Pedestrian Crosswalk Accident Lawyer | Staver

Bicyclists, motorists, and pedestrians expect to arrive safely at their destinations. However, unforeseen circumstances can lead to severe injuries and death. When you approach a crosswalk, who has the right of way? If you are struck by a car while walking, you may have the right to financial compensation for your damages.

It is in your best interests to get help from a dedicated pedestrian crosswalk accident lawyer at Staver Accident Injury Lawyers, P.C., if you hope to make the at-fault party pay. Contact our team for a 100% free consultation today at (312) 236-2900, and learn more about how much your pedestrian accident insurance and civil claims could be worth.

Pedestrians Face Risk While Crossing the Street

Across Illinois, there are often more than 4,900 pedestrian accidents annually. Over 4,500 of these involved severe injuries. Nearly 150 resulted in fatalities. When crosswalks are unmarked, are not clearly visible, or lacking, pedestrian accident injuries are far more likely.

There are a number of Chicago’s intersections that are considered dangerous for pedestrians, like N. Milwaukee Avenue, W North Avenue, and N. Damen Avenue, or N. Cicero Avenue and W. Chicago Avenue.

Pedestrian accidents in Chicago and across the state are a significant concern. A large city like Chicago has a considerable number of crosswalks that should be carefully marked and easily identifiable, but this may not always be the case. If you’re hurt in a crosswalk, call Staver for help.

Pedestrian Rights on Crosswalks in Illinois

Pedestrians have the right of way if they’re using the crosswalk correctly. Having the right of way means motorists are obligated to wait for the pedestrians to cross the street. If a pedestrian has not yet entered the crosswalk, they must yield to motorists until it is safe to cross.

Pedestrians have an obligation to make themselves visible. Just because you are in a crosswalk does not necessarily mean you have the right of way unless it is safe to cross the street. Both motorists and pedestrians must stay alert to avoid a collision.

Pedestrians will have the right of way in a crosswalk. Unmarked crosswalks do not have visible markings or other indicators of the crosswalk being present other than the crosswalk itself. Unmarked and marked crosswalks will generally be controlled by traffic lights. This means pedestrians must push the crosswalk button to get the walk signal before crossing.

What Kind of Crosswalks Are There in Illinois?

Illinois, particularly the heavily populated Chicago region, has multiple types of crosswalks. Each crosswalk has its own right-of-way rules as follows:

  • In crosswalks controlled by traffic lights, pedestrians must wait to cross until they get a walk sign or green light
  • In an unmarked crosswalk with no controls, pedestrians in the crosswalk have the right of way, and drivers must yield to them
  • In crosswalks controlled by walks signals, pedestrians must press a button and wait for the walk signal to appear before crossing
  • In a marked crosswalk without controls, pedestrians always have the right of way when it is safe to cross, and drivers must pay attention and give themselves time to stop for a pedestrian in a crosswalk

Pedestrians that fail to follow the right of way at these crosswalks can be ticketed for jaywalking. Their injury settlements could be reduced because of comparative negligence laws.

If you are partially liable for causing your injuries, you can still recover compensation for your damages as long as your portion of the fault is not greater than 49%. Your settlement will be reduced in proportion to your percentage of fault. If you were 10% liable for your injuries, your pedestrian accident settlement would be reduced by 10%.

What Causes Most Crosswalk Pedestrian Accidents?

Pedestrians are often hit in crosswalks for several reasons. Some of the top causes of these collisions include:

