A collision between a person and a vehicle can be a dangerous and violent event. Any Illinois resident who is hurt in a vehicle-pedestrian accident should seek medical attention to ensure that they have not suffered any serious physical harm. Once they have taken precautions to protect their health, they may wish to investigate their rights to pursue compensation for the harm they suffered.
Pedestrian accidents are often similar to other vehicle accident claims, in that they may be based on allegations of negligence. A pedestrian victim may allege that drivers failed to exercise their duty of care and that, as a result, the victim was injured. The victim may use facts to support their claim and to demonstrate that the driver’s actions led to the victim’s injuries.
As in other accident cases, an accused party may allege that the victim actually contributed to their own injuries. For example, in a vehicle-pedestrian case, a driver may claim that the victim was distracted by their smartphone when they stepped off of a sidewalk and into the path of the moving vehicle. In Illinois, if a victim is found to have been more than 50 percent responsible for the accident that caused their injuries, they cannot recover damages. If their negligence amounted to less than 50 percent of the accident’s cause, then they may recover a proportional part of their damages award.
Pedestrians do have rights when they are harmed in accidents with cars. They should know the laws that will govern their legal cases under personal injury law.