Pedestrian Accident Lawyer Springfield, IL
Pursuing Compensation After a Pedestrian Accident
Pedestrians enjoy the same rights to the road as vehicles and often have the right of way when walking across a parking lot, crossing a guided intersection, or using a crosswalk. Drivers should even yield to a jaywalking pedestrian, even if they are breaking traffic laws, to prevent the injury of another person. However, distracted drivers can pose a significant danger to those afoot. Even going at slow speeds, a driver can seriously injure a pedestrian. When the driver is going faster, there’s a good chance that the pedestrian will be obviously injured or even killed.
If you’ve been hurt in a pedestrian accident, the advice of our Springfield, IL, pedestrian accident lawyer can be invaluable in the weeks afterward. We want to help you recover fair compensation for your losses. With decades of combined experience. Our legal team represents injured victims just like you, advocating for your legal rights and demanding that you be fairly compensated for your loss. Contact Pioletti Pioletti & Nichols today for a free consultation.
Table of Contents
- Pursuing Compensation After a Pedestrian Accident
- Determining Fault in Pedestrian Accidents
- Legal Steps to Take After a Pedestrian Accident
- Springfield Pedestrian Accident Infographic
- Springfield Pedestrian Accident Statistics
- Springfield Pedestrian Accident FAQs
- Pioletti Pioletti & Nichols, Springfield Pedestrian Accident Lawyer
- Contact Our Springfield Pedestrian Accident Lawyer Today
How Our Pedestrian Accident Lawyer Can Help You
Pedestrian accident lawyers are personal injury attorneys who help people who were struck by a car or otherwise injured while walking. If you were riding a scooter or roller skating, you might also be considered a pedestrian for all legal and compensatory purposes. Your medical bills may be very high, and you could require intensive care, surgery, or lengthy physical therapy to recover from being hit. We want to make sure that the at-fault party pays for the damages they caused you, from medical bills to your pain and suffering.
As your pedestrian accident attorney, we gather evidence that shows the driver who struck you was negligent, such as reviewing traffic cam footage of the incident, interviewing witnesses, and analyzing information from the vehicle’s Event Data Recorder (the “black box” in many newer vehicles). Then, we construct your case, file the necessary legal motions, and demand fair compensation for your losses.
Getting Fair Compensation In A Pedestrian Accident Claim
When you work with a skilled lawyer, you may be able to secure a higher settlement than you could on your own. We have decades of combined experience properly valuing personal injury claims, which includes anticipating your future needs. If you’re out of work for several months because your injuries are too severe, then your settlement should cover all your earned wages from the time you missed work.
We also assign a proper value for your pain, suffering, and emotional trauma. You may develop anxiety or depression or be left in chronic pain. You deserve fair compensation for this, too.
Determining Fault in Pedestrian Accidents
Pedestrian-related accidents can be incredibly severe, often resulting in serious injuries and losses for the victim, some of which can be fatal. When such an accident occurs, determining who is at fault becomes crucial, not only for insurance purposes but also for the victims seeking compensation. As your Springfield, IL pedestrian accident lawyer, we offer over 60 years of combined experience, and we understand the importance of identifying the responsible party to make certain that justice is served and that your legal rights are protected.
Factors Influencing Fault in Pedestrian Accidents
When determining fault in a pedestrian accident, various factors come into play. One of the most important aspects is the duty of care. Both drivers and pedestrians have specific responsibilities on the road. Drivers are expected to obey traffic laws, such as stopping at crosswalks and yielding to pedestrians, while pedestrians must adhere to traffic signals and use designated crossing areas.
Violation of these duties often leads to accidents, and the party who breached their responsibility is typically found at fault. However, it’s not always straightforward. In some cases, both the driver and the pedestrian may share some level of responsibility, which can complicate the process of determining fault.
The Role of Evidence in Fault Determination
In any pedestrian accident case, evidence is paramount. Gathering and analyzing evidence helps establish the facts and assign fault. Common types of evidence include eyewitness testimony, traffic camera footage, and accident reconstruction reports. These pieces of evidence provide a clearer picture of what occurred, helping to identify any negligence that contributed to the accident.
