Wrongful Death Lawsuits Involving Pedestrian Accidents

 Posted on November 25, 2019 in Wrongful Death

Pedestrians deserve to be safe walking down public sidewalk and walkways. Unfortunately, fatal car accidents involving pedestrians happen every day. The Centers for Disease Control and Prevention (CDC) estimates that a pedestrian is struck and killed by a motor vehicle every 1.5 hours in the in the United States. If you have lost a loved one in a pedestrian accident, you may be considering bringing a wrongful death claim against the driver. It is important to know the elements of a wrongful death case involving a pedestrian accident in Illinois.

Determining Fault in a Pedestrian Accident

If you are deciding whether or not to bring a wrongful death claim after a loved one was hit by a car, you should consider several factors. Successful wrongful death lawsuits generally involve proving negligence, recklessness, or intentional wrongdoing on behalf of the defendant. If a driver in a fatal car accident was under the influence of alcohol or drugs, he or she will likely be presumed to be responsible for the accident. Drivers have a duty to drive with caution and attention. A driver who was distracted or simply not paying attention may also be considered negligent and therefore liable for damages caused by the accident.

If the person killed in the accident was partially at fault for the accident, it may still be possible to collect compensation. Illinois comparative negligence law states that if an injured party is less than 51 percent responsible for an accident, the injured party or the party’s estate can pursue compensation through a personal injury lawsuit. For example, if your loved one was “jaywalking” or crossing the street not at the designated crosswalk, he or she could be considered partially at fault for the accident. However, if the driver of the vehicle is found to be at least half at fault for the accident, you can still bring a wrongful death claim against the driver.

Damages in a Wrongful Death Case Involving a Fatal Accident

Through a wrongful death lawsuit, you may be able to get compensation for damages caused by the fatal pedestrian accident. You may be able to receive reimbursement for your loved one’s medical expenses that were incurred between the time of the accident and his or her death. You may also be able to get compensation for funeral and burial expenses as well as your “grief, sorrow, and mental suffering.” The type and amount of damages you could receive will depend on a multitude of factors. Speak with an experienced wrongful death attorney if you would like to learn more about what types of compensation you can receive after a wrongful death.  

Contact a Waukegan Wrongful Death Lawyer

Losing a loved one in any type of fatal accident is devastating, but our compassionate team can help you take steps toward building a better future. Contact Salvi & Maher, L.L.C. to speak with an accomplished Illinois pedestrian accident attorney. Call our office at 847-662-3303 to schedule a consultation.

Sources:

https://www.cdc.gov/motorvehiclesafety/pedestrian_safety/index.html

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059