Even when pedestrians pay attention and follow all applicable traffic laws, they are still at risk of serious injury when they walk across or nearby busy roadways. A single irresponsible act from a driver could lead to a collision with life-altering repercussions. Unfortunately, holding negligent drivers accountable for the injuries they cause can be a time-consuming and complicated process.
However, there is help available from seasoned personal injury attorneys who know how to achieve positive case results for people facing situations like yours. A Plainfield pedestrian accident lawyer could work to protect your rights and fight to get you the maximum compensation possible for your injuries.
Recoverable Damages in a Pedestrian Crash Claim
Vehicles outweigh the average pedestrian by tons. Therefore, pedestrian collisions often have lasting effects on walkers or joggers, especially since those on foot have little physical protection to shield them from cars.
Even low-speed pedestrian crashes can lead to soft-tissue damage, broken bones, and other “minor” injuries that require extensive medical treatment. However, higher-speed crashes typically result in permanent injuries like traumatic brain, spine, or internal organ damage.
Regardless of a person’s injuries, a comprehensive lawsuit or settlement demand should account for all losses an injured person can connect to their injuries, including economic and non-economic damages as well as past and future losses. Examples of damages that commonly factor into cases of this nature include:
- Bills for inpatient and outpatient medical treatment and prescription medication expenses
- Rehabilitation costs
- Lost income and diminished earning capacity because of an injury
- Personal property damage
- Physical pain
- Emotional trauma and suffering
- Loss of consortium or enjoyment of life and other effects of permanent disfigurement or disability
A compassionate attorney in Plainfield could discuss what losses a pedestrian collision claim should focus on during a private consultation.
Are Drivers Always Liable for Pedestrian Wrecks?
Many assume that because motor vehicle drivers are less at risk of severe injury in pedestrian accidents, they are automatically at fault for ensuing losses. However, this is not always the case. In most cases, pedestrians struck by a vehicle must prove that a specific careless act by a driver was the primary and direct cause of their accident. If a pedestrian cannot prove liability, they may be unable to collect restitution.
Furthermore, any degree of fault a pedestrian holds for their own injuries—for instance, because they stepped out into the road suddenly or entered a crosswalk without the proper signal—could reduce their potential recovery amount. As a lawyer in Plainfield could explain, 735 Illinois Compiled Statutes §5/2-1116 prohibits injured pedestrians from recovering compensation against at-fault parties if they are found more than 50% liable for their own injuries.
Call a Pedestrian Accident Attorney in Plainfield Today
Any time a motor vehicle impacts someone walking on a sidewalk or roadway, the short-term and long-term consequences can be devastating. Even worse, proving that a driver injured you by hitting you with their car may not be enough to make them pay for your damages if you cannot prove that they were primarily responsible.
Assistance from a Plainfield pedestrian accident lawyer could be essential to achieving the best possible outcome for your civil proceedings. Call today to schedule a consultation and begin building your claim for damages.