It’s also important to consider the environment where the accident took place. Factors such as poor road conditions, inadequate lighting, or obstructed signs can play a part in the incident and may shift some liability away from the individuals involved.
Legal Considerations in Pedestrian Accidents
Determining fault in a pedestrian accident also involves legal considerations. The laws in Illinois are designed to protect pedestrians, but they also impose certain obligations on them. For instance, while drivers must yield the right of way to pedestrians, pedestrians are also required to avoid stepping into the path of an oncoming vehicle when it is not safe to do so.
In some cases, the concept of comparative negligence may come into play. This means that both parties could be found partially responsible for the accident. If a pedestrian was crossing the street outside of a crosswalk and a driver was speeding, both could be deemed negligent. The degree of fault assigned to each party will directly impact the compensation that the injured pedestrian can receive.
Steps to Take After a Pedestrian Accident
After a pedestrian accident, taking the right steps is fundamental for protecting your legal rights. First and foremost, seeking immediate medical attention is necessary, even if injuries seem minor at the time. Prompt medical evaluation not only provides proper care but also creates documentation that may be integral in a legal claim.
It’s also important to gather as much information as possible at the scene, such as the driver’s contact details, vehicle information, and any witness statements. These details will be invaluable later when building a case.
Lastly, consulting with an accident lawyer is a pivotal step. Legal guidance helps face the nuances of fault determination and makes sure that the injured party’s rights are upheld throughout the legal process.
Understanding Fault
Determining fault in a pedestrian accident requires a thorough examination of all factors, including the actions of both the driver and the pedestrian, the environment, and applicable laws. Understanding these elements is fundamental to building a strong case and pursuing the compensation deserved.
If you or a loved one has been involved in a pedestrian accident, don’t hesitate to seek legal assistance. Our team is here to help you every step of the way. Contact us today for a complimentary consultation to discuss your case with our Springfield pedestrian accident lawyers at Pioletti Pioletti & Nichols. Your road to recovery starts with a strong legal foundation.
Our Pedestrian Accident Lawyer Answers Your Questions
Legal Steps to Take After a Pedestrian Accident
It can be traumatic and overwhelming to fall victim to a pedestrian accident which can leave individuals unsure of what to do next. It’s important to take the proper steps immediately after the incident to protect your rights and start the process of seeking compensation for any injuries or damages. These steps can help guide you through the legal process, confirming that you have a solid foundation for your case. A pedestrian accident lawyer may assist you at every stage of this process.
- Seek Medical Attention Immediately
Your health should be your top priority. After an accident, you may not immediately notice some injuries due to adrenaline or shock. Regardless of how you feel, it’s important to seek medical care as soon as possible. A thorough medical evaluation not only verifies your well-being but also creates documentation of your injuries, which can be integral to your legal claim later on.
- Report the Accident to Law Enforcement
Once you’ve received medical attention, make sure to report the accident to the police. The responding officer will create an official report documenting the accident. This police report will often include details that are helpful for your case, such as the location of the accident, witness statements, and whether any traffic violations occurred. This document can be a key piece of evidence when pursuing compensation.
- Collect Evidence at the Scene
If you are physically able, gathering evidence at the accident scene can be incredibly beneficial. Take photos or videos of the accident location, including traffic signals, crosswalks, vehicle damage, and any visible injuries. Get the contact information of the driver involved, as well as any witnesses who saw what happened. Our Springfield pedestrian accident lawyer will share that having this evidence can support your claim and provide critical details that may otherwise be lost over time.
- Avoid Discussing the Accident With the Other Party’s Insurance
You may be contacted by the other party’s insurance company after a pedestrian accident. It’s important to be cautious when speaking to them. Anything you say can be used against you during your claim. Avoid giving statements or signing any documents until you’ve consulted with a legal professional. Insurance companies may try to settle quickly, but this often results in lower compensation than what you deserve.
- Document Your Medical Treatment And Expenses
Keep detailed records of all medical treatments, diagnoses, prescriptions, and any physical therapy or rehabilitation you undergo. Additionally, track any other accident-related expenses, such as lost wages from time off work or travel costs for medical appointments. This documentation will help demonstrate the financial impact of the accident and can be used to seek reimbursement as part of your claim.
