Pedestrians walking close to traffic do not have any protection except for a traffic light and a crosswalk. If hit by a vehicle, they face serious injuries and possibly death.
Pedestrians who have been hit in a crosswalk or other legal crossing should immediately contact an Aurora pedestrian accident lawyer and arrange a free, no-obligation consultation to recover damages. A compassionate and qualified accident lawyer can help their client to pursue the appropriate damages.
Common Pedestrian Accident Causes
Illinois law provides that motorists yield the right of way to pedestrians in crosswalks at intersections and in mid-block. Even if a pedestrian is crossing without the benefit of a crosswalk, drivers have a legal duty not to hit them.
Pedestrians in many circumstances are hit by inattentive or distracted motorists and also, aggressive drivers. Many pedestrians are hit by drivers who are turning left at intersections, but other causes that may warrant the attention of an Aurora pedestrian accident lawyer include speeding, rolling through stop signs, running red lights, driving intoxicated, and poor visibility.
To be safe, Illinois State Police recommend pedestrians make eye contact with motorists to ensure they are seen when crossing.
Motorists’ Duty to Pedestrians
Motorists have a legal duty toward pedestrians under Illinois’ modified comparative negligence law. Comparative negligence holds that fault can divide between two or more parties and damages should proportionately reduce by the percentage of fault each party bears.
The modified aspect provides that the party who is more than 50 percent at fault cannot claim damages at all, called the 51 percent rule. Damages for a party assessed at less than 50 percent of fault reduced by the proportionate amount of fault.
Elements of Negligence
A pedestrian accident claim in Aurora for negligence comprises of five elements, and each of them must prove damages. The elements that an Aurora pedestrian accident attorney must prove are:
- Duty of care: A prudent, reasonable person has a legal commitment not to bring harm to another or to cause property damage
- Breach: An act, or failure to act, that violates the duty of care
- Cause in fact: The injury or damage would not have occurred but for an act or omission to act by the defendant
- Proximate cause: This is the legal cause and requires that the plaintiff’s injuries were a foreseeable result of the defendant’s negligence
- Lastly, Damages: Actual injury or financial loss must have occurred
A defendant can successfully defeat a claim if they prove that their actions met the duty of care under the circumstances; or that they had no duty of care to the plaintiff honored; or also that a duty of care did not exist. Other defenses may be available depending upon the circumstances of the event.
Working With an Aurora Pedestrian Accident Lawyer
An Aurora pedestrian accident lawyer will aggressively build their client’s case by conducting an independent and thorough investigation into the accident.
This includes sending a letter to the other insurance company and handling all communication regarding your injuries; collecting all of the medical records and bills associated with the treatment of your injuries; examining the police report; contacting any witnesses; identifying possible defendants and putting them on notice of the claim; and also, answering your questions making you comfortable with the claims process; and negotiating a settlement to get you all the money you deserve.
Civil cases commonly settle before a formal lawsuit filed with the court. The pedestrian accident lawyer will firmly negotiate with the insurance carrier to achieve a fair and also satisfactory settlement. Contact a pedestrian accident attorney in Aurora right away.
Our office hours range from 8:00 a.m. to 5:00 p.m. Monday through Friday and we answer our phones at 708-222-2222 24/7. If you prefer, we have an online form you can use or you can utilize our LiveChat service as well. We look forward to hearing from you.