In the United States, pedestrian safety is a growing concern highlighted by troubling statistics. In 2021 alone, a pedestrian was killed every 71 minutes, and 1 was injured every nine minutes in traffic crashes. [1] These staggering numbers reflect the risks that pedestrians face daily, emphasizing the need for legal protection and advocacy when accidents occur.
Rosenfeld Injury Lawyers understands these challenges well. Our team specializes in representing those who have been harmed in pedestrian crashes, leveraging our extensive knowledge to fight for the rights of accident victims.
If you’ve experienced a pedestrian accident, read on to find out more about your legal options, who could be responsible for compensating you, and how a Chicago pedestrian accident lawyer from our team can help.
How Common Are Pedestrian Accidents?
Chicago and Illinois pedestrian accidents have become an ever-increasing concern in the United States:
- The year 2022 witnessed over 7,500 pedestrian fatalities across the country, marking it as the deadliest year for pedestrians since 1981. [2]
- In Illinois specifically, there were approximately 1.59 pedestrian deaths per every 100,000 people. [2]
- In Chicago in 2022, there were 52 fatal pedestrian accidents related to motor vehicle accidents. [3]
- In 2021, there were 60 fatal accidents involving pedestrians. [3]
- There were 462 serious injuries sustained in Chicago pedestrian crashes in 2022. [3]
Common Causes of Pedestrian Accidents
Chicago pedestrian accidents happen for a variety of reasons. Understanding the common causes is crucial in both prevention and legal advocacy following an accident:
- Speeding: Excessive speed reduces a driver’s ability to stop or react in time when pedestrians are crossing, significantly increasing the risk and severity of collisions.
- Driving under the influence: Impaired drivers present serious dangers to pedestrians as alcohol and drugs greatly hinder reaction times, decision-making, and overall vehicle control.
- Distracted driving: A lapse in a driver’s attention due to phone use or talking to passengers can lead to a failure to notice pedestrians at crosswalks or along roadways.
- Poor road design: Lack of road design elements such as proper pedestrian crossings, signals, or signage and improperly lit streets can contribute to pedestrian accidents. These flaws pose a danger, especially in high-traffic areas where driver visibility is already compromised.
- Pedestrian distraction: Much like distracted driving, pedestrians absorbed by their phones or other distractions might inadvertently step into harm’s way without noticing oncoming traffic.
Pedestrian Accident Injuries
Pedestrian accidents have the potential to result in serious injuries given that pedestrians are unprotected compared to vehicle occupants.
Some of the most common injuries include:
- Traumatic brain injuries
- Neck injuries
- Internal injuries
- Amputations
- Facial and dental injuries
- Spinal cord injuries
- Broken bones and fractures
- Nerve damage
- Soft tissue injuries
- Psychological injuries
- Fatal accident injuries
What to Do Following a Pedestrian Accident
When involved in a pedestrian accident, taking the appropriate steps is crucial for both your health and any subsequent legal action. Here’s what you should do right after the pedestrian accident:
- Call 911: Contact emergency services immediately to report the accident and get medical help on the scene as quickly as possible.
- Document the scene: If it’s safe and you’re able to do so, take photos of the accident scene, including injuries sustained, vehicle positions, and any nearby street signs or signals possibly relating to the incident.
- Seek follow-up treatment: Even if medical responders look you over at the site, follow up with a healthcare provider for a comprehensive evaluation. Some pedestrian injuries may not be immediately apparent.
- Maintain records: Keep organized records of all medical treatments received and track expenses related to the incident. Include invoices for any medical care, physical therapy, medications, and other treatment-related costs.
- Stay off social media: Avoid discussing details or assigning blame on social media platforms; these statements can sometimes complicate legal proceedings going forward, as anything you say could be used in your case.
- Consult personal injury attorneys: Our Chicago personal injury lawyers can provide legal guidance regarding your pedestrian accident and will work to ensure you can pursue the compensation you’re entitled to.
In the trying times following a pedestrian accident caused by negligent drivers, having professional legal guidance gives pedestrian victims much-needed confidence that they are taking all necessary steps toward recovery and justice.
Your Legal Options Following a Pedestrian Accident in Chicago
Navigating the aftermath and understanding your legal options after a pedestrian accident in Chicago is crucial. In many cases, you may be able to file a lawsuit against the negligent driver.
An experienced Chicago pedestrian accident lawyer can help establish fault and pursue compensation for immediate medical bills and those likely to be needed in the future.
How Rosenfeld Injury Lawyers Can Help
At Rosenfeld Injury Lawyers, we provide dedicated legal assistance to those devastated by pedestrian accident injuries or the wrongful death of a loved one as a result of a pedestrian accident.
Our knowledgeable and compassionate lawyers are equipped with extensive resources to ensure justice is served for our clients.
Here’s how we can help you:
Chicago Pedestrian Accident Case Investigation
In the event of a pedestrian accident, a thorough investigation is key to building your case.
A personal injury attorney from our team will take every necessary step to gather strong evidence to support your claim, including talking to witnesses, collecting footage from street cameras and dashcams, footage from storefronts or residences if available, and any other relevant information to help determine who is liable for your injuries.
Determining Possible Damages and Fair Compensation
Determining the scope of damages and pursuing compensation is essential in helping you recover from your injuries.
With Rosenfeld Injury Lawyers working on your case, you might be able to recover compensation for medical expenses, lost wages, property damage, pain and suffering, and other losses related to the accident.
Filing a Pedestrian Accident Personal Injury Claim
Our lawyers are well-versed in all aspects of personal injury law, including pedestrian accidents. We will handle the entire claim filing process for you—from preparing paperwork to submitting it within critical deadlines. Our attention to detail and commitment ensure that your claim is filed accurately so your case can move forward toward an ideal resolution.
