREE case consultation. Chris is recognized by the National Trial Lawyers Association as a Top 100 Trial lawyer and a Life-Time Member of the Million Dollar Advocates Forum. Our lawyers are standing by 24 hours a day, 7 days a week to discuss your case by calling 314-409-7060, or Toll-Free at 855-40-CRASH.