Crosswalk accidents tend to result in serious injuries because they typically involve a vehicle hitting a pedestrian. It goes without saying that pedestrians are highly vulnerable and often have no way to protect themselves if a fast-moving vehicle is approaching. If you or someone you love was injured in a crosswalk accident, you should seek the help of a skilled pedestrian accident attorney without delay. At Therman Law Offices, our Wheaton and Schaumburg crosswalk accident lawyers are committed to holding negligent drivers accountable for the harm that they cause. We have extensive experience helping pedestrians recover the compensation that they deserve for their harm.Taking Legal Action After a Crosswalk Accident
The mere existence of a crosswalk does not mean that pedestrians will be safe on the road. Even pedestrians who diligently use crosswalks are often injured or killed by negligent drivers who failed to pay proper attention or acted recklessly. Over half of all pedestrian accidents, according to the NHTSA, happen on roads that have proper crosswalks. Under Illinois law, pedestrians usually have the right-of-way at these locations. The vehicle code also states the following:
- When traffic controls are not working or not in place, drivers are required to yield to pedestrians when they are in a crosswalk on their side or lane of the roadway or approaching it.
- A driver may not pass another automobile that is stopped for a pedestrian in a crosswalk.
- Whenever there are stop signs, flashing red lights, or clearly marked crosswalks, drivers should yield the right-of-way to pedestrians crossing.
A driver who injures or kills a pedestrian on a crosswalk because they failed to keep a proper lookout may be accountable for the pedestrian’s injuries under the doctrine of negligence. Negligence is a failure to exercise reasonable care in your actions, resulting in harm to someone else. Reasonable care is defined as how a reasonably prudent person would act in the same situation. A crosswalk accident attorney can explain to Schaumburg and Wheaton residents how these concepts apply to their case. In order for a plaintiff to succeed on a negligence claim, they usually must prove that the defendant owed the pedestrian a duty of care to drive carefully, the defendant breached the duty of care owed to the pedestrian, and the defendant’s carelessness was a direct and proximate cause of the crosswalk accident and the pedestrian’s resulting injuries.
Pedestrian accidents tend to result in serious injuries, due to the lack of structural protection between the vehicle and them. As a result, pedestrians often sustain injuries such as brain damage, spinal cord injuries, fractures, broken ribs, and the loss of limbs. A pedestrian accident victim may be able to recover a variety of damages, generally including medical expenses, lost wages, pain and suffering, rehabilitation, disability, and any other losses stemming from the accident.
In situations in which a crosswalk accident resulted in the death of a loved one, you may be able to file a wrongful death claim under the Illinois Wrongful Death Act. Wrongful death claims are civil lawsuits that seek monetary damages and are filed on behalf of a deceased individual. Some of these monetary damages include financial and emotional support, as well as expenses related to the costs of the victim’s funeral.Contact a Crosswalk Accident Lawyer in Wheaton or Schaumburg
If you or someone you love has been injured or killed in a crosswalk accident, we can help. At Therman Law Offices, our motor vehicle collision attorneys understand how to navigate these types of claims. You can rest assured that we are committed to securing favorable outcomes for pedestrians injured by negligent drivers. Our Wheaton and Schaumburg crosswalk accident attorneys also represent people in Hoffman Estates, Streamwood, Elgin, Bartlett, Hanover Park, Bensenville, Wood Dale, Bloomingdale, Roselle, and Carol Stream, among other cities. For more information about your legal rights and options, call us at 312-588-1900 or contact us online.