Severely Injured as a Pedestrian or Bicyclist: Can I Sue?

 Posted on November 26, 2024 in Burns

Walking and cycling can be enjoyable, whether for exercise or simply to get where you are going. However, both pedestrians and cyclists are incredibly vulnerable when involved in car accidents. Even low-speed impact can cause catastrophic or fatal injuries. Victims can experience excruciating pain and find their lives altered permanently. Their families also face multiple challenges. If your pedestrian or bicycle accident resulted from someone else’s negligence, you may qualify for compensation.

What are the long-term effects of bicycle or pedestrian accident injuries? Do you need a lawyer to get compensation? One of our experienced Rockford, IL attorneys from Mannarino & Brasfield, A Division of Schwartz Jambois, can answer your questions during a free consultation, so call now.

The Dynamics of Pedestrian Accidents

When a motor vehicle collides with a pedestrian, there are three distinct impacts that are each capable of creating injuries and exacerbating previously existing conditions. Variables like vehicle and pedestrian height determine where the initial impact hits the person, but on average a pedestrian is hit around the hips and upper leg. The force of that impact typically throws the pedestrian onto the car’s hood and windshield, which can often cause head and facial injuries. Finally, the pedestrian will probably be thrown to the ground. Bicycle accidents produce similar impacts.

Children and the elderly are at a higher risk in pedestrian accidents, but these alarming statistics show that no one is safe.

At the following impact speeds, the chance of severe injury is:

• 16 mph: 10 percent

• 23 mph: 25 percent

• 31 mph: 50 percent

• 39 mph: 75 percent

• 46 mph: 90 percent

At the following impact speeds, the chance of death is:

• 23 mph: 10 percent

• 32 mph: 25 percent

• 42 mph: 50 percent

• 50 mph: 75 percent

• 58 mph: 90 percent

Risk factors vary by pedestrian or cyclist age and overall health condition.

Catastrophic Injuries in Pedestrian and Bicycle Accidents

Unlike motorists, bicyclists and pedestrians lack significant protection against impact during a collision. Catastrophic injuries typically have long-lasting effects and can significantly harm the victim’s quality of life. Families of these victims can also face several losses, both financially and emotionally.

Amputations

Sometimes, an accident causes amputations. In other cases, injuries are so severe that doctors have to amputate damaged limbs. Along with significant pain, victims must learn to live with a new disability. Their ability to work and earn an income may be affected, and they might suffer from long-term health issues.

Burns

First-, second-, and third-degree burns have increasingly more severe effects on victims. Along with a heightened risk of infection, permanent nerve damage, painful scarring that limits mobility, and emotional and mental trauma are common.

Loss of Hearing or Vision

Vision and hearing loss can significantly impact a victim’s livelihood, leisure, and sense of well-being. With vision loss in particular, victims may need help accomplishing everyday tasks.

Severe Fractures

Broken or shattered bones have several potential effects, including infections, organ damage caused by sharp bone edges, nerve damage, joint issues, and severe bleeding. There is also a risk of pulmonary embolism. Compound fractures that break the skin may have further complications. Any of these can lead to long-lasting health problems.

Spinal Cord Injuries

Spinal cord injuries can lead to partial or total paralysis. Victims with these new disabilities are forced to learn new ways of accomplishing tasks and are often profoundly impacted mentally and emotionally.

Traumatic Brain Injuries

Traumatic brain injuries can alter personalities, cause cognitive dysfunction, create communication challenges, and leave victims unable to control their bodies. Extensive rehabilitation and long-term care may be required.

Bicycle and Pedestrian Accident Personal Injury and Wrongful Death Claims

In Illinois, injured victims can collect compensation from at-fault parties if they are less than 50 percent responsible for their accidents. These cases are based on negligence, which means that someone failed to exhibit the care a reasonable person would use in the same situation to avoid harming others. Most motor vehicle accidents result from some kind of negligent driver error, such as:

• Distracted driving or inattention

• Following too closely

• Driving under the influence of drugs or alcohol

• Drowsy driving

• Speeding or driving too fast for conditions

• Running stop lights or signs

• Ignoring traffic laws

If these or other negligent behaviors caused your bicycle or pedestrian accident, you likely have grounds to file a compensation claim. Families who lost loved ones may qualify to receive damages through a wrongful death action.

Damages in personal injury and wrongful death claims can refer to specific losses caused by the accident and the monies you could receive as reimbursement or compensation. Every victim’s damages are unique, but yours could include:

• Current and future lost income

• Property damage

• Current and future medical and ongoing care costs

• Home and vehicle modification costs if your accident left you disabled

• Inconvenience

• PTSD, depression, and anxiety

• Pain and suffering

• Loss of the enjoyment of life

Damages in wrongful death claims may include additional compensation, such as reimbursement for funeral and burial expenses.

Why You Need an Experienced Personal Injury Attorney

Although you may qualify for compensation, that does not mean it will be simple to collect a reasonable amount. In fact, liable insurance companies routinely use various tactics to undermine claims. You need to know how much yours is worth to ensure you do not accept a low settlement offer. After acceptance, you cannot return later to ask for more.

When you partner with Mannarino & Brasfield, A Division of Schwartz Jambois, we will always advocate for your best interests and:

• Investigate your accident

• Ensure that fault and liability are assigned accurately

• Meticulously calculate your available damages

• Negotiate to reach an acceptable settlement offer

• File a civil lawsuit and try your case in court if necessary

We are aggressive. We refuse to be intimidated or let insurers take advantage of you. We know how to win complex cases with high damages, as our case results prove.

Call for Your Free Consultation With Our Highly Effective Rockford, IL Pedestrian Accident Lawyers

If you want the best possible case results for your pedestrian or bicycle accident claim, you need the right lawyer to represent you. Mannarino & Brasfield, A Division of Schwartz Jambois, has the experience, legal knowledge, skills, and determination you need to collect the highest available amount of compensation. Call us at 815-215-7561 to discuss your situation with one of our dedicated Winnebago County, IL personal injury attorneys.