Chicago Pedestrian Accident Lawyer
Have You or a Loved One Been Hit by a Car in Chicago, Illinois?
If you or a family member has been injured after being struck by a motorist, you might have medical bills that are getting out of control.
You may have missed work and lost wages because of the car accident; or you might be experiencing ongoing pain and suffering.
You May be Entitled to Financial Compensation for Your Injuries
You are one of thousands of people injured each year across the United States in pedestrian accidents.
Given the severity of most accidents, you are seriously injured and need the help of an experienced Chicago pedestrian accident lawyer to help you get compensation from the party responsible for your injuries.
Our Chicago Pedestrian Accident Attorneys are at Your Service
The Chicago pedestrian accident lawyers at our law office are committed to securing the most favorable outcome for people suffering from serious injuries at the hands of negligent drivers.
Our law firm regularly represents people who have been hit by motor vehicles in downtown Chicago and the surrounding Cook County areas such as Lake County, DuPage County, Will County and Lake County.
To ease your financial burden, we don’t charge a fee until we have reached a settlement for you as all of our Illinois pedestrian injury cases are handled on a contingency fee basis.
Why Work With With Rosenfeld Injury Lawyers LLC?
On numerous occasions, our experienced pedestrian accident attorneys have secured seven-figure recoveries for injured pedestrians.
Working with our law firm will give you the legal resources you need to go up against auto insurance companies with ample resources of their own. At Rosenfeld Injury Lawyers LLC, we bear the up-front cost of building your legal case at no out-of-pocket charge to you. We have the financial resources to successfully represent you and ensure you have professional experts on your side to assist in the liability and damages aspects of your case.
Personal injury cases are messy, complicated affairs and require professionals to sort through the facts, identify your claims, develop them, and present them to a jury.
We pledge to keep you informed of developments during every stage of your case. Retaining established pedestrian accident lawyers will ensure you have a passionate representative on your side fighting against deep-pocketed defendants.
We Have the Experience You Need to Maximize the Value of Your Case
If you have a pedestrian injury in Chicago, you have legal rights to recover damages for the injuries sustained under the laws of the Illinois Motor Vehicle Code.
The Chicago pedestrian accident attorneys at Rosenfeld Injury Lawyers LLC have considerable experience in all types of injury matters including: car accidents, hit-and-run drivers, and collisions with commercial vehicles.
All of our legal consultations are free, and a pedestrian accident lawyer will give you a candid evaluation of your case.
We have seen a range of injuries throughout our previous cases, including: bone fractures, spinal cord injuries and traumatic brain injuries that can leave the victim with severe, life-altering disabilities affecting hearing, vision, cognition, motor function and behavior.
Our experienced Chicago pedestrian injury attorneys have also seen degloving injuries, where skin and muscle is torn away from the bone, as well as joint injuries, internal injuries, paralysis and – unfortunately – fatalities.
Disturbing Statistics Regarding Pedestrian Safety in Illinois
You may be reading this web page and thing, 'wow these injury attorneys are really making a big deal about pedestrian cases'. Think what you like, but pedestrian injuries are an undeniable problem for people in Chicago and across the State of Illinois.
A review of data from the Illinois Department of Transportation (IDOT) reveals the dangers to pedestrians in Illinois are real. In 2018 (the most recent year of accident data released) out of 5,006 reported motor vehicle accidents involving pedestrians, there were 4,711 injuries (over 94% injury rate!).
Moreover, a closer look at the data reveals 1,045 collisions where the injuries were categorized as 'type A'-- the most severe. These are cases where people have sustained major trauma that has resulted in significant medical treatment and has forced them to change their daily living.
In the confines of the City of Chicago, 2,963 pedestrians were injured and 64 lost their lives when they were struck by motor vehicles in documented Chicago pedestrian accidents.
Settlements We’ve Won for Injured Pedestrians
Each Chicago pedestrian accident attorney in our law office is committed to providing the best possible representation for each client.
While the circumstances involved in each case is different, below are some sample recoveries we've realized for people injured while walking and jogging primarily within the State of Illinois.
If you have more questions about the value of your claim or a cases on behalf of a loved one, we invite you to speak with an experienced Chicago pedestrian accident attorney in our office for a free consultation regarding your legal rights.
Your Personal Injury Lawyer Will Fight for You
While you focus on recovering from your injuries, your pedestrian attorney from our law office will give your case the best chance of a favorable outcome. We will see you through the legal process, providing you with expert legal advice along the way:
- Free consultation: We will use this time to get to know the details of your case, and advise you on the best way forward to recover compensation for your injuries.
- Investigation: Once you have decided to move forward with our services, we will investigate the cause of your accident and gather the evidence to build the liability and damages components of a case for you.
- File a claim: Once we have established a case against the responsible party, we will file a claim with their auto insurance company.
- Settlement negotiation: After we have made our demand, the insurance company will likely present a settlement offer. Your personal injury lawyer will negotiate this offer to get the best possible outcome for you.
- Lawsuit: If no fair settlement can be reached, your pedestrian lawyer will help you file a lawsuit and prepare your case for trial.
FAQs about Chicago Pedestrian Accidents
Our law firm is sensitive to the fact that most pedestrian accidents are traumatic events and impact all aspects of your life.
While we have handled many cases, we never lose sight of the fact that this is likely a new situation for you. Below are some commonly encountered questions related to pedestrian accident injuries
How long do I have to file a Chicago, IL pedestrian accident lawsuit?
