Chicago Pedestrian Accident Attorney
Each year, as technology advances, so too does the number of pedestrian accidents. Cell phones, infotainment systems, and more have contributed to distracted driving accidents, sending a growing number of pedestrians to the hospital. An object the size of even the smallest car need only be traveling at 10 mph in order to break bones.
Chicago is not known for having the nation’s safest streets, and pedestrian accidents frequently occur for a wide variety of reasons. While it is true that sometimes a distracted pedestrian makes his or her way into traffic without properly looking both ways, it is also true that a number of pedestrian accidents are caused by distracted drivers.
Those injured by the carelessness of another driver have recourse to sue and recover damages for their injuries. Michael T. Friedman & Associates can help.
Illinois Negligence Laws as They Relate to Pedestrian Accidents
Both pedestrians and drivers need to obey the rules of traffic. When one or both parties violate those laws and an injury results, police officers at the scene generally ask witnesses what happened. Their main goal, however, is not to faithfully record the details of the accident for posterity. Their goal is to see that injured parties make it to the hospital and the normal flow of traffic is restored.
Negligence presumes one or the other party is more responsible for the accident than the other. In other words, one party is mostly responsible for the accident. The police report may establish the basic facts surrounding the case and it may be faithful to what actually happened. Sometimes, it is and sometimes it is not. A police report that misrepresents an accident as you remember it does not necessarily spell doom for a suit against a careless driver.
Pedestrians who are injured by a driver file claims against the driver’s insurance policy. When the driver is more at fault than the pedestrian, the pedestrian is entitled to collect damages for their injuries. These damages can include missed time from work, medical expenses, pain and suffering, loss of enjoyment, and in extreme cases, permanent impairment or disfigurement.
Contributory and Comparative Negligence
Illinois law states that when two parties are involved in a negligence lawsuit, whichever party is more at fault than the other, cannot sue. In addition, if the individual driving the car is 90% at fault and the pedestrian is 10% at fault, that means the total value of the pedestrian’s damages are decreased by 10%.
When you file a claim against an at-fault party’s insurance policy, the insurance adjuster does everything in his or her power to reduce the value of your claim. This can include blaming you for the accident, saying that your injuries were part of a condition that predated the accident, or saying that your injuries are not as severe as you are claiming.
When the stakes are high, it helps to have a skilled negotiator on your side who will get the evidence you need to build an unimpeachable case against the driver. This forces the insurance company to either pay up or go to trial. Insurance companies almost never want to go to trial.
Contact a Chicago Pedestrian Accident Attorney Today
Michael T. Friedman & Associates have successfully litigated suits on behalf of injured pedestrians. We can ensure that you are awarded a fair settlement that represents the total value of your claim. Do not get steamrolled by the insurance company. Call us today at (312) 339-8816 or contact us online for a free consultation.