Pedestrian Injuries
As spring approaches and the weather warms up, Midwesterners come out of hibernation and take to the streets, sidewalks and walking paths. With more pedestrians out and about comes more accidents and injuries for pedestrians. Although there are many dangers for pedestrians, the most common dangers that pedestrians encounter are motor vehicles. Pedestrian accidents can be much more violent and dangerous than the typical collision between two vehicles. This is because the pedestrian who is struck does not have the protection of the surrounding vehicle. When a vehicle strikes a pedestrian, the vehicle almost always wins. The point of impact frequently causes initial injuries including internal injuries and broken bones. Then, pedestrians are frequently thrown upon impact leading to secondary injuries when they land. Traumatic brain injuries frequently result from a pedestrian’s secondary impact with the ground or other objects.
In addition to the severity of injuries, pedestrians are more susceptible to being struck because they are often more difficult to see than a vehicle. They can blend into the background. A distracted driver might never see a pedestrian until they are struck. In some instances, pedestrian behavior may also play a role in the accident. In these situations where a pedestrian’s behavior contributes to causing the accident and injury, a jury or finder of fact may have to consider many factors in apportioning blame. If a pedestrian is more than 50% at fault, they are barred from any recovery in Illinois. If the pedestrian is between 1-50% at fault, then any award or verdict will be proportionately reduced by the pedestrian’s percent of fault.
Some of the factors a fact finder may consider when apportioning blame:
Where was the pedestrian when struck? In the street? In a cross walk? At a corner or mid-block?
Was the driver keeping a proper lookout? Did the driver have the opportunity to see the pedestrian and avoid the accident? Did the driver fail to yield to a pedestrian int eh crosswalk?
Was the pedestrian keeping a proper lookout? Were they looking down at a phone? Did they enter the roadway at the last minute darting out in front of the vehicle?
If the facts of what occurred are not clear or in dispute, a prompt investigation is important. The police should be called immediately. Witnesses should be identified so they can be contacted for statements, if necessary. The area should be examined for any municipal or private cameras.
In addition to often being the most injurious of all motor vehicle accidents, vehicle v. pedestrian accidents are more likely to result in hit and run accidents. This is due to a number of factors: the striking vehicle rarely has damage preventing it form driving away; bad actors are often confident the pedestrian cannot see or catch them; and sometimes drivers may not even know they have struck a vehicle.
What can and should a pedestrian do if they are the victim of a hit and run?
Contact the police and file a report.
Seek medical treatment if appropriate.
Contact a knowledgeable attorney such as those at Adeszko Abate & Green to discuss potential avenues for recovery.
More often than not, hit and drivers are never identified. So, how can an injured pedestrian recover? Even if injured as a pedestrian, you are still able to make a claim under the uninsured motorist coverage under your own auto insurance policy. In this instance, the pedestrian’s auto insurance will act as though they are the insurer for the hit and run driver. There are many specific rules and restrictions which must be met in order to properly pursue these claims. It is very important that you seek the guidance of a knowledgeable attorney as soon as possible to advise you how to protect your rights and pursue a claim under your policy.
Pedestrian v. motor vehicle injuries present some of the same issue as car v. car injuries, but they also present some different and unique issues. It is very important that an injured party seek counsel as soon as possible so that evidence can be preserved and legal rights to pursue a claim can be protected.
The attorneys at Adeszko Abate & Green have extensive experience in these claims and have recovered millions of dollars on behalf of injured pedestrians. If you or a friend or family member becomes the victim of a pedestrian v. motor vehicle injury, please have them contact us as soon as possible to protect their rights.