Champaign Pedestrian Accident Attorneys
You may have been seriously hurt in a pedestrian accident caused by someone else's negligence.
The injuries may have required hospitalization and surgery. Your medical bills could exceed your life savings in just a few months, especially if you were off work for several weeks or more while recovering from your injuries.
Did you suffer personal injuries in a pedestrian accident or lose a loved one to wrongful death caused by another's negligence?
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys are legal advocates for pedestrian accident victims seeking monetary compensation to hold those responsible financially accountable.
Call ourChampaign personal injury law firm at (888) 424-5757 (toll-free phone number) or use the contact form today for legal advice and schedule a free consultation. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
Pedestrian Accident Statistics
According to the National Highway Traffic Safety Administration (NHTSA) a pedestrian/auto accident is a "collision between a pedestrian and a motor vehicle in which the first party is injured or killed."
In 2009, over 4,000 pedestrians were killed in traffic accidents, making it the leading cause of child fatalities from unintentional injury.
The number of pedestrian deaths had risen every year since 2002 when 3,599 pedestrian fatalities occurred.
Highway safety officials explain that when pedestrians are involved in accidents, the driver is usually at fault. However, the NHTSA reports that in 2009, 79% of pedestrian fatalities occurred when a person was hit by an automobile or light truck while walking on the road unlawfully or not crossing at an intersection.
The agency also states that "although engineering solutions are important to improve safety, engineering countermeasures alone will not necessarily reduce pedestrian and bicycle crashes. Pedestrians need to pay closer attention to traffic conditions and obey traffic signals."
Facts About Pedestrian Accidents
- A total of 4,092 pedestrians were killed by motor vehicles in 2009, an average of one child or teenage 14 to 18 every two hours
- Pedestrian fatalities account for a larger percentage in the age groups 10 to 14 and 85 and older, making up 12 percent of all motor vehicle-related deaths
- For children between the ages of 0–9 years old, more than half were killed while engaging in normal activities such as walking or playing when struck by a motor vehicle
- Most child pedestrians (54 percent) killed in 2009 were struck while playing near their homes
- Among teenage pedestrians (15- to 20-year-olds), the majority (64 percent) were struck by a driver who failed to yield the right of way
- The NHTSA also reports that, on average, two children age 14 and under are killed each day as pedestrians in traffic accidents
Who Is Most At Risk?
- Elderly pedestrians are at high risk (about 16 percent of fatal pedestrian crashes involve at least one person age 65 or older).
- "White non-Hispanics" make up a disproportionate percentage of pedestrian fatalities (about 66 percent of all Americans killed as pedestrians are "white non-Hispanics," while representing only about 76 percent of the general population).
- Males are more likely than females to be involved in traffic crashes as pedestrians.- Younger males (15 through 20 years old) are at the highest risk for pedestrian death, especially in urban areas.
- Alcohol use is a common factor in fatal pedestrian crashes (about 30 percent), with .08 grams per deciliter or higher blood alcohol concentrations.
- Children are at the greatest risk for being killed as pedestrians between 3 p.m. and 6 p.m., which is when they are most likely to be returning home from school and engaging in recreational activities that take place near roadways.
- Most pedestrian fatalities (58 percent) occur in urban areas.
- One-third of the fatal pedestrian crashes occur at intersections, with another one-third in places other than an intersection or a midblock location (e.g., in a driveway).
- Most pedestrian crashes occur on straight road sections, away from intersections.
- For children 14 and under killed as pedestrians, more than half were struck by the front of a passenger vehicle while the child was in a crosswalk.
What To Do If You Are Involved In A Pedestrian/Car Accident
The Personal Injury Resource Center offers some suggestions on what to do if you are involved in a pedestrian/car accident:
- If the accident resulted in a motorist's negligence, contact a qualified personal injury attorney
- Seek immediate medical attention for any injuries
- Make sure your child is checked out by a doctor after a pedestrian/car accident involving a car, even if they do not have any visible injuries
- If a loved one was killed in a central Illinois accident, you might be entitled to preventable death damages.
- Get the other driver's license plate number, name, and insurance information
- Take pictures of the accident scene and any visible vehicle damage
- Call the police so they can complete an accident report for your insurance company or assist in filing any necessary reports
How a Champaign Pedestrian Accident Lawyer Can Help
The Champaign pedestrian accident attorneys at Rosenfeld Injury Lawyers LLC believe that everyone deserves justice when they have been needlessly injured due to the reckless actions of others.
