Crosswalk Car Accidents
Drivers who harm pedestrians or other motorists in a crosswalk collision can be held accountable for causing injuries and damages. At Therman Law Offices, our experienced Wheaton and Schaumburg car accident attorneys bring over 35 years of combined legal experience to our representation of injured individuals. We understand the emotional impact of a car crash, and work to provide efficient and effective advocacy in helping clients pursue the compensation they deserve.Asserting Your Legal Rights Following a Crosswalk Car Accident
Generally, Illinois provides that pedestrians have the right of way, but there are exceptions to this rule. If a traffic signal is in place at a crosswalk, a pedestrian must use the crosswalk. In other words, pedestrians cannot dart out into the middle of the street and assert that they had the right of way. Pedestrians also have the legal obligation to not run into the path of a moving vehicle in a way that may create an immediate hazard.
If you were injured by a careless or negligent driver while in a crosswalk, there may be legal remedies available to you. By pursuing a personal injury claim against a driver that recklessly caused a crash, you may be entitled to recover all costs associated with the accident, including amounts for medical bills, emotional pain and suffering, and wages from work you have missed due to your injuries. Often, legal claims for compensation assert that the at-fault driver was negligent, meaning that they failed to demonstrate reasonable care while driving. The elements of a negligence claim are duty, breach, causation, and damages, and a knowledgeable injury lawyer can evaluate whether you may be able to succeed on a claim of this nature based on the facts of your case.
All drivers are required to exercise reasonable care and follow traffic laws. A plaintiff can demonstrate that the at-fault driver breached their duty of care by behaving unreasonably. For example, a driver may have attempted to veer around a stopped vehicle, striking the victim as they crossed the street within a crosswalk. Here, the driver violated a specific Illinois traffic law prohibiting passing other vehicles stopped at a crosswalk. While evidence of a traffic violation can help support a finding of negligence, a driver’s negligence can also be exhibited by other unreasonable conduct.
As the next element of a negligence claim, the injured party must show that the at-fault driver's conduct directly caused their harm. In the above example, if the driver had not attempted to go around the stopped vehicle, the pedestrian would not have been hit and injured. This is most likely sufficient to meet the causation element.Damages in Crosswalk Car Accident Lawsuits
The final element of a negligence claim is asserting damages. These damages can include the costs of medical care for injury-related harm, such as hospital expenses and bills for physical therapy undertaken after surgery. Unfortunately, crosswalk car accidents tend to cause severe injuries, as pedestrians in particular are vulnerable when struck by a motor vehicle. Victims can suffer traumatic brain injuries, spinal cord injuries, and serious bone fractures. Even minor pedestrian accidents can lead to high medical bills. In addition to medical costs, accident victims are entitled to pursue compensation for income they have lost due to time away from work arising from the accident. Damages for emotional pain and suffering may also be secured, as well as compensation for disfigurement and scarring. In the case of a fatality from a crosswalk car accident, a wrongful death claim may be appropriate.Schaumburg and Wheaton Attorneys Fighting for the Rights of Car Accident Victims
If you or someone close to you was injured in a crosswalk by a motorist, seeking legal advice can help you to understand your next steps in asserting your right to compensation for your injuries. The dedicated lawyers at Therman Law Offices represent people throughout Wheaton and Schaumburg in personal injury claims for justice and monetary compensation. We are available to assist people in communities including Addision, Oakbrook, Lemont, Terrace,Westmont, Clarendon Hills, Downers Grove, Lisle, Bolingbrook, and Darien. Our office provides a complimentary consultation, and we can be reached at 312-588-1900 or via our online form.