Legal Actions to Take After a Pedestrian Accident

Published on: 08/18/23 — In 

There are several legal actions that you can take after a pedestrian accident in Chicago. The first step is to seek medical attention immediately. Make sure to document the injuries sustained in the accident, as this will be important later on for your insurance claim.

After receiving medical attention for a pedestrian accident, it is advisable to consult with a personal injury lawyer who specializes in this area. This is because seeking compensation for such accidents is a complex process that involves overcoming legal obstacles. Ktenas Injury Lawyers offers expert legal services for this matter.

Our pedestrian accident attorneys will ensure you receive the compensation you deserve. Call us today at 312-300-2515 and schedule your free consultation!

Pedestrian accident victims may sustain severe injuries, including broken bones, spinal cord injuries, and internal injuries, as a result of being hit by negligent drivers. Even helmets cannot fully protect them from traumatic brain injury. Seek help from a medical professional right away, no matter the injury's severity. Documenting injuries is essential when filing for legal compensation.

Obtain details of the crash scene and the other driver involved. Call the police and gather witness contact information. Get the other driver's contact and insurance information for filing a claim. The more detailed the report, the better the chance for compensation.

Chris Ktenas speaking with his client after a pedestrian accident

At Ktenas Injury Lawyers our pedestrian accident lawyers have handled numerous personal injury lawsuits involving pedestrians who were hit and suffered serious injury due to collisions with cars. The legal battle of recovering medical expenses can be protracted so it is important for individuals involved as either pedestrians or drivers to have experienced legal representation at their side during such cases. Our pedestrian accident lawyers have experience representing clients in similar cases and can answer all your questions about pedestrian accident claims.

Recovering Compensation From Your Own Insurer

The legal principles of negligence in car accidents also extend to cases involving pedestrian accidents. Pedestrians who sustain injuries in an accident may be eligible for compensation if it can be proven that the driver of the vehicle acted negligently or recklessly while driving.

Generally speaking, pedestrians who are injured in an accident may be entitled to file a pedestrian accident injury lawsuit and receive the maximum compensation if it can be demonstrated that the driver of the automobile was negligent or reckless in their driving practices. However, many people mistakenly think that simply because a pedestrian was hit by a car automatically means that they deserve some form of compensation. This is not necessarily true, as negligent conduct on the part of both driver and pedestrian might have led to the incident.

Related Services: Chicago Negligence Lawyer

For example, under traffic laws, if a pedestrian was jaywalking at the time of an accident instead of crossing within a marked crosswalk at traffic signals- then this could be considered negligence on their part which contributed to them getting hit. For liability to be established, it needs to be shown that either one or both parties involved were acting carelessly or recklessly leading up to and at the time of the traffic accident. Determining fault can impact the pedestrian injury lawsuit and the amount of financial compensation awarded.

Common Types of Injuries After a Pedestrian Accidents

As pedestrians, we often face danger when walking near or on busy streets. Nearly a quarter of pedestrian fatalities are the result of hit-and-run drivers.

If you are unfortunate enough to become the victim of an accident involving a motor vehicle, you should be entitled to submit a legal claim to an insurance company and seek compensation for your losses. Insurance company compensation can cover costs like medical bills for physical therapy and lost wages, while also providing restitution for any long-lasting pain and suffering that we might have experienced as a result of the accident. It’s important to keep in mind that these cases can be difficult to prove, so it’s best to stay diligent about preserving evidence of the incident and then speaking with an experienced pedestrian accident lawyer who is knowledgeable about these types of traffic fatalities.

a woman after a pedestrian accident in Chicago

In addition to obtaining compensation for punitive damages associated with the incident, families may also be able to pursue a wrongful death lawsuit if their loved one was killed in the accident. This legal route can help those affected by tragedy recover financial losses incurred from the death, such as loss of companionship, funeral costs, and income from future earnings that had been expected from the deceased. Furthermore, prosecuting parties liable for wrongful pedestrian deaths through this form of legal action can raise awareness within society on ways to potentially reduce pedestrian fatalities in the long run. Learn how our attorneys can help you prove wrongful death here.

Steps You Should Take as a Pedestrian Injured in a Car Accident

If you’re a pedestrian who has been injured in a car accident, there are several steps you can take to pursue legal action. The first and most important is to seek medical care for your injuries as many common pedestrian injuries take time to develop after the initial emotional distress and shock. It’s important to document any evidence of physical injury or mental anguish as a result of the accident. This can include photographs of the scene, witness statements, and medical reports from your medical provider.

