What Are My Legal Rights if I Was Hit By a Car?

 Posted on February 02, 2023 in Personal Injury Lawsuits

Whether you are in an urban center like Chicago or a rural area, pedestrian accidents are more common than many people realize. Even if a walker is able to spot an oncoming car and try to avoid it, they may not have enough time - making pedestrians especially vulnerable when crossing roads. Drivers must take reasonable precautions to ensure that people are protected as much as possible when traversing streets and sidewalks. Unfortunately, pedestrian accidents still occur and the results are often devastating.

If a pedestrian is struck by a vehicle, he or she has the right to pursue compensation for damages. A pedestrian accident victim may be entitled to compensation covering medical bills, lost income from missed work, non-economic damages like pain and suffering, and more.

Pedestrian Accident Injury Claim

Pedestrians are vulnerable to careless drivers, who may mistakenly hit them while speeding, not paying attention to the road, or being distracted by a cell phone. If you have recently been involved in an accident as a pedestrian, the process of obtaining compensation from the at-fault driver's insurance company can be complex and time-consuming. You will need convincing evidence that proves the driver’s negligence. You will also need evidence of the damages you suffered because of your injuries.

Potential Damages in a Pedestrian Injury Case

Potential damages in a pedestrian injury case include compensation for the cost of medical treatment, lost wages if you had to miss work due to your injuries, property damage caused by the accident, and pain and suffering. An experienced attorney can help you understand what type of compensation may be available in your particular situation.

Once you have gathered the evidence needed to support your case, your attorney will begin settlement negotiations with the driver’s insurance company. This may involve a series of back-and-forth offers until an agreement is reached. Your attorney can review any offer from the driver’s insurance company and help you decide if it is fair or not.

Illinois Statute of Limitations for Pedestrian Accidents

Time is of the essence when seeking compensation after a pedestrian accident. In Illinois, victims generally have two years from the date of their injury to bring a lawsuit against the responsible party. If you do not file your claim within this time period, you may be barred from recovering any damages. Furthermore, waiting to pursue a compensation claim can also weaken your case because evidence or witnesses may no longer be available.

Contact a Lake County Pedestrian Accident Lawyer

Salvi & Maher, L.L.C. is committed to serving pedestrian accident victims and other individuals who are harmed by negligence. Call our experienced Waukegan personal injury lawyers 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