Lacking the protection of an automobile or motorcycle gear, pedestrians often suffer the worst injuries of any accident victims. Aside from the physical harm itself, a pedestrian victim is likely to lose significant time from work and experience serious pain and suffering. Fortunately, the victim has the right to seek monetary damages from the at-fault party.
If you’ve been struck by a vehicle, you can expect pushback from the defendant’s lawyer and insurance company. They may even attempt to blame you for causing your own accident. With the right legal counsel representing you, you can make your case for the compensation you deserve. Turn to the dedicated team at Albers Injury Law.
Pedestrian Accident Statistics
Pedestrian accidents remain a serious safety issue throughout the country. According to the National Highway Traffic Safety Administration, 6,205 non-passengers were killed in car accidents in 2019 while another 76,000 were injured. Data from the Illinois Crash Facts and Statistics shows that there were 175 pedestrian fatalities and 3,138 injuries in the state in 2020.
What Are the Pedestrian Laws in Granite City, IL?
Like many states, Illinois has attempted to reduce accidents by imposing regulations on both pedestrians and motorists. The law requires the following:
- Drivers of all vehicles (e.g. cars, trucks, and motorcycles) to act with reasonable care by obeying traffic laws, signs, and signals
- Pedestrians to follow the guidance of available traffic signs and signals
- In the absence of traffic signals, vehicles yield to a pedestrian who is already halfway across the street
- Pedestrians to avoid leaving the curb in a sudden manner such that a driver would not be able to see them in time to stop
- Pedestrians not to cut between adjacent intersections where traffic signals are present, except at a crosswalk
- If there is no crosswalk, vehicles to have the right of way if a pedestrian is not at an intersection
- Pedestrians to wait for vehicles to pass if they are crossing a street where a pedestrian tunnel has been provided
Who Can I Hold Accountable for My Pedestrian Accident Injuries in Granite City, IL?
Every pedestrian accident case is different in terms of who may be held liable. Scenarios of liability include the following:
- The driver, if he or she acted or failed to act in a way that amounts to negligence
- The manufacturer of a vehicle, in the case of defective parts that caused the accident (e.g. brakes)
- A governmental entity for failing to properly maintain safety at an intersection or on a public roadway
Sometimes multiple parties can be held liable, potentially increasing the victim’s compensation. Your Illinois pedestrian accident lawyer will investigate the facts in your case and determine who was at fault.
What If I Am Partially to Blame for My Pedestrian Accident Injuries in Granite City, IL?
The above laws suggest that there are cases in which a pedestrian can violate one of the statutes and, thereby, be partially at fault for their own accident. Known as modified comparative negligence, this shared liability could reduce the amount of damages the victim can recover.
How Does Modified Comparative Negligence Work?
If a jury determines the pedestrian victim shared some degree of liability for an accident, his or her damages award will be reduced by the percentage of blame that is calculated.
For example, the victim’s total damages may have been $100,000. But if the jury believes the victim to be 30% at fault, the award will be reduced by 30%, or $30,000, resulting in awarded damages of $70,000.
Additionally, if the victim is more than 50% at fault, he or she won’t recover anything. This rule gives the defendant’s attorney and insurance company a strong incentive to blame the victim for the accident. For this reason, it is vital that you retain an experienced Granite City pedestrian accident attorney.
Understanding Crosswalk Safety
Crosswalks are of particular concern because they are specifically built for pedestrians and yet require vigilance on the part of the person crossing the street. Pedestrians generally have the right of way at the crosswalk, but this is not absolute. You could be at fault if you either cross in violation of the crosswalk signal or you are close to but not inside the crosswalk at the time of the accident.
You will need persuasive evidence to convince a jury of your side of the story. Evidence may include:
- Eyewitness testimony
- Dashcam footage from other drivers
- Surveillance camera footage
- The police accident report
- Your own recollection of the crash
- Accidents Outside of Crosswalks
Not all accidents occur in or near carefully marked crosswalks. In more rural areas, these street markings are less common, so pedestrians cross the street without them. There are typically fewer witnesses and surveillance cameras in these types of accidents, which means it may be the victim’s word against the driver’s (and sometimes against the word of the passengers in the vehicle).
Retaining an Illinois pedestrian accident lawyer is the best way to recover compensation. There may be gaps or inconsistencies in the driver’s story, for example, that reveal the truth. A medical expert witness may review the nature of the victim’s injuries and determine that it points to the driver’s negligence.
What Will a Pedestrian Accident Lawyer in Granite City, IL Do for Me?
Hiring a skilled Granite City pedestrian accident lawyer will not only help make your case for damages but also refute any claim by the defendant that you were to blame for the crash. Your attorney will:
- Conduct a thorough investigation to uncover evidence and identify the at-fault parties
- Work with expert witnesses to establish the at-fault party’s liability and substantiate your damages claim
- Determine the value of your accident claim by considering not only past damages but reasonable estimates of future ones (e.g. lost earning capacity)
- Represent you during mediation and negotiations with the defendant’s lawyer and insurance company to try to reach a fair settlement
- Challenge any attempt to assign blame for the accident to you
- If necessary, take your case to court and demand the compensation you deserve
How Much Compensation Should I Expect to Receive?
The nature and amount of compensation will vary from one case to another and will depend on such factors as the severity of the victim’s injuries. Generally, a victim can ask for damages to cover:
- Medical bills, including hospitalization, surgery, prescription medications, and ongoing treatments
- Lost wages for time spent away from work to recover
- Lost future wages (lost earning capacity) if the victim is unable to return to the same job as before
- Pain and suffering
- Mental distress
- Personal property damage
Speak With a Granite City Pedestrian Accident Law Firm About Your Accident Today
Don’t delay seeking legal counsel after your pedestrian accident. The law only allows a victim two years to file a lawsuit; after this, you won’t be able to recover anything. Act sooner than this to ensure evidence isn’t lost and to present the strongest legal arguments. Contact our Granite City pedestrian accident attorneys at Albers Injury Law to schedule your consultation today.