Pedestrian accidents can happen in the blink of an eye. If you were injured in one, an Aurora personal injury lawyer can help you seek damages.
A pedestrian accident can result in prohibitive medical bills and unexpected time off work. A pedestrian accident lawyer in Aurora from Charlie Therman Injury & Accident Lawyers, P.C., can guide you through the claims process, determine who is responsible, and help pursue the compensation you deserve.
What Causes Pedestrian Accidents?
Pedestrian accidents occur when a vehicle collides with someone walking, jogging, or standing on a sidewalk or crosswalk. Factors that commonly contribute to pedestrian accidents include:
- Driver distraction: Using a phone or other electronic device while driving increases the risk of hitting a pedestrian.
- Speeding: Drivers traveling over the speed limit have less time to react to someone crossing the street.
- Poor visibility: Darkness, heavy rain, or fog can make it difficult for drivers to see pedestrians.
- Failure to yield: Drivers often ignore crosswalks or traffic signals, putting pedestrians at serious risk.
- Alcohol or drug use: Impaired drivers are a leading cause of pedestrian accidents.
Common Injuries in Pedestrian Accidents
Pedestrian accidents often result in serious injuries, including:
- Broken bones
- Head injuries (including concussions)
- Spinal cord injuries
- Internal injuries
- Cuts and lacerations
- Bruises and contusions
- Sprains and strains
- Soft tissue injuries
- Whiplash
- Psychological trauma (such as anxiety or PTSD)
Pedestrian Accident Laws in Aurora
In Aurora, specific pedestrian laws aim to protect people on foot. Those laws dictate that:
- Pedestrians generally have the right of way in crosswalks.
- Drivers must stop for pedestrians at intersections and designated crosswalks.
- Jaywalking is legal only if it does not endanger yourself or others, but it may reduce compensation if you are hit while crossing illegally.
- Pedestrians must exercise reasonable care, such as looking both ways before crossing a street.
A pedestrian accident attorney in Aurora can help determine whether the driver who hit you violated traffic laws or failed to exercise reasonable care.
Who Is Liable for a Pedestrian Accident?
Liability in pedestrian accidents often extends beyond the driver. Potential liable parties include:
- The driver: If they were speeding, distracted, or impaired, they can be held responsible.
- Vehicle owners: If someone who didn’t own the vehicle was driving negligently, the owner may share liability.
- Municipalities: Poorly maintained streets, broken traffic signals, or inadequate crosswalks can make a government entity partially liable.
- Businesses or property owners: If an accident occurs near private property due to hazards like unshoveled sidewalks, the owner may be liable.
Steps to Take After a Pedestrian Accident
After a pedestrian accident, it’s important to take these steps:
- Report the accident: Notify local law enforcement to create an official record.
- Document the scene: Take photos of the vehicles, the accident scene, and any visible injuries.
- Collect witness information: Statements from bystanders can strengthen your case.
- Seek medical attention: Even if your injuries seem minor, some may worsen over time.
- Consult a lawyer: Get in touch with a pedestrian accident attorney to discuss your legal options.
Dealing With Insurance Companies
Insurance companies often try to minimize payouts to pedestrian accident victims. When dealing with them, you should:
- Stick to the facts: Only share necessary details about the accident and your injuries. Don’t speculate about the accident or discuss fault.
- Avoid quick settlements: Initial offers are often lower than the actual value of your claim.
- Document all communication: Keep records of all phone calls, emails, and other types of correspondence with insurers.
- Consult a lawyer: Let your attorney handle communications with insurance adjusters so you don’t say something that compromises your claim.
Statute of Limitations in Aurora
In Illinois, personal injury claims generally must be filed within two years of the accident. If you miss this deadline, you will likely forfeit your right to sue, which is why it’s important to consult a lawyer as soon as you can.
Calculating Compensation for Pedestrian Accidents
Compensation in pedestrian accident cases can cover several types of damages, including:
- Medical expenses: You can recover compensation for hospital bills, surgeries, therapy, and any future medical care you may need.
- Lost income: You can recover wages that were lost due to your injuries and any reduction in your ability to earn in the future.
- Pain and suffering: You may be compensated for the physical and emotional distress caused by the accident.
- Property damage: You can be reimbursed for damage to personal belongings, such as phones, glasses, or clothing, that were damaged in the accident.
- Punitive damages: In cases of extreme negligence or recklessness, additional damages may be awarded to punish the responsible party.
An experienced Aurora pedestrian accident lawyer can help ensure your claim reflects the full impact of your losses.
Get Help from a Pedestrian Accident Attorney in Aurora
After a pedestrian accident, the prospect of navigating the claims process can be overwhelming. An Aurora pedestrian accident attorney from Therman Law can take on your case and fight for a fair settlement so you can focus on healing.
Schedule a free consultation to begin the legal process today.