  • Distracted driving – Anything that takes a driver’s attention off the road is considered a distraction. Manual, cognitive, and visual distractions can all cause debilitating pedestrian accident injuries.
  • Driving under the influence of drugs or alcohol – Drunk or drugged driving impairs a motorist’s judgment and slows their reaction time.
  • Aggressive or reckless driving – Aggressive or reckless drivers are more prone to road rage, impulsivity, and speeding.
  • Driving over the speed limit – Driving over the speed limit reduces reaction time and stopping distance, increasing the likelihood of catastrophic injuries and damages.
  • Bad weather conditions – Poor weather conditions can reduce visibility and make it more difficult for drivers to come to a stop or slow down.
  • Following too closely – When motorists tailgate, they may not leave enough stopping distance to avoid a rear-end collision or multi-car pile-up.
  • Failure to stop at a traffic light or stop sign – Drivers who fail to stop at stop signs or traffic lights, whether it be due to impatience or in attention, are more likely to violate right-of-way laws and cause sideswipe or T-bone accidents.
  • Failure to yield to the right of way – When a driver fails to yield to the pedestrian right of way in a crosswalk, they can be held accountable for the victim’s damages in full.

What Kind of Injuries Can a Pedestrian Get in a Crosswalk Accident?

The injuries pedestrians can sustain in crosswalks are often catastrophic. Some of the most common types of injuries include:

  • Traumatic brain injuries
  • Internal injuries, including internal bleeding and organ failure
  • Pelvic fractures and bone breaks
  • Spinal cord injuries
  • Compound fractures and broken bones
  • Cuts and lacerations
  • Facial and dental trauma
  • Neck and back injuries

What Do I Need to Prove Negligence in a Crosswalk Accident?

To prove the defendant is liable for your damages, your pedestrian crossing accident lawyer must show the elements of negligence have been met. These include:

  • Duty of care – The driver that hit you owed you a duty of care or had an obligation to keep you safe
  • Breach of duty – The driver that hit you breached their duty of care by violating traffic rules and regulations or carelessness
  • Causation – The driver’s breach of duty is the cause of the injuries you sustained in a crosswalk
  • Damages – You suffered severe injuries or damages due to your pedestrian crosswalk accident or subsequent injuries

You can rely on your attorney to present compelling evidence that shows these elements were met. Some examples of such evidence could include:

  • Crosswalk markings
  • Photos of the crosswalk
  • Traffic cam footage
  • Eyewitness statements
  • Police and crash reports
  • Expert testimony
  • Photos of your injuries
  • Traffic signal reports

What Kind of Compensation Can I Get in a Pedestrian Crosswalk Accident?

Pedestrians injured in crosswalks are entitled to maximum compensation for their damages. It is crucial to get started on your case as soon as possible. The statute of limitations starts on the day of your accident. It will expire precisely two years from the date of your accident unless extenuating circumstances apply.

The last thing you need is to miss out on total restitution for your suffering. You can recover economic and non-economic damages. Your out-of-pocket expenses and the conceptual losses might include:

  • Personal property damages
  • Chronic physical pain
  • Emotional distress and suffering
  • Reduced quality of life
  • Loss of income and earning capacity
  • Healthcare expenses and future medical bills
  • Disfigurement and skin scarring
  • Loss of companionship, protection, love, and an intimate spousal relationship
  • Feelings of embarrassment, shame, anticipation, indignity, fear, and shock

How Can a Chicago Personal Injury Lawyer Help?

Having a Chicago personal injury attorney at Staver Accident Injury Lawyers, P.C. could make all the difference in the outcome of your case. You shouldn’t have to deal with is a complex litigation process alone while you are healing from your injuries.

Thankfully, we take on everything from start to finish so you can devote more time to healing.  We will dig into your case, investigating the cause of the accident. We’ll work to find all liable parties. We can help you calculate your losses for an accurate claim.

Your Staver attorney is prepared to negotiate with the insurance representative: we won’t back down. We are ready for a trial if you need to file a lawsuit.

Call A Chicago Crosswalk Pedestrian Accident Attorney

When you have the right of way at a pedestrian crosswalk, and you suffer catastrophic injuries due to another party’s negligence, you can take steps to hold them accountable.

With help from a pedestrian crosswalk accident attorney at Staver Accident Injury Lawyers, P.C., you can fight for the total recovery of your damages. Learn more about what is next for your case when you fill out our quick contact form or call our office at (312) 236-2900.

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(312) 236-2900
(312) 236-2900
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