Many Macon County and Champaign County drivers forget just how much carnage they can cause behind the wheel of a vehicle, especially to those who are lawfully crossing the street or using the sidewalk.
The injuries suffered can last a lifetime, and there is a world of grief and emotional misery that can accompany a disability or loss in the family. Know that we will fight for you and seek the justice and the fair compensation you deserve.
Filing a Personal Injury Claim Involving a Pedestrian/Car Accident
Personal injury cases are complex and often require medical experts, financial advisers, and accident reconstruction to ensure that the injured party has substantial financial compensation during the healing process.
In many cases, the pedestrian/car accident victim suffers lifelong disabilities and never completely heals. Because of that, it's important to seek the help of a personal injury lawyer who knows how to present injury claims to maximize compensation.
Rosenfeld Injury Lawyers LLC is an experienced personal injury law firm that has helped accident victims recover over $250 million in compensation for their injuries and losses: we know what it takes to optimize your chances of obtaining financial damages.
Contact the central Illinois pedestrian accident lawyers at Rosenfeld Injury Lawyers LLC today for a free, no-obligation consultation about your injury case. We will help protect you and your rights during this difficult time.
How We Prove Fault in a Champaign Personal Injury Lawsuit
Being able to prove that the driver who struck you was at fault for the accident is crucial to your claim, so we implement a variety of strategies to gather the evidence needed to build a solid case on your behalf.
Some of the ways we can establish fault and hold it up in court include the following:
- We will use police reports to steer our investigation in the right direction by using the statements made by witnesses and the evidence collected by officers to help us determine what happened. We can also interview witnesses later to determine whether they remembered anything they did not previously state to the officers at the scene.
- We may subpoena traffic camera footage as evidence of the events as they happened in real-time. It can often provide the indisputable evidence that we need to show that the driver was breaking the law at the time of the collision.
- We can also access 911 records to help recall the events as they unfolded and determine which witnesses are most credible in the case of conflicting accounts of what went on.
- In addition to 911 call records, accessing the driver's phone records is another step we can take to establish fault. For example, if text messages were being sent at the time of impact or an ongoing call, it will prove that the driver was distracted and broke laws regarding smartphone use while driving.
- Reconstructing the accident with the help of our specialists’ team, who can use evidence from the scene of the accident and testimony to recreate the accident. We can then determine whether the driver was speeding, slowing down, or making any other attempt jurors understand to avoid the accident.
- We can create a three-dimensional model of the accident that happened through visual representation.
Pedestrian Accident Wrongful Death
According to the data, most pedestrian fatalities lie almost equally with motorists who commit negligent acts behind the wheel and careless pedestrians. Unfortunately, however, the latter are often the victims of these tragic accidents.
When you lose a loved one because of another's negligence, it can be difficult to move on with your life, knowing that you will never see them again. If someone else's negligence caused the death of a loved one, you might be able to file a wrongful death claim.
Qualifying family members can file Pedestrian death cases, including surviving spouses, children, parents, and siblings. In addition, depending on the state in which you live, some of these family members may also be able to file a personal injury claim on behalf of the deceased if they were injured before their death.
How Much is My Pedestrian/Car Accident Case Worth?
Every case is different, with circumstances unique to each individual. Our personal injury law offices can provide a detailed explanation of what you can expect to receive once your case is closed.
Still, it is important to keep in mind that many factors are involved in determining the value of a case.
Some of these include:
- The severity and extent of the injuries suffered
- How long did the personal injuries take to heal
- The age and health of the victim when they passed away
- The impact the death has had on their family members' lives
- If there is any permanent damage that can be documented, such as loss of limb function or impairment in cognitive abilities
- The amount of care needed to treat a personal injury, post-accident
- Past medical bills and future medical expenses related to the accident
- Loss of income and earning ability as a result of the injury
- Loss of capacity for enjoyment in life as a result of the accident or injuries suffered
- Permanent disfigurement as a result of the injuries suffered (such as scars, facial paralysis, broken bones)
The amount to recover compensation will largely depend on your circumstances. However, we can help you estimate what your Champaign County pedestrian/auto accident case may be worth through our free consultation, no-risk consultation sessions.
