What Are My Legal Rights If My Child Was Injured in a Pedestrian Accident?
The injuries sustained by a child in a pedestrian accident can be devastating. One challenging aspect of being involved in such an incident is dealing with the insurance company, medical bills, and other expenses while caring for your injured child.
To ensure that you can focus on what matters most - your child&'s health and well-being – it may make sense to hire an attorney who specializes in these types of cases. An experienced lawyer can help you seek compensation from those responsible without taking time away from tending to your family member's needs.
Our personal injury lawyers at Rosenfeld Injury Lawyers, LLC represent the victims of serious pedestrian accidents throughout the state of Illinois. We can answer any questions you might have about how these cases work, and we're here for your family whenever they need us most.
Call our pedestrian accident attorneys today at (888) 424-5757 for a free legal consultation on what your options are after an injury like this one! We will not share your information without your express consent through an attorney-client relationship with us.
A pedestrian accident involves a person who is not inside a motor vehicle. Car accidents are the most common form of pedestrian crash, especially when a pedestrian is struck by a car.
There are also many accidents involving vehicles and bicycles, where the bicyclist or motorist loses control, and a collision with a pedestrian occurs.
Pedestrian accidents can result in devastating injuries and death, especially if the victim is not protected by a car or bicycle. The focus on pedestrian accidents is because many of these collisions could be prevented with proper safety measures taken by pedestrians and motorists.
However, studies show that pedestrians are often just as or more likely to be at fault for accidents than the drivers of other vehicles.
It is because pedestrians may not be paying attention or may fail to obey crosswalks, traffic signals, and other laws meant to keep them safe. As a result, an oncoming car in a pedestrian accident is at fault most of the time.
Increasing Pedestrian Safety
Pedestrian accidents are an unfortunate but common part of city life. They are typically not fatal, but they can cause serious injuries to victims, who may need significant medical attention for some time.
According to the Chicago City Department of Transportation, over 220 pedestrian accidents in Chicago in 2019 resulted in at least one serious injury.
The department has made the streets safer by installing more crosswalks and reducing the speed limit in some areas. While this is a start, more things can be done to preserve pedestrian safety while still making the streets as easy to use as possible.
Lighting is perhaps an essential tool for preventing accidents and crime on city streets. It is because drivers at night can easily see pedestrians.
Businesses, homeowners, and the city should all make sure their properties and the streets are well lit to make it safe for people to get around at all hours.
Traffic Accident Statistics
According to the National Highway Traffic Safety Administration (NHTSA), in 2019, there were 5,591,000 collisions with property damage and 41,621 collisions involving injuries. In addition, thousands died in car accidents that year. As the population increases, the numbers will rise.
Many factors can lead to car accidents, including driver age, drug and alcohol use, weather, road conditions, and fatigue. However, at least one common denominator in most pedestrian accidents is alcohol.
A report by the Century Council states that a third of all traffic fatalities involved drivers with a blood alcohol concentration (BAC) level above .08. Of those killed in a 2018 accident, 41 percent tested positive for alcohol.
Medical bills and property damage costs for pedestrian accidents in the United States totaled $871 billion, or 2.37% of GDP, in 2019 and are expected to more than double by 2040.
In 2019, 10,839 people were killed in collisions in the US, where one driver in the crash had a BAC of .08 or more.
Negligent drivers cause millions of car accidents every year on the road. But unfortunately, these negligent motorists are hard to spot, meaning they are a serious road hazard.
At Rosenfeld Injury Lawyers LLC, our pedestrian accident attorneys understand that crashes involving pedestrians are alarmingly common throughout America. Call our law firm today at (888) 424-5757 for legal advice.
Recovering Compensation in a Child Pedestrian Accident
Pedestrian mishaps can cause many injuries, including broken bones, head trauma, brain injuries, and paralysis. Paralysis may result in the need for lifelong care.
If the injured person can no longer work, they may need to recover compensation for lost wages and earning capacity. It may also be possible to get damages for future medical bills and pain and suffering.
