Your Guide To Pedestrian Accidents In Illinois

When it comes to pedestrian safety, understanding right-of-way laws is crucial for both pedestrians and drivers in Illinois. By knowing who has the right to proceed in specific situations, individuals can prioritize safety and avoid traffic violat...

Date
Jun 6, 2023
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waukegan pedestrian accident lawyer

When it comes to pedestrian safety, understanding right-of-way laws is crucial for both pedestrians and drivers in Illinois. By knowing who has the right to proceed in specific situations, individuals can prioritize safety and avoid traffic violations.

In Illinois, pedestrian deaths have seen a troubling rise. According to the Illinois Department of Transportation (IDOT), there were 4,940 pedestrian-involved crashes in 2017, resulting in 148 pedestrian fatalities. Among these fatalities, 128 occurred on urban roads, while 20 happened on rural roads. 

Rights of Pedestrians 

As a pedestrian in Illinois, drivers have a legal obligation to come to a complete stop and yield under the following circumstances:

  • Marked Crosswalks 
  • School Zones
  • Unmarked Crosswalks 
  • Intersection Turns
  • Red Light Turns
  • Stop Signs and Flashing Red Signals
  • Pre-Traffic Light Changes
  • Green Light or Walk Signal
  • Entrance/Exit Points
  • Flashing Yellow Arrow

Damages Available in a Pedestrian Accident

Pedestrians involved in accidents with motor vehicles often suffer severe injuries or even death due to the absence of protective measures like airbags, seatbelts, or steel frames. Some common pedestrian injuries include traumatic brain injuries, spinal cord injuries, soft tissue injuries, broken bones, and fatalities.

In Illinois, pedestrians can seek compensation for both economic and non-economic damages caused by the accident. Medical expenses and lost wages incurred as a result of the injuries are included in economic damages, whereas non-economic damages encompass compensation for suffering and pain.

In certain cases where the driver's actions were intentional or particularly egregious, a pedestrian may also be eligible to recover punitive damages.

What to Do After a Pedestrian Accident in Illinois

After a pedestrian accident, prioritizing medical care is crucial, even if injuries don't appear severe initially. Some injuries, including internal ones, may manifest symptoms days or weeks later, making timely medical evaluation essential.

If you've been involved in a pedestrian accident and your injuries allow, try to gather the following information:

  • The driver's name, contact information, license number, insurance information, and the car's license plate number.
  • The contact information of any witnesses present at the scene.
  • A police report detailing the accident.
  • Photographs of the accident scene, including any damages incurred.

How Insurance Companies Handle Pedestrian Accidents

In most cases, the driver involved in the accident will report the collision to their insurance company. In turn, injured pedestrians can file a compensation claim against the driver's insurance company. Fortunately, Illinois law requires drivers to carry liability insurance.

Contact a Waukegan Pedestrian Accident Attorney

A Waukegan personal injury attorney from Salvi & Maher LLP can provide you with legal options. Reach out to us at 847-662-3303 to book a consultation and get your needed assistance.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57

https://idot.illinois.gov/Assets/uploads/files/Transportation-System/Resources/Safety/Crash-Reports/crash-facts/2014%20CF.pdf 

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