- Contact a Lawyer for Legal Guidance
One of the most important steps you can take is to consult with a pedestrian accident lawyer. Legal professionals can evaluate your case, explain your options, and guide you through the legal process. Having an attorney on your side can make a significant difference in the outcome of your claim, as they can handle negotiations with insurance companies and represent your interests if your case goes to court.
Springfield Pedestrian Accident Infographic
Springfield Pedestrian Accident Statistics
Pedestrian accidents remain a significant concern in road safety, with thousands of fatalities and injuries occurring annually. These accidents typically involve pedestrians being struck by motor vehicles, resulting in severe consequences due to pedestrians’ vulnerability compared to other road users. According to data from the National Highway Traffic Safety Administration (NHTSA) and other safety organizations, pedestrian accidents are a major cause of death and injury, particularly in urban areas.
Prevalence of Pedestrian Accidents: The NHTSA reports that approximately 6,000 pedestrians are killed each year in traffic accidents. This accounts for about 15% of all traffic-related fatalities in the United States. Additionally, pedestrian injuries are even more common, with over 100,000 pedestrians injured annually.
Risk Factors: Certain risk factors contribute to the likelihood of pedestrian accidents. Alcohol impairment is a major factor, with studies showing that about 30% of pedestrian fatalities involve alcohol impairment (either by the pedestrian or the driver). Nighttime accidents are also more common, with about 40% of pedestrian fatalities occurring after dark.
Urban Areas vs. Rural Areas: Due to the higher concentration of pedestrians and vehicles, pedestrian accidents are more likely to occur in urban areas. Approximately 70% of pedestrian accidents occur in cities, compared to 30% in rural areas.
Age Group: Certain age groups are at higher risk of pedestrian accidents. Older adults (aged 65 and above) represent about 20% of pedestrian fatalities, despite making up only 15% of the population. Children, especially those under 15, are also at increased risk.
Springfield Pedestrian Accident FAQs
It can be a confusing and overwhelming time in the wake of a pedestrian accident. Knowing how to protect our rights and understand the legal options available is paramount. Many of us wonder what steps to take after an accident and how to approach the legal side of things effectively. Consulting our accident lawyer may provide clarity on our specific situation and what compensation may be available.
What Should I Do Immediately After a Pedestrian Accident?
After an accident, safety is the top priority. We should make sure we’re out of harm’s way, and if possible, check if anyone else involved needs immediate help. Calling emergency services is necessary, as medical and police reports are valuable later. Documentation at the scene can be very useful, including taking photos of any injuries, property damage, and the overall environment. If there are witnesses nearby, gathering their contact details could help us in the long run. Seeking medical attention as soon as possible is also wise, even if injuries seem minor at first.
How Do I Prove Who Was at Fault in a Pedestrian Accident?
Proving fault in a pedestrian accident involves showing how the other party was responsible. Typically, this relies on evidence like witness accounts, police reports, and sometimes traffic camera footage. It’s helpful to understand traffic laws related to pedestrian rights and driver responsibilities to build a strong case. Witnesses can strengthen a claim, as can evidence of any traffic violations that may have contributed to the accident. This approach clarifies who should be held accountable and provides the necessary groundwork if we decide to pursue legal action.
What Kind of Evidence Is Needed to Support a Pedestrian Accident Claim?
Evidence plays a fundamental function in any pedestrian accident claim. Police reports, medical records, photos from the scene, and witness statements are all valuable. Medical records are essential for showing the impact of injuries and any long-term effects. Photos of the accident scene can demonstrate the conditions that contributed to the incident. Witness statements offer impartial perspectives, which can support our side of the story. To help secure fair compensation, these elements build a solid foundation for the claim.
Who Can Be Held Liable in a Pedestrian Accident Case?
Our accident attorney will disseminate if liability in a pedestrian accident can extend beyond the driver involved. While drivers are often held responsible, other parties, such as employers (if a commercial vehicle is involved) or even government entities (if poor road design plays a role), may also bear some responsibility. In certain cases, a driver’s insurance company may also be involved in covering damages. Identifying everyone who could be liable is crucial in determining the full range of compensation we may be entitled to.
