Residents who enjoy running, walking their dog, or just strolling the local streets have probably had a close call with a motor vehicle. Unfortunately, many drivers do not respect the rights of pedestrians on the roadways.
Negligent drivers are responsible for paying the damages of the people they harm through their carelessness, but having a competent injury attorney on your side could help streamline the process. A Fulton Market pedestrian accident lawyer could help you pursue compensation from the responsible parties and make them pay for their wrongdoing.
Causes of Pedestrian Accidents
When a vehicle hits a pedestrian, driver error is often the cause. Even if a pedestrian is not on the road, drivers have a responsibility to be aware and avoid injuring other road users.
The same errors that cause drivers to collide with other vehicles could lead to pedestrian accidents. These include:
- Driving while impaired by drugs or alcohol
- Distracted driving
- Failing to yield to a pedestrian in a crosswalk
- Backing into a pedestrian
- Turning left without noticing a pedestrian in the road
An injured person seeking damages must establish another party’s negligence caused their injuries. When a motor vehicle hits a pedestrian in Fulton Market, a local accident lawyer could secure the police report, surveillance camera footage, driver cell phone records, and other evidence to establish that the driver’s negligence caused the incident.
Pedestrians Must Prove Damages
Damages is a term that describes sums of money a negligent person must pay to the person they injured. Most damage awards compensate documentable losses. An experienced attorney could assist an injured pedestrian following an accident in Fulton County by calculating and documenting their losses to support a claim for damages.
Economic damages compensate for losses that have a fixed value, such as medical costs and lost income. Economic damages also could include any losses the plaintiff might incur in the future, such as ongoing medical expenses or diminished income if the plaintiff cannot return to their former employment. A plaintiff could supply proof of damages by producing receipts, insurance statements, W-2s, tax returns, and other documentation.
Non-economic damages acknowledge the pedestrian’s subjective losses. A driver might pay sums in recognition of the physical pain the pedestrian suffered, their emotional anguish, and the erosion of their quality of life after the accident.
Proof of non-economic damages depends on the particulars of a case. Pharmacy records might help prove a pedestrian endured physical pain, and a counselor could provide testimony about their mental anguish. Statements or testimony from the plaintiff, their family members, and their friends could establish that the injury prevents the plaintiff from engaging in activities they once enjoyed or from living life to the fullest.
In cases where a driver’s actions were grossly negligent or reckless, punitive damages could be available. Punitive damages are awarded to punish the defendant’s conduct rather than compensate the plaintiff for their losses. If a defendant’s actions were intentional or wanton—like driving drunk or drag racing —a plaintiff could ask the court for punitive damages. In an injury case, 735 Illinois Consolidated Statutes §5/2-1115.05 limits punitive damages to three times the plaintiff’s economic damages.
Rely on a Compassionate Pedestrian Accident Attorney in Fulton County
Being hit by a car is physically and emotionally devastating. You should use all your strength to recover from your injuries and let a professional handle the business of getting appropriate compensation for your losses.
A Fulton Market pedestrian accident lawyer could provide guidance and fierce advocacy in pursuit of the compensation you deserve. You have a limited time to pursue a case against a negligent driver, so do not delay. Schedule a consultation today.