Medical expenses for injuries sustained in accidents can include hospital care, doctor's bills, and physical therapy.
Lost wages can be compensated if it is determined that the victim will not make as much money as they would have in the future if not for the accident. An injured person may also recover damages in an accident case for future medical care that might be needed because of injuries sustained in the crash.
Paying for life care is likely to require compensation after an injury, such as paralysis. A jury may be asked to determine damages for an injured person's pain and suffering, both past, and future. Lifecare plans are often used to estimate the cost of future medical care.
Legal Steps After a Pedestrian Accident
A child accident victim's family members or legal guardians can contact an attorney to help recover damages in a personal injury claim. It may be the best option after suffering serious injuries in a child pedestrian accident.
An attorney can explain the legal process and help determine if it would be beneficial to file a personal injury claim for compensation.
An attorney can help a family recover compensation for medical bills, lost wages and pain and suffering, as well as future medical costs. In addition, an attorney may help determine if insurance policies could be used to recover compensation.
To recover damages for injuries they sustain in an accident, most people must prove that the other party was negligent.
The right to seek compensation in a personal injury claim is one of the most common benefits to come after an accident. For example, a pedestrian accident victim can seek compensation from the negligent driver's insurance company.
Our law firm can offer you a free consultation to review your case. We are committed to ensuring that you receive the maximum amount of compensation for your personal injury claim.
Younger Children Traffic Safety
A school bus road safety study in Illinois has shown that many school buses are not equipped with front-mounted cameras. The study was conducted in 2016 by the School Bus Safety Research and Training Center at the University of Illinois.
The study was conducted to determine if safety measures for school buses should be mandated. The final conclusion from the study was that front-mounted cameras are the safest method of monitoring students exiting the bus.
Contact information for parents and guardians in child pedestrian accidents would allow emergency workers to treat children safely and ensure the injured child's parents or guardians can be contacted.
Some researchers have proposed a solution of encoding information on an NFC (Near Field Communication) tag that can be read using a smartphone.
Contact information in pedestrian accidents facilitates access to emergency services. Consequently, this information should be easily accessible at the event scene to prevent or reduce injuries in an accident.
Pedestrian safety is a concern that impacts the lives of people every hour. Unfortunately, the number of people injured in traffic accidents is staggering, and it can be difficult to imagine the recovery process.
Crossing the street is one of the most common things young children do. When crossing the road, it is essential to look out for traffic coming from all directions; however, many young children do not look both ways before crossing the street, even where traffic is coming from multiple directions.
Suppose you want to avoid pedestrian accidents, it is crucial to be aware of the "Look" and "Don't Look" times for child pedestrians. That time is when a pedestrian begins to cross the street and when a pedestrian is in mid-crossing.
Avoiding pedestrian accidents is a collective responsibility. A child's injuries can prompt a safety campaign. For example, a recent traffic accident injuring a child has prompted the government and the police to launch a new road safety campaign.
Traffic signals usually help motorists to cross intersections while obeying traffic laws safely. However, even with a signal present, two vehicles may fail to yield the right of way to each other equally.
If you are an inexperienced driver, you must become familiar with the road rules to avoid pedestrian accidents.
School zones are often dangerous for children, but changes to several school zone signs could make them less so.
School zones surround schools with lower speed limits than the rest of the road due to large volumes of foot traffic, mainly consisting of children. As a result, pedestrian accidents in these areas can be very dangerous, resulting in injuries and fatalities when speeding is involved.
Children injured in a pedestrian accident must receive the immediate medical attention they need at the accident scene and follow-up care and ongoing rehab when needed.
Pedestrian Accident Injuries
A personal injury is defined as bodily injury, illness, or death. Various circumstances can cause an injury. Motor vehicle accidents are one of the most significant causes of fatal and non-fatal injuries in the United States.
An injury in an accident can significantly impact the person who has been injured.
Child pedestrian accidents account for 15% of all child fatalities in the United States. Even when children are not directly struck by vehicles, they are vulnerable to injury or death when hit by a car while getting into or out of cars.