Insurance Company Negotiation
Dealing with insurance companies following a pedestrian accident requires strategy and patience.
At Rosenfeld Injury Lawyers, we possess extensive experience in conducting tough negotiations with these companies to secure the best possible settlements for our clients, alleviating you of that burden.
Understanding the tactics insurance companies employ to minimize payouts, we craft effective approaches for these negotiations.
Court Representation
Securing compensation often involves persistent negotiation, but if a settlement cannot be reached with the auto insurance company, Rosenfeld Injury Lawyers are fully equipped to take the case to trial. Our team has substantial litigation experience and is ready to present your case before a judge and jury to ensure that justice is sought.
The Time Limits to File a Chicago Pedestrian Accident Claim
In Chicago, the statute of limitations for filing a Chicago pedestrian accident claim is typically two years from the date of the accident. However, there can be exceptions to this timeline based on specific case details.
It’s critical that you contact a lawyer as soon as possible after an accident to ensure your legal rights are preserved, and actions are taken within the appropriate time frame.
If you fail to file on time, you lose your chance to recover compensation, no matter how clear it is that the other party was at fault.
How Long Does It Take to Settle a Pedestrian Accident Lawsuit?
The timeline for settling a pedestrian accident lawsuit can vary greatly, typically ranging from a few months to several years. The duration depends on the specifics of the case, including factors such as how clear liability is, the severity of the injuries sustained, and whether or not a fair settlement can be negotiated outside of court.
More complex pedestrian accident cases involving severe injuries, disputed liability, or numerous parties may take longer due to the detailed investigations and prolonged negotiations required. Conversely, personal injury cases with clearly established fault could reach settlements in a relatively shorter timeframe.
Having a lawyer can expedite the process because they bring experience to it. If you’ve suffered an injury in a pedestrian accident and need assistance with your case, reach out to Rosenfeld Injury Lawyers. Our experienced legal team is ready to help you navigate the complexities of personal injury law and will work tirelessly on your behalf for a just resolution.
Are Chicago Pedestrian Accident Lawyers Expensive?
Our Chicago pedestrian accident lawyers operate on a contingency fee basis. This means that you will not incur any upfront costs or out-of-pocket fees; our payment is contingent upon winning your case or securing a settlement.
We only get paid if you do, aligning our success with yours and avoiding adding financial stress to what is already a difficult and overwhelming time.
Is It Worth Hiring a Chicago Pedestrian Accident Lawyer for Your Chicago Pedestrian Accident Case?
Hiring a lawyer for your Chicago pedestrian accident case is always worth considering to ensure you receive the full and fair compensation you truly need to be able to focus on your recovery.
An experienced pedestrian accident lawyer will accurately evaluate the extent of your losses and determine who is liable. If you don’t know what you’re entitled to and who to seek that compensation from, you won’t be able to get what you need to move forward.
Without proper legal representation, you risk settling too quickly with an insurance company that will try to offer you far less than your true damages. If you’ve been in a pedestrian accident and are seeking legal advice or representation, don’t wait to contact an attorney.
Damages an Experienced Pedestrian Accident Attorney Can Help You Recover
An experienced pedestrian accident attorney can help you recover a range of damages, which includes but is not limited to:
- Medical expenses: These encompass immediate and ongoing costs, including emergency services, hospital stays, and future medical care and rehabilitation if needed.
- Lost wages: Compensation can be sought for wages lost during recovery.
- Loss of earning capacity: If the accident affects your ability to earn in the future, damages may also be obtained to cover potential differences in your income before and after the injury.
- Pain and suffering: This compensates for the physical pain and discomfort experienced because of injuries sustained in a pedestrian accident.
- Emotional distress: Lawyers can also help secure compensation that acknowledges emotional symptoms, like anxiety, depression, and post-traumatic stress disorder (PTSD).
If you or a loved one has suffered a serious injury in a pedestrian accident related to car accidents, securing compensation is crucial for your peace of mind and recovery. Our personal injury law firm, Rosenfeld Injury Lawyers, is here to help you navigate the complexities of your case.
Can I File a Pedestrian Crash Lawsuit If I Was Partially at Fault for It?
Even if you were partially at fault for a pedestrian accident, Illinois law allows you to file a personal injury lawsuit due to the state’s modified comparative negligence system.
This rule allows an injured pedestrian to recover damages if they are deemed less than 50% responsible for the incident. In Illinois pedestrian accidents like this, the amount of compensation you can receive will be reduced by your percentage of fault.
For example, if it is determined that you were 20% responsible for a pedestrian accident due to jaywalking while the other party was 80% at fault for speeding and running a red light, your award would be adjusted accordingly: if you suffered $100,000 in damages, you would be entitled to 80% of that—or $80,000.
In situations where you may be partially at fault, it’s even more critical to work with a personal injury lawyer to ensure you’re still able to recover what you deserve.
Contact a Chicago Pedestrian Accident Attorney Today!
If you’ve been injured as a pedestrian in Chicago, a pedestrian accident lawyer can help ensure your rights are protected and that you receive appropriate compensation. We understand the difficult road ahead as you recover from your pedestrian accident, both physically and emotionally.
At Rosenfeld Injury Lawyers, we strive to alleviate some of that burden by handling the complex legalities so you can focus on what’s most important: your recovery. Contact us today to schedule a free consultation with a Chicago pedestrian accident attorney. Reach out online or call us at (888) 424-5757.
Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.
Rosenfeld Injury Lawyers
225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757
We also serve clients from Buffalo Grove, Decatur, Naperville, Springfield and throughout Illinois.
Resources: [1] NHTSA, [2] GHSA, [3] Chicago.gov