How Long Do I Have to File a Lawsuit After a Pedestrian Accident?
The timeframe to file a lawsuit, known as the statute of limitations, varies by state. In many cases, there’s a two-year limit from the date of the accident, though certain circumstances can change this timeline. Consulting with a lawyer soon after the incident can clarify the timeline and help us avoid missing important deadlines. Acting promptly is often in our best interest to preserve evidence and secure a timely investigation.
Bloomington Pedestrian Accident Glossary
Our Bloomington, IL pedestrian accident lawyer provides legal representation for individuals who have been injured in pedestrian-related incidents. Understanding key legal terms is crucial when dealing with personal injury claims. Below are important legal terms commonly encountered in pedestrian accident cases.
Crosswalk Laws
Crosswalk laws regulate pedestrian and driver behavior at intersections and designated crossing areas. In Illinois, drivers must yield to pedestrians in marked crosswalks. However, pedestrians are also required to follow traffic signals and should not suddenly enter the path of an oncoming vehicle. Violations of crosswalk laws can impact fault determination in a legal case.
Right Of Way
Right of way refers to the legal priority one party has over another in a specific traffic situation. In many pedestrian accident cases, pedestrians have the right of way in marked crosswalks and at intersections with pedestrian signals. However, pedestrians must also follow traffic rules, and failure to do so can affect their ability to recover compensation after an accident.
Traffic Signal Violation
A traffic signal violation occurs when a driver or pedestrian disregards traffic control devices, such as stoplights or pedestrian signals. If a driver runs a red light and strikes a pedestrian in a crosswalk, the violation can serve as strong evidence of negligence. Similarly, if a pedestrian crosses against a signal and is injured, it may impact their ability to seek full compensation.
Uninsured Motorist Coverage
Uninsured motorist coverage is a type of auto insurance that provides financial protection when an at-fault driver lacks insurance. In pedestrian accidents, if the driver responsible for the crash does not have insurance or flees the scene (hit-and-run), the injured pedestrian may file a claim under their own uninsured motorist policy. This coverage can help pay for medical expenses and lost wages.
No-Fault Insurance
No-fault insurance is a policy that allows injured individuals to recover compensation from their own insurance provider, regardless of who was responsible for the accident. Illinois follows a fault-based system, meaning the injured pedestrian must typically seek compensation from the at-fault party’s insurance. However, no-fault policies may apply if the pedestrian has coverage under personal injury protection (PIP).
Hit-and-Run Accident
A hit-and-run accident occurs when a driver involved in a collision leaves the scene without stopping to provide their information or offer assistance. Pedestrian hit-and-run accidents can be particularly dangerous, as victims may be left without immediate medical help. Legal claims for hit-and-run victims often involve uninsured motorist coverage or legal action to identify and hold the driver accountable.
Roadway Defects
Roadway defects refer to hazardous conditions that contribute to accidents, such as poorly maintained sidewalks, lack of crosswalks, malfunctioning traffic signals, or inadequate street lighting. If a pedestrian accident is caused by a defective road condition, a government entity or property owner may bear some liability for failing to maintain safe walking areas.
Pedestrian Right-of-Way Violation
A pedestrian right-of-way violation occurs when a driver fails to yield to a pedestrian who legally has the right to cross a roadway. Illinois law requires drivers to stop for pedestrians in crosswalks, and failure to do so can lead to legal consequences, including traffic citations and civil liability in personal injury cases.
Pioletti Pioletti & Nichols, Springfield Pedestrian Accident Lawyer
1 W Old State Capitol Plaza Ste 721, Springfield, IL 62701
Contact Our Springfield Pedestrian Accident Lawyer Today
Having the right legal support can make all the difference when taking legal action after a pedestrian accident. Established in 1938, our Springfield pedestrian accident lawyer has helped their clients determine the best steps to take, maximizing their chances for a positive outcome. To discuss our situation further, reach out to our team at Pioletti Pioletti & Nichols, where we’re here to guide and support you through every step of the way and offer 24/7 live answering services.
