Pedestrian Accident Lawyerin Chicago

Given pedestrians' vulnerability to vehicle impacts, pedestrian accidents often result in serious injuries. An experienced pedestrian accident attorney in Chicago can help you navigate the legal complexities, advocate for fair compensation, and address medical expenses, lost wages, and pain and suffering. With professional legal support, you can focus on your recovery while your lawyer works to secure the justice and compensation you deserve.

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Injured as a Pedestrian? Trust Meyers & Flowers for Expert Legal Representation.

At Meyers & Flowers Trial Attorneys, we recognize the distinct challenges pedestrians encounter and are dedicated to advocating for your rights. Our experienced team will perform a comprehensive investigation, collect vital evidence, and engage with insurance companies on your behalf to help you secure the highest possible compensation for your injuries, medical costs, and lost income. Rely on Meyers & Flowers for the expert legal assistance you need to concentrate on your recovery. Reach out to us today to arrange your consultation.

Chicago Pedestrian Accident Statistics

In recent years, Chicago has reported an average of around 2,500 pedestrian accidents annually, reflecting a significant number of incidents involving pedestrians.
According to the Chicago Department of Transportation (CDOT), there were approximately 3,000 pedestrian injuries in 2020. Of these, about 20% were serious injuries.
Pedestrian fatalities in Chicago have been a growing concern, with around 50 to 60 pedestrian deaths occurring each year, based on recent data.
Data indicates that both young children and older adults are particularly vulnerable to pedestrian accidents. Children are at risk while walking to and from school, and older adults often face challenges due to decreased mobility and slower reaction times.

What Are the Most Common Causes of Pedestrian Accidents in Chicago?

Driver Inattention and Distraction

Drivers using smartphones, GPS devices, or other distractions may fail to notice pedestrians crossing the street or walking near roadways. Distractions can lead to failure to yield or stop for pedestrians at crosswalks.

Failure to Yield

Drivers who do not yield the right of way to pedestrians at crosswalks or intersections significantly cause accidents. This often occurs when drivers are unaware of or disregard pedestrian traffic rules.

Reckless and Aggressive Driving

Speeding, tailgating, and weaving through traffic can increase the likelihood of pedestrian accidents. Aggressive drivers may not have enough time to react to pedestrians in their path, leading to collisions.

Impaired Driving

Driving under the influence of alcohol or drugs impairs a driver’s ability to operate their vehicle safely. Impairment reduces reaction times and increases the risk of not seeing pedestrians or making unsafe driving decisions.

Running Red Lights and Stop Signs

Drivers who run red lights or fail to stop at stop signs can collide with pedestrians lawfully crossing the street. These violations are hazardous at busy intersections.

Poor Road Conditions

Potholes, cracked pavement, and other road hazards can cause drivers to lose control or become distracted. Additionally, poorly marked crosswalks or inadequate pedestrian signals can contribute to accidents.

Lack of Pedestrian Infrastructure

Inadequate pedestrian facilities, such as poorly maintained or absent crosswalks, pedestrian signals, and sidewalks, can increase the risk of accidents. Drivers may not anticipate pedestrian traffic in areas lacking proper infrastructure.

Weather Conditions

Adverse weather conditions like rain, fog, or snow can reduce visibility and road traction. Both drivers and pedestrians must exercise extra caution in poor weather to avoid accidents.

Pedestrian Behavior

Sometimes, pedestrians contribute to accidents by jaywalking, failing to use crosswalks, or not paying attention while crossing streets. Such behavior can put them at greater risk of being hit by a vehicle.

What Laws Cover Pedestrian Accidents?

Pedestrian accidents in Chicago are governed by local, state, and federal laws designed to protect pedestrians and establish liability for accidents. Here’s an overview of the critical legal frameworks involved:

Illinois Vehicle Code

Pedestrian Right of Way: Under the Illinois Vehicle Code, drivers must yield the right of way to pedestrians at crosswalks and intersections. Drivers must exercise caution and stop for pedestrians crossing at marked or unmarked crosswalks.
Failure to Yield: If a driver fails to yield to a pedestrian, they may be found at fault for the accident, subject to traffic citations and potential civil liability for damages.

Chicago Municipal Code

Pedestrian Safety Regulations: The Chicago Municipal Code includes specific regulations to improve pedestrian safety. These regulations cover the maintenance of sidewalks, crosswalks, and traffic signals and may consist of ordinances on pedestrian zones and traffic enforcement.
Crosswalks and Signals: Chicago has laws requiring drivers to stop for pedestrians in crosswalks and adhere to traffic signals designed to protect pedestrians. Failure to comply with these regulations can lead to citations and penalties.

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Other Laws

Negligence: Under common law principles, drivers and other parties may be liable for pedestrian accidents if found to be negligent. Negligence involves failing to exercise reasonable care, leading to harm. For example, a driver who speeds through a red light and hits a pedestrian may be deemed negligent.
Shared Liability: Illinois follows a comparative fault system, meaning that if a pedestrian is partially at fault for the accident, their compensation may be reduced by their percentage of fault. For instance, if a pedestrian was jaywalking but a driver was also speeding, both parties may share responsibility for the accident.
ADA Compliance: The Americans with Disabilities Act (ADA) requires public spaces, including sidewalks and pedestrian crossings, to be accessible to individuals with disabilities. This federal law influences the design and maintenance of pedestrian infrastructure to ensure safety and accessibility.
Insurance Coverage: Drivers are required to carry liability insurance to cover damages resulting from accidents, including those involving pedestrians. Pedestrians injured in accidents may file claims with the driver’s insurance company to seek compensation for their injuries and losses.

