Am I Covered if I Get Hit by a Car While Walking?

 Posted on July 18,2022 in Pedestrian Accidents

Car versus pedestrian accidents can be incredibly devastating. People who are on foot have no shielding when a negligent motorist crashes into them. Even if a pedestrian sees a car about to veer off the road and strike them, they can almost never move quickly enough to avoid being seriously harmed. A driver who hits a pedestrian is almost always going to be considered negligent. Exceptions to this rule are rare. Especially in downtown areas like Chicago, walking is often the most convenient way to get around. Drivers should be very well aware that people are walking around and take reasonable precautions to avoid hitting one. If you were hit by a car while walking, you can likely recover compensation with an attorney’s help.

How Can I Recover Compensation for a Pedestrian Accident?

In most cases, the responsible driver’s insurance company will compensate you. The process is similar to what it would be had you been driving when you were hit. Your best bet is to have an attorney help you with the claims process. It can be a bit complicated, and the driver’s insurance company has more interest in making a profit than making sure that you get the compensation you need.

You will need to be able to show that the driver who hit you was being careless. This is usually the case in pedestrian crashes. Pedestrian accidents typically occur when a careless driver:

• Loses control - Often due to speeding or intoxication, the driver ends up on the sidewalk.
• Gets distracted - Drivers who are on their phones may not see you.
• Will not yield - Drivers are required to yield to pedestrians who are already in the road.
• Acts maliciously - Some drivers think that it is “fun” to “scare” a pedestrian by speeding towards them, honking at them, or “pretending” to “almost” hit them. This type of reckless behavior can very easily turn into an actual pedestrian accident.

What if the Driver Was Uninsured?

If the careless driver who hit you did not have insurance, you still have options. In many cases, you will need to sue the driver himself. You can be awarded a settlement that fully compensates you for all your costs. However, you will likely need an attorney’s assistance to enforce your settlement award. Tactics for enforcing an award may require extensive legal knowledge.

Contact a Lake County Pedestrian Accident Lawyer

Salvi & Maher, LLP is committed to helping people who have been injured in a pedestrian accident recover compensation for their medical care costs, lost wages, and more. Our skilled Waukegan pedestrian accident lawyers will guide you through the process of pursuing a claim from start to finish. Call us at 847-662-3303 for a free consultation.

Source: https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+11+Art%2E+X&ActID=1815&ChapterID=49&SeqStart=127300000&SeqEnd=128900000