When Pedestrian/Auto Accidents Involve Medical Malpractice
Unfortunately, injury victims can be harmed more than once after a pedestrian/car accident. Sometimes, they are re-injured in the hospital, emergency room, or doctor's office by a medical staff member's negligence.
Medical negligence is a serious concern for crash victims. In addition to keeping injured victims from getting necessary treatment in a timely fashion, medical errors often make injuries worse and increase long-term disability following an accident.
In cases where another party's carelessness or neglect contributed to injuries sustained during a pedestrian/car accident, medical errors or failures that worsen the injuries can sometimes turn a pedestrian/car accident case into a "medical malpractice" case.
Medical negligence is typically defined as any wrongdoing by a healthcare professional which results in injury to their patients. In some cases, this may even entail the use of excessive force when caring for an injured person.
For a medical malpractice case to be valid, the following must exist:
- The patient must have been under the care of a healthcare professional. For example, if you were injured by an ambulance driver who tore your ACL while rushing you to the hospital against their better judgment, this could qualify as a medical negligence case. On the other hand, if you were injured by a nurse who did not notice that you had a broken arm due to a lack of communication among staff members, this would not qualify as medical negligence.
- The professional must have been negligent in administering the necessary treatment. In other words, they either performed below the standard of care or failed to meet it entirely. For example, not giving a patient the appropriate medication in response to their symptoms would be an example of negligence.
- The patient must have sustained injuries due to this negligence. For instance, a doctor prescribing you the incorrect dosage of a drug or improperly instructing you on its use could result in more serious side effects than expected. These could turn into medical negligence if the patient sustains injuries as a result.
Unfortunately, because of the way healthcare systems work in this country, medical errors are extremely common.
Pedestrian crash victims injured by medical negligence may find their injuries exacerbated by these errors; even an incorrect dosage can cause severe side effects for some patients.
Fortunately, many state laws hold medical professionals to an even higher standard when dealing with emergencies.
It means that medical negligence can be easier to prove in pedestrian/car accident cases involving injuries requiring immediate medical care, such as spinal cord injuries.
Knowing your legal rights is important in any legal matter, especially one that could affect the future course of your life. For this reason, we urge you to consider your legal options before signing a release of liability or settlement agreement with the other party's insurance company.
There are Multiple Options to Consider When Seeking Compensation for Pedestrian Accidents
After proving fault, there are several ways we can address the issue of compensation. Insurance companies provide most of the monetary damages sought in these accidents, and several insurers may be involved.
Here are some of the sources of compensation we can access when maximizing the value of your claim.
- The first place we will look at the driver's insurance company is the at-fault driver's insurance policy to see what we can recover toward the total amount of compensation we are seeking. It may not be enough to cover all of your expenses, however, so there are other options we can look at after negotiating with the driver's insurance company.
- Your own insurance company: Many policies have underinsured or uninsured motorist clauses in them that we can use to help cover the gap in the amount of compensation the driver's policy will provide and what you need to pay for your losses. We will negotiate with your own insurance company to use this as another means to recover the compensation you need.
- Your health insurance company: We can also file a claim through your health insurance company to cover the cost of your medical treatment and rehabilitative therapy. We can negotiate with all of the insurance companies involved to ensure that the amount paid through each company is provided efficiently.
- The driver's assets: Nobody likes the thought of taking the things that a person has worked hard for away, which is why we will normally view this as a last resort. However, in the case of a catastrophic injury that has left the victim permanently injured, it may be required to seek assets from the person at fault to account for the victim's losses.
Put Our Champaign Pedestrian Accident Lawyers to Work on Your Behalf
At Rosenfeld Injury Lawyers LLC, our Champaign personal injury lawyers believe in serving every person who needs representation due to injuries caused by another person's negligence. It is why we promise never to charge any upfront fees or to accept attorneys' fees unless your personal injury lawyer obtains compensation on your behalf.
Contact a personal injury lawyer today to arrange a free consultation with one of our extremely law, knowledgeable Champaign, IL pedestrian/car accident attorneys to discuss receiving financial compensation.
Learn more about your rights, legal services, insurance companies, pedestrian accidents, and legal options. We look forward to serving your needs.
Our Champaign County law firm represents injury victims in related practice areas, including auto accident cases, motorcycle accident claims, birth injuries, medical negligence, nursing home abuse, product liability, work-related injuries (workers' compensation), defective drugs, and wrongful death.