As a large and busy city, pedestrians are everywhere, but so are many motor vehicles. When a pedestrian is struck by a motor vehicle or is harmed by other hazards on sidewalks and roadways, the injuries can be incredibly severe. If you were harmed while walking on the street, you could be entitled to money damages through a personal injury lawsuit.
A Chicago pedestrian accident lawyer is prepared to consult on your case and provide a personalized assessment. Let a skilled personal injury attorney help you move forward and seek compensation after an accident.
Establishing Negligence in Pedestrian Accident Cases
Pedestrian accidents typically fall within the legal purview of personal injury law. This means the plaintiff and their attorney must prove that the defendant’s negligence was the cause of the accident. Without this proof, the injured party may be unable to recover compensation for damages. To establish the defendant’s negligence, a Chicago attorney must show the person violated a legal duty of care they owed to the pedestrian, and that the violation was the cause of the accident and the plaintiff’s injuries.
Proving negligence also requires a thorough and detailed analysis of the case facts. Investigating witnesses, police reports, medical records, and any other evidence is a critical part of a successful claim. Fortunately, due to the number of cameras posted around city streets and businesses, many accidents are caught on camera. Such evidence can be invaluable in demonstrating how the defendant’s negligence caused the accident.
Injuries in Pedestrian Injury Lawsuits
Pedestrians are vulnerable to sustaining severe injuries, as they are unprotected by safety equipment. Those involved in an accident may sustain injuries such as:
- Skin damage and lacerations
- Broken or fractured bones
- Traumatic brain injuries and paralysis
- Cognitive deficiencies
These potential injuries and others can greatly reduce an individual’s quality of life or rob them of their life altogether. However, a Chicago attorney can help the injured party seek the compensation they need to begin to heal after their pedestrian accident.
Wrongful Death Claims in Pedestrian Accidents
Pedestrians are uniquely vulnerable to motor vehicle collisions and other hazards, such as construction site hazards, sidewalk holes, and more. When a person is killed as a result of any of these accidents or their injuries, their loved ones may have a chance to come forward with a wrongful death action.
This type of lawsuit allows the decedent’s personal representative to file a claim. A personal representative commonly includes:
- The decedent’s spouse
- The decedent’s adult child
- A deceased minor’s parent
- A personal representative of the plaintiff’s estate
Whoever is named by the plaintiff’s estate as the personal representative is the proper party to lead the case. If no personal representative is named, a court will appoint a personal representative in many cases.
Damages in these cases are set forth by 740 Illinois Compiled Statutes 180/2. A knowledgeable local attorney can navigate the limitations and complexities of city and state law in an individual’s case.
Let a Chicago Pedestrian Accident Attorney Help You
Pedestrian accidents can be uniquely harmful to you and your family. You may even have suffered the loss of a family member due to a negligent driver or other parties. Fortunately, you may be entitled to money damages through a personal injury lawsuit for the harm that was done to you.
To pursue any potential compensation, contact an experienced Chicago pedestrian accident lawyer today.