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Pedestrian accidents can lead to serious, long-term harm. Sadly, the most severe pedestrian accidents can even lead to death. If you or a loved one has been hurt in a pedestrian accident, it is important to speak to a pedestrian accident lawyer who knows how to handle these cases. Tony S. Kalogerakos, Esq. and our Injury Lawyers team are dedicated to providing personalized and detail-oriented representation to each and every one of our clients. We will thoroughly review the circumstances of your case and help you fight for the compensation that you deserve for your harm.

Taking Legal Action After a Pedestrian Accident

The National Highway Traffic Safety Administration (NHTSA) defines a pedestrian as any individual on foot, walking, running, jogging, hiking, sitting, or lying down who is involved in a motor vehicle accident. Data from the NHTSA reveal that there were 5,987 pedestrian deaths (and countless more injuries) across the United States in 2016, a 9 percent increase from the prior year. The data also show that pedestrian deaths in 2016 were the highest that they have been since 1990.

Pedestrian accidents can lead to serious injuries that often result in life-long disabilities. Some common examples of pedestrian accident injuries include:

• Knee, elbow, and shoulder injuries;
• Broken ribs;
• Traumatic brain injury;
• Paralysis;
• Cuts and lacerations; or
• Organ damage.

Drivers have a duty of care while operating their vehicles that extends not only to other cars on the road but also to pedestrians. Illinois law permits pedestrians to take legal action against parties who negligently caused their harm. Negligence occurs when a person causes injuries by failing to exercise reasonable care. In some cases, negligence also takes place when a person fails to act when there is a duty to do so, such as when a driver fails to stop at a crosswalk for a pedestrian. A pedestrian accident attorney can demonstrate negligence if they can establish that the plaintiff was owed a duty of care by the defendant, the defendant breached the duty of care owed to the plaintiff, and the defendant’s breach was a direct cause of the pedestrian accident and the plaintiff’s resulting harm.

It is important to note that Illinois follows a modified comparative negligence principle, under which a victim’s total award will be reduced by their percentage of fault, if they were at all at fault. The only exception to this rule is if you were more than 50 percent at fault, in which case you will be barred from recovering any damages. To avoid this harsh result, you should retain a pedestrian accident attorney who can make sure that your rights are protected.

Through a pedestrian accident claim, you may be able to recover a variety of economic and non-economic damages. Economic damages are intended to compensate the injured party and put them back in the position in which they would have been had the accident not occurred. Examples of economic damages include medical costs, rehabilitation expenses, property damage, and lost income. Non-economic damages, on the other hand, are designed to compensate a plaintiff for intangible losses, such as pain and suffering and emotional distress. Depending on the nature and extent of your harm, you may be entitled to receive many of these types of damages in your pedestrian accident case.

Hire an Experienced Pedestrian Accident Lawyer in Illinois or Beyond

Pedestrians are extremely vulnerable when compared to drivers of cars or trucks who strike them. As a result, pedestrians suffer a vastly disproportionate degree of harm in accidents. If you or someone close to you has sustained harm in a pedestrian accident that was not your fault, you need to get a skilled personal injury lawyer on your side.

To discuss your case in more detail with a train accident attorney at no charge, contact Tony S. Kalogerakos, Esq.-Injury Lawyers to schedule a free consultation and a case evaluation today.