Determining fault in a pedestrian accident can be difficult without concrete evidence of what happened. The driver is going to blame the pedestrian and vice versa. Who is correct and who is mistaken? The location of the pedestrian accident and traffic conditions could determine the answer.

Pedestrian accidents happen the most in urban settings, especially along stretches of road like avenues or thoroughfares. According to the National Highway Traffic Safety Administration (NHTSA), only about one-in-four pedestrian accidents happen at intersections, which is contrary to what most people assume.

At all times, a driver has to yield the right-of-way to a pedestrian when it is safe and will prevent an accident. For this reason, drivers are often assumed to be liable for a pedestrian accident. However, there are clear exceptions to this driving rule, and pedestrians can be mostly or partially liable for a collision if their negligence caused it and the driver had little time to react.

Jaywalking is a generic term for crossing an occupied street without using a crosswalk. In Illinois, pedestrians can be cited for jaywalking if it causes a hazard. It can also increase a pedestrian’s liability in an accident if they were jaywalking at the time.

Pedestrians should yield the right-of-way to moving traffic when there is no:

• Crosswalk
• Walking path
• Pedestrian overpass

If a pedestrian walks suddenly into traffic, then it is likely that they will be found at fault for an accident. But if a pedestrian stands by the side of the road, gauges oncoming traffic, and steps into the road when they believe it to be safe, then the questions of fault and liability will be much more complicated.

Motorists need to pay sharp attention to the road to avoid jaywalkers, especially when they are already in the road. If you cross the road without the right-of-way and a car hits you, but that car should have noticed you and had time to come to a complete stop, then the driver is likely still liable.

The compensation made available to you as an injured pedestrian will vary depending on the severity of your injuries and their consequences. The worse you are injured, the more medical attention you will need and the more time off work you will require to rest. Both of these factors combine can rapidly increase the overall damages caused by a pedestrian accident.

With the help of our Chicago pedestrian accident lawyers, you can demand that the motorist and their insurance company pay for your medical bills and lost wages. You can also demand more abstract damages – called noneconomic or general damages – related to the pain, suffering, and hardship you have endured due to the accident.

Broken Bones

One of the most common injuries suffered in pedestrian accidents is broken bones. Pedestrians are often thrown to the ground, which can cause them to suffer broken arms, legs, ribs, and even facial bones. In addition to pain and discomfort, a broken bone can also lead to long-term complications such as infection, joint stiffness, and decreased mobility.

Head Injuries

Head injuries can range from minor cuts and bruises on the scalp to more severe traumatic brain injuries (TBI). TBIs can be caused by a direct blow to the head or by whiplash from a sudden jolt of the head during an accident. Symptoms of TBIs include confusion, headaches, dizziness, nausea, memory loss, difficulty concentrating, and changes in mood or behavior.

Spinal Cord Injuries

Spinal cord injuries occur when there is damage to the spinal cord that results in loss of sensation or movement below the site of the injury. Symptoms of a spinal cord injury may include numbness or tingling sensations throughout the body, difficulty breathing or speaking clearly, paralysis below the site of injury, and loss of bladder or bowel control.

Soft Tissue Injuries

Soft tissue injuries involve damage to muscles, ligaments, tendons or other soft tissues around joints such as shoulders and knees that result from either blunt force trauma or stretching beyond normal limits during an accident. Common soft tissue injuries seen after pedestrian accidents include sprains and strains as well as contusions (bruises).

Psychological Trauma

Psychological trauma is another type of injury that is frequently experienced following a pedestrian accident due to its emotional impact on victims’ lives. Symptoms may include depression, anxiety, flashbacks, nightmares, fear, irritability, anger, insomnia, changes in behavior patterns, difficulty concentrating, memory problems, and more.

We are proud to be one of Chicago’s leading law firms for workers’ compensation claims filed by workers in all industries and professions, including welding. If you were performing welding work when a spark burned or blinded you – or any other sort of accident left you seriously injured – then we want to know about it.

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