The National Highway Traffic Safety Association reports that nearly 5,000 pedestrians are killed in vehicle-related accidents across the country each year. These accidents can occur when people attempt to cross a busy highway or because of poor maintenance of a property. In Illinois, the state Department of Transportation reported that over 4,000 pedestrian accidents in 2014 resulted in nearly 130 fatalities. If a poorly maintained property, a property defect, or a driver’s dangerous misconduct seriously injured you or someone you know, you may be entitled to financial compensation, and we can help. At Spiros Law, P.C., we have a statewide reputation for providing quality representation. Our experienced Champaign pedestrian accident attorneys can help guide you along the long road toward recovery.
Pedestrians are a particularly vulnerable segment of traffic. To make matters worse, an injury suffered by a pedestrian on the highway can be a complex legal issue. Illinois state laws obligate all pedestrians on the highway to exercise a reasonable level of care. The laws are meant to help protect pedestrians from any hazards present on the road. Unfortunately, if a pedestrian’s conduct fails to meet the law’s standard in a pedestrian accident claim, the court may reduce the value of the claim or even refuse to hear the case.
Nevertheless, there are many instances where pedestrians injured on the highway may be entitled to receive compensation for an injury. If a driver’s negligence caused you or someone you know harm, you should contact an experienced pedestrian accident lawyer today. At Spiros Law, P.C., we will work tirelessly to get you the justice you deserve. Founded in 2005, the lawyers at Spiros Law, P.C. have decades of cumulative experience in auto-related and pedestrian-related legal claims. Once we have the chance to examine the details of your case, we may also be able to file a claim against state or federal entities responsible for the faulty design of the highway or the poor maintenance of the property. We have the experience and large-firm resources to help you get the justice that you need while ensuring that you receive the small-firm attention that your case deserves. Contact our offices at (217) 328-2828 to discuss the specific details of your case today.
What is a Pedestrian Accident?
In general, there are two types of pedestrian accidents. The first is a pedestrian-vehicle accident. These cases usually hinge on the duty of care of each of those involved. Both the driver and pedestrian must obey traffic rules and pay attention to the conditions on the road. In most instances, it is obvious who the court will determine is at fault in a pedestrian accident claim. However, the court does look at numerous factors in applying the facts to the negligence claim. A few of the most common factors that contribute to driver’s negligence include the following:
- Distracted driving
- Speeding
- Failing to yield the right of way to pedestrians at crosswalks
- Disobeying traffic signals or signs
- Failing to signal while turning
- Disregarding weather conditions or traffic conditions
- Driving under the influence of drugs and alcohol
Of course, the court expects pedestrians to exercise their own reasonable level of care despite, or because of, the hazards present in the road. The care required from a pedestrian must be proportionate to the danger that must be avoided. Contributory negligence may be sought against a pedestrian if they failed to exercise a reasonable level of care and contributed to their own injury.
A few of the most common factors contributing to pedestrian negligence include the following:
- Ignoring the “Walk” signal at an intersection
- Entering traffic and disrupting the flow
- Failing to use marked crosswalks
- Darting in front of a vehicle
All of the above factors may constitute negligence on the part of the pedestrian.
Other Pedestrian Accidents
Non-vehicular pedestrian accidents can occur when a pedestrian is injured on private or public property, such as a sidewalk. These types of claims fall under the legal area of premises liability claims. In most states, including Illinois, those in control of the property have a duty to maintain the premises and to warn the public of any potential hazards.
If an owner’s property defect harmed you or someone you know you may be able to recover damages in a premises liability claim. The injured party must first prove that a dangerous condition on the property exists. The court will acknowledge that a dangerous condition exists if any of the following scenarios can be proven:
- The owner created the problem
- The owner knew the condition existed and ignored it
- The condition existed for a significant period of time and should have been corrected before the incident
If one of the above scenarios can be proven, the property owner might be liable for the accident that caused you harm.
What Should I Do If I Was Involved in a Pedestrian Accident?
In the case of a pedestrian accident, other parties may try to blame you for the incident by claiming that you were at fault. If you were involved in a pedestrian accident you should do the following:
- Call the police immediately
- Stay at the scene of the accident until help arrives
- Gather names and numbers of witnesses
- Do not make statements to anyone, including drivers and insurers
- Seek legal help immediately
It is crucial that you contact an experienced pedestrian accident lawyer as soon as you are able to. This will help you protect your rights, your health, and your financial future after a severe injury accident.
Contact Spiros Law, P.C. Today
At Spiros Law, P.C., we have decades of experience helping individuals who were injured in the Champaign area and across Central Illinois. We have earned our reputation as one of the premier personal injury firms in Central Illinois through our successful representation of our clients and our commitment to our community. It is because of this statewide reputation that a high percentage of our cases are referred to us by other attorneys.
Our pedestrian accident attorneys are committed helping each of our clients secure the compensation they need to pay their bills, recoup lost wages, and move on with their lives following an accident. We have an impressive track record of over $100 million recovered for our clients in the last 10 years.
With Spiros Law, P.C. as your trusted advocates, we are ready to fight on your behalf to see that you and your family receive the justice that you deserve. Let our compassionate and skilled attorneys help you overcome this stressful time by getting you the compensation that you deserve. To get started on your case, contact the Champaign pedestrian accident attorneys at (217) 328-2828.