In Illinois, injured pedestrians have two years to file a lawsuit for their injuries. This statute of limitations prevents injured parties from filing cases long after the accident, which would make it difficult to ascertain the truth of the matter.
However, that also means victims of pedestrian accidents must move swiftly. They need to investigate the facts, build a case, and file suit in a short time frame.
Additionally, the statute of limitations may be different if the incident involved a defendant such as a municipality.
Can I file a claim on behalf of my child if they were hit by a vehicle?
Yes, parents can sue on behalf of their child for injuries related to them getting struck by a vehicle. To sue for negligence, you must show that the driver acted unreasonably and caused your child's damages.
If that person shows that your son or daughter was responsible for the crash, then you might lose. However, children under five generally cannot be held liable under the laws of Illinois. If you can successfully demonstrate these points, then you will be able to recover for all your child's economic and non-economic damages.
Can I file a wrongful death lawsuit if my family member was killed in a Chicago pedestrian accident?
Yes. After a pedestrian fatality, Illinois law allows the decedent's next of kin to pursue a death claim for damages including medical and burial expenses, lost financial support, and loss of companionship. The law generally applies to immediate family members such as spouses, parents, or children.
What type of compensation can I recover for injuries related to a pedestrian accident that occurred in Illinois?
In Illinois, an injured pedestrian can recover compensation for both economic and non-economic damages related to their accident.
Economic damages refers to compensation for your medical expenses, future medical care and costs, lost income and loss of future earning capacity.
Non-economic damages refers to: disfigurement like scarring, pain and suffering, and emotional distress.
In some cases, you can collect punitive damages if the defendant’s conduct was malicious, wanton, fraudulent or exhibited a reckless indifference to your safety.
Punitive damages are more commonly pursued cases of drunk driving and hit-and-run accidents.
What can I do if the driver who hit me did not have auto insurance?
If you are injured in an accident with a driver who did not have auto insurance, you may make an uninsured motorist (UM) claim under your personal automobile insurance policy.
When pursuing a UM claim, you can recover the same elements of damages as the law would allow you to recover as if you were pursuing a case against the at-fault party.
There are some procedural requirements with uninsured motorist claims involving injured pedestrians, so it is advisable to have a lawyer review your auto insurance policy to determine the best course of action.
Know Your Rights as an Injured Pedestrian
As someone injured by an automobile accident while on foot, there are various regulations in place to protect you.
Understanding these will help you prepare for your case and should give you peace of mind that you have support for your Chicago pedestrian accident claim.
Illinois Law Protects Pedestrians
There are several laws to protect people crossing streets and people in close proximity to motor vehicle traffic. The following summarizes the main rules from these laws from the Illinois Motor Vehicle Code to prevent traffic accidents involving pedestrians.
- Drivers must stop when people are in crosswalks or on school days when they enter/leave a school zone. Drivers must also stop if doing so would prevent further injury or accident.
- Drivers must yield when turning at a red light or intersection; when people are on their side of the road; when foot traffic has the right of way; when people are already in the crosswalk when the light turns green; when people are leaving a driveway, alley, private road, or building; and when yielding would prevent an injury or pedestrian accidents.
- Drivers must use all due care to avoid pedestrian accidents with people and other vehicles on the roadway. It is incumbent on them to operate their cars or sound their horns to prevent a collision.
- Illinois law also prohibits drivers from texting and using their cell phone when operating their vehicles.
- The onus is on drivers to avoid an accident, including pedestrian accidents. When incidents arise, the assumption is that the driver caused it. These laws protect individuals and penalize negligent drivers.
- When encountering a person at a marked crosswalk, drivers must yield to the individual. This means they must slow, stop completely, or do whatever necessary to allow the person to go through the crosswalk.
You Can Still Pursue a Claim, Even if you Were Partly at Fault for the Accident
You may recover compensation for your injuries, even if your actions contributed to your pedestrian crash. However, your damages will be reduced. Illinois applies the doctrine of comparative fault to all personal injury and other tort cases.
Comparative fault means that a person's financial recovery is reduced by the degree to which the plaintiff (injured person) contributed to their own damages.
Further, the injured pedestrian must be 50% or less at fault for their accident in order to recover anything at all. If they are deemed to be more than 50% responsible for causing it, they are barred from any recovery.
For Example: If your case is worth $250,000 and you are deemed to be 25% responsible, you would recover $187,500. However, if you are deemed to be 51% responsible for the crash, you will recover nothing.
What to Do If You Have Been Hit by a Car in Chicago, IL
Call 911 for emergency medical attention after a pedestrian accident, even if you believe you are unhurt or not badly hurt.
You may not be aware of the severity of your injuries until after the adrenaline you are experiencing from the accident begins to wear off in the hours or days following the crash.
Receiving a prompt diagnosis from a doctor at a hospital will not only protect your health, but preserve your future right to obtain adequate financial compensation for the treatment of your injuries.
Once police arrive on the scene, they will investigate the incident, get information from you and others involved if possible, and fill out an official report documenting what happened.If friends or companions are available, have them collect contact information from any individuals who witnessed the event.
Once you are safe and have had your medical needs attended to, speak with an experienced Chicago pedestrian accident lawyer. Contact an attorney from our law firm for a free consultation.
Let Our Chicago Pedestrian Accident Lawyers Start the Claims Process for You Today
Our Chicago personal injury attorneys have considerable experience in all types of personal injury matters and pedestrian crashes, including vehicle accidents, hit-and-run drivers, and collisions with commercial vehicles.
Contact us today for a free case evaluation and start the process towards full compensation for your personal injury claim.
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