Most Common Causes For Pedestrian Accidents

 Posted on January 07, 2024 in Pedestrian Accidents

Pedestrian accidents can occur at any time, anywhere. Some accidents occur more often than others and, as a pedestrian, you should understand what to look out for to prevent an accident from happening to you. You should also know exactly what your legal rights are in the event that you do suffer an accident. Who better to explain the legalities than a personal injury attorney?

Pedestrian Accident Causes

Some events can transpire that put both a pedestrian and a driver in the wrong when it comes to negligence that results in an accident. It is important to be able to identify why pedestrian accidents occur so those liable can be held responsible in compensation claims cases.

The following are common causes of pedestrian accidents that can happen to anyone:

• Jaywalking
• The driver or pedestrian is intoxicated or distracted
• Failing to yield the right of way
• Pedestrians wearing dark clothing at night
• Pedestrians walking into oncoming traffic; failing to look both ways before crossing the street
• Driver is speeding
• Driver is fatigued
• Pedestrians are playing (children) or working (adults) in the road
• Visibility impairment due to poor weather conditions

Contributory Negligence vs Comparative Negligence

There are two primary types of negligence you will want to be aware of when pursuing a personal injury lawsuit: contributory and comparative. As Illinois is a modified comparative negligence state, understanding what it is will be important to your case.

Comparative negligence is where a judge will decide how responsible both parties are for any injuries that occur. A judge can decide that one party is 60 percent responsible while the other is 40 percent and assign damages based on this decision. A judge could also look at both parties and claim they are equally responsible for the accident and award nothing. Modified comparative negligence in Illinois places a threshold of 51 percent or higher on damage entitlement. So, if a defendant is considered 51 or more percent responsible for the injuries, then they would have to payout accordingly.

Contributory negligence requires that the injured party show the other party was completely at fault for the injuries incurred due to the accident. If the injured party is shown to be even slightly responsible for the accident, then they are entitled to no compensation.

Contact a Lake County, IL Personal Injury Attorney

When pursuing personal injury compensation claims, you will need to prove the defendant is at fault for the accident. Doing so will require proof the defendant had a duty to you, they breached that duty, and because of that breach, the accident occurred which resulted in your injuries. For this, we would highly recommend you consult an experienced Waukegan, IL pedestrian accident lawyer. Salvi & Maher, LLP is committed to its clients’ cases by treating every single one of them with the utmost importance and professionalism they deserve. Contact our office right now for a free consultation at 847-662-3303. We are ready to listen.