A representative for the estate of a man who died in an automobile accident has filed a lawsuit against the negligent driver. The accident, in Normal, IL, occurred when the driver of a vehicle struck a pedestrian. The pedestrian later died. The lawsuit states that the driver was negligent and failed to provide appropriate duty of care while driving. The driver allegedly disregarded a traffic signal and was driving while impaired. The lawsuit seeks damages in excess of the jurisdictional limits.
In this accident, the driver of the car hit the pedestrian, leading to the fatal injuries. Pedestrian accidents with autos often cause significant injuries or death. According to the NHTSA, National Highway Traffic Safety Administration, pedestrian deaths have increased, with more than 4,700 fatalities in the U.S. in 2013 alone and more than 60,000 injuries. Automobile drivers are required to be watchful for pedestrians and, of course, they must obey all the rules and signals of the roadway. In this case, as in many others, the driver was allegedly negligent and failed to use proper care while operating a motor vehicle.
Drivers in Illinois are required to comply with the rules of the road. A driver must come to a full stop at a marked crosswalk when there is a pedestrian present. Drivers are to yield to pedestrians – in other words, pedestrians have the legal right-of-way. Pedestrians should be aware of their surroundings and must take care to watch for potentially dangerous situations. For example, pedestrians should use common sense and should not use headphones or other devices that could distract them from traffic. However, in this lawsuit it is possible that the driver was negligent. The driver was allegedly driving while under the influence of alcohol or a controlled substance or was otherwise impaired.
Distracted driving and impairment of drivers are the most common causes of pedestrian accidents. Distracted driving may include texting or using a cell phone without a headset, which is prohibited by law. Other forms of distracted driving include applying makeup, reading, eating and drinking. The driver in this case was reportedly driving while impaired. This may mean driving drunk or while using prescription medications or illegal drugs. Any of these situations can be dangerous and can cause a serious accident with another vehicle or pedestrian.
The driver in this case was named in a civil lawsuit alleging negligence and wrongful death. An administrator for the man’s estate has initiated the lawsuit to recover damages for his family. The suit states that the family suffered a large monetary loss because of his death. Damages may include medical costs, lost wages, loss of mutual benefits, and other expenses that occurred because the man’s life was cut short. It may also request compensation for funeral and burial costs.
If you or a loved one has been seriously hurt or killed as a result of a negligent motorist, it is imperative that you reach out to a skilled attorney for help. Contact the legal team at Michael T. Friedman & Associates for a consultation.
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