Permanent Damage or Disability
A catastrophic injury is so severe that it causes permanent damage or disability. This type of injury is common when the victim is involved in a car accident, suffering a traumatic brain injury, a fracture, or a concussion.
Child pedestrian accidents occur, resulting in severe injuries or pedestrian deaths every day. Although children are often considered their safest while playing in the home, many accidents occur on the street outside of the house.
Your child's injuries from an accident can be more severe than you think. Therefore, it is crucial to understand what you can do to ensure the maximum recovery possible.
After an accident, proper medical attention is essential. For example, if the victim was knocked unconscious and revived with a concussion, they must seek medical care to heal properly.
Spinal cord injuries resulting from pedestrian accidents can be due to the driver's inattention, speed, and the physical attributes of pedestrians.
The anguish of the family members due to an injury is difficult to understand for the one involved in an accident. However, you mustn't ignore your victim and leave the accident scene. It can cause a more serious injury or aggravate the consequences.
A Permanent Injury Can Be Caused by An Accident That Happened Only Once
To avoid injuries on the road, drivers should be aware of the consequences of a possible accident.
You should seek medical attention immediately if you are in an accident. Even if you think the injuries aren't serious, it's essential to be examined by a doctor.
Only a competent medical provider with the best diagnostic tools can accurately determine the extent of your harm, the severity of your injuries, and the treatment necessary for healing.
Motorists' alertness is critical in avoiding pedestrian accidents. On the other hand, pedestrians must know the law to avoid pedestrian accidents.
A person injured in a pedestrian accident due to someone else's negligence does not automatically have the right to sue and be compensated for their injuries. Legal rights in a pedestrian accident vary depending on the circumstances of how the incident occurred.
Our pedestrian accident attorneys understand how frightening a traffic accident can be.
Not only do you have to worry about your safety, but that of your passengers and bystanders. It is why all drivers must follow the rules of the road and drive defensively to avoid an accident from happening in the first place.
Government Agencies Observations and Enforcement
According to the Centers for Disease Control and Prevention (CDC) traffic accidents are the number one cause of death for teens in America. In 2010, 4,672 teenagers were killed, and 421,000 were injured on highways.
Your road use as a motorist constitutes acceptance of the law's pedestrian safety rules, which are strictly regulated.
The high cost of medical expenses from pedestrian accidents in Illinois is staggering.
According to a new study from the University of Illinois at Chicago, medical expenses connected with traffic accidents totaled more than $22 billion in 2017.
The new road sign introduced in 2011 reminds motorists of this fact. The main change seen in the sign is adding a car and a pedestrian to highlight that both road users have equal rights.
If the driver is at fault for an accident, their driver's license could be suspended. However, suspending someone's driver's license is a costly mistake when the responsible party can longer drive to work to earn a living.
Stricter Traffic Rules
Pedestrian fatalities in Illinois and across the United States continue to decline due to stricter legislation and safety precautions.
Although traffic fatalities have declined in Illinois over the last two decades, the state's fatality rate remains an alarmingly high mark compared to many of its neighboring states.
More strict laws govern using a cell phone while driving a vehicle and using a handheld bicycle. About 90% of accidents that result in pedestrian deaths involve cell phones either physically or as the cause of distraction.
It is upon all road users to ensure that they follow the road rules to avoid pedestrian accidents.
A personal injury attorney will take care of the legalities of the case, but there are some things that you can do to help your child get better after an injury.
Holding the Responsible Pedestrian Accidents Parties Accountable
A victim involved in a pedestrian accident can file a defective roadway claim against the local government administering the road. However, it is unclear whether this same rule applies to federal roadways, such as interstate highways, in an Illinois pedestrian mishap.
In a child pedestrian accident case, a reasonably prudent person exercises the care and diligence that a person of ordinary prudence would exercise in such circumstances.
Holding a negligent driver to account for a pedestrian crash can be difficult. The negligent driver's car insurance company may not offer a fair settlement, and the victim may have to litigate in court.
