Drivers have a duty to operate their vehicles with a high duty of care, which means driving the speed limit, coming to a complete stop when a traffic light or stop sign indicates that they should do so, and yielding to pedestrians as required by law. When a driver fails to do any of these things–or otherwise operate their vehicle in a safe manner–others on the road are endangered, and the risk of a pedestrian accident collision is heightened. For those who have been hit by a car in Woodstock, you have rights, including the right to seek compensation for the full value of your losses. Our Woodstock pedestrian accident lawyers can assist you in understanding what steps to take next.
In Illinois, liability for an accident involving a motor vehicle is based on fault, which is determined by carelessness, recklessness, negligence per se (violation of a statute or law), or negligence (breach of the duty of care owed in a given situation). This means that a driver who struck a pedestrian may be liable for the full extent of injuries incurred by the pedestrian when the driver was driving aggressively, while impaired, was speeding, had failed to come to a complete stop, failed to yield, or otherwise did something dangerous or illegal.
In order to recover compensation, an injured pedestrian will need to bring forth a claim against the insurance company of the at-fault driver. Most pedestrian accident claims are settled by an at-fault driver’s insurance company through their liability insurance policy.
When the fault for a pedestrian accident is clearly that of the driver’s and not the pedestrian’s, then the driver will be responsible for paying for damages (again, typically through their liability insurance). If fault is disputed, however, the pedestrian may be unable to recover their full compensation award. Illinois recognizes the rule of contributory fault, which holds that while a plaintiff will not be barred from recovering damages (so long as they were not more than 50 percent to blame), their damages will be reduced in proportion to their degree of fault.
In order to recover the full value of your losses after being involved in a pedestrian accident, you will need to seek medical care and provide evidence of injuries and medical-related losses, prove fault, and prove that you did not contribute to the accident. You will also need to prove any other damages that you are claiming, such as pain and suffering.
When you work with our experienced Woodstock pedestrian accident lawyers, we handle all elements of your claim on your behalf. While it will be your responsibility to seek medical care and follow your doctor’s orders, we can hire accident reconstruction experts, negotiate with insurance adjusters, and analyze evidence to improve the chances of your claim’s success.
To learn more about our legal team and why you should work with a Woodstock pedestrian attorney after a crash, please contact our law firm today. Consultations are offered free of charge.
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