Each pedestrian accident attorney at Rosenfeld Injury Lawyers is committed to securing the most favorable outcome for pedestrians injured in Illinois. Our law firm regularly represents men, women, and children who have been hit by cars and trucks in downtown Chicago and surrounding areas. Given the severity of most pedestrian accidents, you understandably want a pedestrian accident lawyer who has experience with high-stakes injury cases. On numerous occasions, our attorneys have secured seven-figure recoveries for injured pedestrians. One of our recent settlements involved a $3 million recovery for a disabled man struck by a turning garbage truck.
When you are ready to hold a driver responsible for an Illinois pedestrian accident, contact our accident law firm for a free case evaluation. You will speak to an experienced pedestrian accident attorney who will only get paid when your case is resolved. While we are headquartered in Chicago, our office serves all of Illinois in pedestrian injury and fatality lawsuits.
Vulnerable Pedestrians and Significant Industries
~ Dominique G.
According to the Centers for Disease Control and Prevention, more than 128,000 pedestrians were treated in emergency rooms for crash-related injuries in 2015. During the same year, 5,376 people were killed in incidents involving vehicles.
Closer to home, the Illinois Department of Transportation reported that 4,323 people were injured and 126 were killed across Illinois in pedestrian accidents in 2014. Statistics for Chicago show that 46 pedestrians were fatally injured in 2015, an increase of 31% from the preceding year.
In a study conducted by the Division of Trauma in Los Angeles, CA, more than 5,800 pedestrian accidents were reviewed, and the study found that the most common type of severe injury to pedestrians was head injuries, followed by injuries to the chest, abdomen, and extremities. The study linked both vehicle speed and age of the pedestrian to the severity of the injury and the survival outcome.
- At 20 mph, the chance of fatality is 5%.
- At 30 mph, that chance of death increases to 45%.
- At 40 mph, the chance of fatal injuries skyrockets to 85%.
Due to the nature of an auto/pedestrian accident, we tend to see some of the most severe injuries, ones that frequently result in lifelong disability. Among the injuries commonly incurred in pedestrian auto accidents are:
- Brain injuries
- Degloving injuries
- Injuries to internal organs
- Joint injuries
Why Chicago Pedestrians are at a Heightened Risk of Injury
The majority of pedestrian accidents happen in urban areas, like Chicago. In fact, the National Safety Council estimates that 85.7% of non-fatal pedestrian accidents happen in cities.
In a study released by the Chicago Department of Transportation in 2011, the following types of driver behavior were shown to be behind a substantial number of incidents involving pedestrian injury within the city limits.
- Drivers Failing to Yield: 48% of these accidents were attributed to drivers not yielding. This was the most common cause of pedestrian accidents in Chicago.
- Hit-and-Run Collisions: 33% of all of the accidents studied were hit-and-run. These also made up 40% of the fatal pedestrian accidents, double the national average. There was an average of two hit-and-run pedestrian accidents per day over a five-year period in Chicago.
- Turning Vehicles: More than 50% of the accidents involved a turning vehicle. Turning left accounted for more than double the turning accidents compared to turning right.
Illinois Laws to Protect Pedestrians
In 2010, Illinois passed a new law to further protect people when they cross the street. The law forces drivers to stop for pedestrians in the following situations:
- When a pedestrian is in a marked crosswalk
- On school days when children are in close proximity to a school zone crosswalk
The law requires drivers to yield to a pedestrian in the following situations:
- Yield for pedestrians on the driver’s side of the road when there are no traffic signals and when pedestrians are at an intersection without a marked crosswalk.
- Drivers should yield for pedestrians when turning at an intersection.
- Drivers must yield for pedestrians when turning right at a red light.
- Pedestrians have the right of way at a flashing red light or stop sign.
- Yield for pedestrians who are already in the crosswalk when the light turns green.
- It’s crucial to yield to pedestrians who are walking prompted by a green light or walk sign.
- Yield to pedestrians who are leaving a driveway, alley, private road, or building.
- Yield at an intersection with pedestrians crossing during a flashing yellow light.
In addition to the above, Illinois has an entire section of the Vehicle Code (625 ILCS 5/Ch. 11) dedicated to pedestrian rights and drivers’ responsibilities. Understanding this portion of the code is essential for pedestrians injured in accidents with motorists.
While there are portions of the code that dictate how a driver is to respond to a pedestrian in specific circumstances, Section 11-1003.1 is the most comprehensive and is relied upon when drafting many of our pedestrian accident lawsuits. The section states: “Notwithstanding other provisions of this code or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person operating a bicycle or other device propelled by human power and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated, or intoxicated person.”
Our Chicago Pedestrian Accident Law Firm can Help You
Of course, no one can anticipate being injured in a pedestrian accident. However, the steps you take or fail to take following a crash can have a substantial impact on your ability to recover damages from the driver who may have caused the incident.
Like in all accident cases, as the party injured, you have the burden of establishing that the negligent conduct of a driver resulted in the collision and your injuries. Rosenfeld Injury Lawyers knows the law related to Illinois accident cases and can immediately get to work assembling the most favorable case for clients involved in these situations to help you obtain pedestrian car accident settlements.
Our attorneys regularly take the following steps on behalf of our injured clients:
- Ordering medical records and bills
- Obtaining witness statements
- Consulting with treating physicians to appreciate the significance of the injury
- Calculating wage loss information related to injuries
- Seeking court intervention in order to secure video footage of an incident
- Photographing the scene of an accident
- Communicating with insurance carriers for drivers involved
- Communicating with medical insurance companies to seek subrogation payment from a case
We are deeply committed to the success of your case and feel strongly that these steps are necessary to obtain full and fair compensation.
Compensation Available in Pedestrian Injury and Fatality Cases
If a pedestrian has suffered a serious injury in an accident caused by a negligent driver, they may recover financial compensation based upon the following types of damages recognized under Illinois law.
- Medical Expenses: All past and future medical expenses related to your injuries may be included, such as costs for an ambulance, doctors, surgery, hospitalization, physical therapy, MRIs, X-rays, injections, medications, and medical devices.
- Lost Wages: You can recover past and future lost wages if your injuries prevent you from returning to the employment you were engaged in prior to the accident.
- Pain and Suffering: All of the pain related to physical injuries and medical procedures is compensable.
- Disability: A financial recovery may be obtained for an injured person’s loss of the ability to participate in activities they enjoyed prior to the incident.
In a situation where a pedestrian was killed in an accident or died from injuries sustained in a crash, the Illinois Wrongful Death Act allows the family of the deceased to recover compensation for their loss of financial and emotional support as well as expenses related to the costs of the funeral.
Get a Free Legal Consultation With Experienced Chicago Injury Lawyers
Rosenfeld Injury Lawyers is actively involved in both legal associations and consumer advocacy groups, allowing us to remain on the cutting edge with respect to new developments in the law and how they may impact our clients. Getting involved in the community not only allows our attorneys to stay up to date with legal developments but also allows us to help create policies that will improve the safety of everyone in our community.
If you have suffered a pedestrian-related traffic injury in Chicago, you might have legal rights to recover damages for the injuries sustained. The Chicago pedestrian accident attorneys at Rosenfeld Injury Lawyers represent pedestrians in all types of personal injury matters, including car accidents, hit-and-run drivers, and collisions with commercial vehicles. Our legal consultations are free, and a pedestrian accident attorney will give you a candid evaluation of your case.
Rosenfeld Injury Lawyers is committed to providing people injured in an auto/pedestrian accident with information needed to help make decisions about their case. Please visit the pages below for more information.