A pedestrian accident lawyer will gather as much information as possible after an accident and conduct a thorough investigation. If you want to find out the likely outcome of your child's pedestrian accident claim, you can get in touch with a personal injury lawyer to discuss your legal options and rights.
You are entitled to speak with an experienced child pedestrian accident lawyer at no charge to learn more about the details.
Getting Legal Assistance to Resolve a Pedestrian Accident Case
With personal injury lawyers by your side, you can receive compensation for your child's injuries. Pedestrian accidents are dangerous, and the resulting injuries aren't just limited to the people in the accident.
Family and friends of the victims often suffer as well, and this is why it's essential to reach out to a personal injury lawyer.
The personal injury lawyers in our law offices have worked on numerous cases like yours. We care about helping families get the money they need to recover from their injuries, and we want you to know that you have a team of child injury lawyers behind you as well.
Insurance Companies Handling Pedestrian Accidents Claims
The insurance coverage in pedestrian accidents is under the liability policy. Liability insurance exists to protect against third-party claims made upon an insured's bodily injury, general damages, and property damages.
If you need to recover compensation for an injured child, a parent or guardian of a traffic accident victim must be able to prove that the driver was negligent in some way.
The law under which insurance companies will typically pay for injuries to pedestrians in a car accident is Section 7-74 of the Illinois Compiled Statutes.
To be entitled to compensation from an insurance company, a pedestrian must prove that a negligent driver hit them. Furthermore, the driver must have violated one or more traffic laws.
Finding Ways to Deny Claims
Since insurance companies are profit-driven entities whose goal is to minimize payouts while maximizing profits, they might be inclined to find ways of denying claims by pedestrian crash victims.
Therefore, many pedestrians will hire private personal injury attorneys specializing in injury cases to get the maximum compensation for serious injuries.
While insurance companies usually pay for pedestrian accidents, this is not always the case. For example, if a person has low or no insurance limits, it might be difficult to get compensated.
Insurance companies offer low ball settlements to pedestrian victims who are children. It is because accidents involving children usually result in little or no physical injury and very few medical expenses, unlike accidents involving adults.
However, accidents involving children are not just about physical injury. They are also about the emotional damage done to the victims and their families.
Parents Miss Work Caring for an Injured Child
The financial loss of a child's injury is also great, as parents miss work to care for the injured child and siblings lose their primary source of income.
Often, the injured child may miss school or be left with developmental delays that need special attention.
One family was offered $2,500 for their child who suffered a brain injury, even though this family had been billed for over $25,000. Another family accepted a $1,900 settlement after their child had severe brain damage. These cases represent what could happen without competent legal representation.
Fortunately, you don't have to worry about upfront legal fees when you consult a personal injury lawyer, as our personal injury lawyers work on a contingency fee basis.
What you need to know is that your child's age and the extent of your child's injuries might not be taken into consideration by insurance companies when they offer you a settlement.
If your child is very young and their injuries appear to be minor, then the insurance company will use that information to offer you a smaller settlement.
You can then take the matter into your own hands and contact an experienced personal injury attorney, who will investigate the accident further and advise you on how to proceed to ensure you receive what the case is worth.
Hiring a Child Pedestrian Lawyer
Are you a parent or legal guardian of a child who has been injured in an accident?
We know how difficult it is to deal with the aftermath of an accident and all the legal issues that come along with it. That's why we offer free consultations and work on contingency fees, so you don't have to pay upfront for our services.
You don't need to worry about hiring pedestrian accident lawyers because our team is here to take care of everything for you.
We handle all the paperwork so that you can focus on what matters most – helping your child recover from their serious injuries as quickly as possible. So don't wait another day!
Call us today at (888) 424-5757 to schedule a free consultation!
Your information is kept private through an attorney-client or confidential relationship with us, and we will not share it without your express consent.
We promise to defend your claim against a negligent motorist for free under our contingency fee agreement. It means you will not be charged any legal fees unless we recover damages for you.