Demonstrating Driver Negligence in Illinois Pedestrian Injury Claims

 Posted on July 28,2021 in Personal Injury

When you picture the typical car accident, you may envision a collision between two vehicles. However, there are also many accidents in which a motor vehicle collides with a pedestrian. In Illinois, there were nearly 5,000 pedestrian accidents in 2019, and almost all of them resulted in injury or death.

Unfortunately, pedestrians are relatively defenseless, and their lives can be changed forever when they are struck by a car. However, pedestrians do have the right to use the road and to pursue compensation from negligent drivers who cause their injuries. An attorney can help you demonstrate negligence if you or a loved one has been injured.

Negligence in Pedestrian Accidents

According to the National Highway Traffic Safety Administration (NHTSA), serious pedestrian accidents tend to occur more frequently in urban areas and at night. However, these environmental conditions do not absolve a driver of negligence when their actions contribute to a crash.

Many pedestrian accidents occur because a driver is not following traffic laws. For example, a driver may have exceeded the speed limit, making it more difficult to come to a stop and avoid pedestrians. This can be especially dangerous in a congested area, or in a school or work zone. In other cases, a driver may fail to yield the right of way to a pedestrian at an intersection or crosswalk.

Pedestrian accidents may also occur because a driver’s attention or abilities are impaired. Drunk driving is a factor in many pedestrian injuries and fatalities, especially those that occur late at night. Distracted driving is also a problem, as it may prevent a driver from seeing a pedestrian or taking full notice of their surroundings.

Evidence of Negligence

If you are injured in a pedestrian accident, a personal injury lawyer can help you pursue a claim for compensation, in part by collecting evidence that points to the driver’s negligence. One useful source is testimony from eyewitnesses to the accident, who can speak to the circumstances that led to it. When an accident occurs at a busy intersection or near a place of business, there may also be video camera footage that your attorney can help you access. Law enforcement can also provide helpful evidence in the form of police reports and chemical test results that may corroborate your claim that a driver was speeding, distracted, or under the influence.

Contact a Rockford, IL Pedestrian Accident Lawyer

At Mannarino & Brasfield, A Division of Schwartz Injury Law, we can help you obtain and preserve the evidence you need to hold a negligent driver accountable. We can also help you understand the damages you may be entitled to recover and represent you in a settlement or trial. For a free consultation with a Winnebago County personal injury attorney, call us today at 815-215-7561.

Sources:

https://idot.illinois.gov/Assets/uploads/files/Transportation-System/Resources/Safety/Crash-Reports/crash-facts/2019%20Crash%20Facts.pdf

https://www.nhtsa.gov/road-safety/pedestrian-safety

https://www.cdc.gov/transportationsafety/pedestrian_safety/index.html