Filing Timeline for Pedestrian Accident Claims

Immediate Aftermath

Seek Medical Attention: Obtain medical care immediately, even if injuries seem minor. Documenting your injuries is crucial for your claim.
Collect Evidence: Gather evidence from the accident scene, including photos, witness contact information, and the police report. Document your medical treatment and expenses.

Initial Consultation with an Attorney

Consult with a Lawyer: Contact a personal injury attorney, such as Meyers & Flowers Trial Attorneys, to discuss your case. An attorney will evaluate your claim, provide legal advice, and outline the steps needed.
Retain Legal Representation: If you decide to proceed, your attorney will begin working on your case, including investigating the accident, collecting additional evidence, and consulting with experts if necessary.

Claim Preparation and Filing

Demand Letter: Your attorney will typically send a demand letter to the at-fault party’s insurance company detailing your injuries, damages, and the compensation you are seeking.
Insurance Negotiations: Negotiate with the insurance company. This phase may involve back-and-forth discussions to reach a fair settlement.

Filing a Lawsuit

Filing the Complaint: If a satisfactory settlement cannot be reached, your attorney may file a formal complaint in court to initiate a lawsuit. This document outlines your claims and the relief you seek.
Discovery Phase: Both parties will engage in discovery, exchanging evidence, conducting depositions, and preparing for trial. This phase can take several months.

Pre-Trial Activities

Mediation or Arbitration: Before going to trial, parties may mediate or arbitrate the case outside of court.
Settlement Discussions: Settlement discussions may continue, with the possibility of reaching an agreement before the trial begins.

Trial

Court Proceedings: If no settlement is reached, the case will be trialed. Both sides will present their evidence and arguments, and a judge or jury will render a verdict.
Judgment and Appeals: After the trial, a judgment will be issued. If either party is dissatisfied, they may file an appeal, extending the timeline further.

Post-Trial

Collection of Damages: If you win the case or reach a settlement, your attorney will help you collect the awarded compensation.
Appeals Process: If the case is appealed, the timeline will be extended until the appeals court renders a decision.

Statute of Limitations for Pedestrian Accident Claims in Illinois

Filing Deadlines

Personal Injury Claims: For most personal injury claims, including those arising from pedestrian accidents, the statute of limitations is two years from the date of the accident. This means you have two years from the date of the injury to file a lawsuit against the responsible party.
Property Damage Claims: If your pedestrian accident case involves property damage, such as damage to personal property or a bicycle, you typically have five years from the date of the accident to file a claim.
Claims Against Government Entities: If the accident involves a government vehicle or entity (such as a city-owned bus), you must file a notice of claim within one year of the accident. The actual lawsuit must be filed within two years of the accident, but the notice requirement is crucial.

Exceptions and Special Circumstances

Minor Plaintiffs: If the injured pedestrian is a minor (under 18 years old), the statute of limitations is extended. The two-year period generally begins when the minor turns 18, giving them until their 20th birthday to file a lawsuit.
Discovery Rule: In some cases, if the injury is not immediately discovered, the statute of limitations may start from the date the injury was discovered or reasonably should have been discovered. This is less common but applicable in certain situations.
Tolling the Statute: There may be circumstances where the statute of limitations can be "tolled" or paused, such as if the defendant is out of the state or if the injured party is incapacitated. However, these are specific and less frequent scenarios.

What Compensation Can I Get for Pedestrian Accidents in Chicago?

Medical Expenses

Compensation for medical expenses includes the costs of:

Emergency treatment
Hospital stays
Surgeries
Prescription medications
Ongoing rehabilitation or therapy
Future medical needs related to the accident

Lost Wages

If your injuries prevent you from working, you may be entitled to compensation for lost wages and salary. This includes past lost earnings and projected future income if your ability to work is permanently impaired.

Pain and Suffering

Pain and suffering compensation addresses the physical pain, emotional anguish, and overall impact of the injury on your quality of life. This form of compensation is subjective and varies based on the severity of the injuries and the implications for daily living.

Property Damage

If personal property was damaged in the accident, such as a bicycle or personal belongings, you can seek compensation for repair or replacement costs.

Loss of Consortium

If the accident affects your relationship with a spouse or family members, you might be able to claim loss of consortium. This type of compensation is intended to address the impact of the injury on personal relationships and companionship.

Punitive Damages

In cases where the at-fault party's conduct is particularly egregious or reckless, punitive damages may be awarded. These damages are meant to punish the wrongdoer and deter similar behavior in the future beyond the compensatory damages for losses and injuries.

Loss of Enjoyment of Life

If your injuries significantly affect your ability to enjoy life’s activities and hobbies, you might be entitled to compensation for the loss of enjoyment of life.

Wrongful Death

If the pedestrian accident results in death, the surviving family members may pursue wrongful death claims. Compensation can include funeral expenses, loss of financial support, and loss of companionship.

Meyers & Flowers is Here to Help Chicago Pedestrian Accident Victims

Choosing Meyers & Flowers as your pedestrian accident lawyer in Chicago means partnering with a team deeply committed to fighting for your rights and securing the compensation you deserve. Our experienced attorneys bring a proven track record of successfully handling complex pedestrian accident cases, combining extensive legal knowledge with a compassionate approach to client care. We understand the physical, emotional, and financial challenges you face after an accident, and we work tirelessly to ensure that every aspect of your case is handled with the utmost diligence and expertise.

At Meyers & Flowers, we take pride in our client-focused approach, providing personalized attention and tailored legal strategies designed to achieve the best possible outcome for your case. Our team conducts thorough investigations, negotiates aggressively with insurance companies, and is prepared to take your case to court if necessary. With our dedication and skill, you can trust that your case is in capable hands. Contact us today to schedule a consultation and take the first step toward obtaining the justice and compensation you deserve.

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