Next, you should contact a qualified personal injury lawyer who has experience in these types of cases to discuss the details of the accident and determine whether you have grounds for a lawsuit. The attorney can then work to build a strong lawsuit for damages claim and will represent you throughout the entire legal process.

FAQ: What can a personal injury lawyer do for you?

The last step is to file a claim and seek damages from those responsible for your injuries. Depending on the specifics of the accident, you may be able to receive compensation for medical bills, lost wages, pain and suffering, and even punitive damages.

It’s important to remember that each pedestrian accident case is unique and has its own set of circumstances. A qualified attorney can provide you with an assessment of your case and help you understand the best legal strategy for pursuing a personal injury claim.

Making a Claim Against the Driver Involved in the Accident

Every year, pedestrians are needlessly placed at risk of motor vehicle accidents. Unfortunately, the prevalence of cars means that pedestrian injury accidents and traffic deaths hit an all-time high in 2020. It is important to understand what steps you should take if you ever find yourself in such an unfortunate circumstance.

The first step that any person affected by a pedestrian crash should take is to seek medical attention immediately. Even if it feels like there is only minor damage or injury, it can be difficult to fully identify the harm caused without medical treatment. Additionally, seeking medical attention will provide documentation showing the extent of your injuries and allow for further legal action lawsuits for damages down the road if necessary.

a man injured after being hit by a vehicle

It is recommended that the injured party pedestrian exchanges information with the driver who has hit you, such as their license number, insurance company, and auto insurance policy details.

After this, make sure to record circumstances surrounding the accident, including time of day and weather conditions as well as traffic safety reports and the traffic crash report to help demonstrate fault on behalf of the driver involved. Finally, contact an experienced pedestrian accident attorney who can review your case and guide you through any legal proceedings.

Making a Claim Against the At-Fault Driver's Employer

One way to get compensation after a pedestrian accident is to claim against the at-fault driver's employer.

As property owners, commercial vehicle companies are responsible for their employees' actions during work hours and job duties, according to vicarious liability. The employer doesn't have to be proven negligent for them to be held accountable. The employee's negligence while performing their duties and causing an accident is enough to show liability.

Learn More: Chicago Pedestrian and Traffic Deaths Skyrocketed in 2020

Filing a claim against an on-the-job careless commercial vehicle driver can be highly beneficial for pedestrian accident victims as the required evidence of negligence is significantly lower than when filing against ordinary civilians. Therefore it's important to consider this option.

Making a Claim Against the Government

Local, city, or state government agencies may be partly responsible or the fault party for injured pedestrian accidents due to negligence in their care towards pedestrians. Risk factors such as poorly laid out public streets, highways, broken sidewalks unmarked crosswalks, or broken traffic control signals may cause different types of accidents for pedestrians. Injured individuals may file a claim for compensation against the responsible government entity, but it's a complex process due to city policy and sovereign immunity rules.

an accident compensation claim on a desk next to a scale

A substantial factor is that these rules grant immunity from lawsuits and have specific guidelines for claims. Time limits for claims may be shorter, and compensation levels may be limited. It is essential to have an experienced pedestrian accident injury attorney with a background in legal representation against governmental entities if seeking legal liability and compensation after a pedestrian accident.

Statute of Limitations for Pedestrian Accident Claims

Acting quickly is crucial when bringing a claim for damages after a pedestrian accident. In addition to health insurance and insurance policy limits there is a statute of limitations. The statute limits the time in which legal action can be pursued against the responsible parties, varying by state from two to four years. Gathering evidence and documents immediately after a pedestrian knockdown accident is important, because the longer you wait, the harder it becomes to find evidence and prove your case. Memories will fade, making it difficult or impossible to prove fault.

Therefore, don't hesitate to seek criminal liability against someone who caused obvious trauma and seek money for pain caused through their negligence after a pedestrian accident, before the statute of limitations expires.

Contact Ktenas Injury Lawyers Today for a Free Consult!

If you've been hit by a car in the Chicago area, it's important to know that you have legal options available to you. That's why contacting Ktenas Injury Lawyers is a wise choice if you've been injured as a pedestrian due to someone else's negligence.

At Ktenas Injury Lawyers, we understand how fatal pedestrian knockdown injuries can be and we are dedicated to helping you file for damages you need to cover hospital bills, lost wages, chronic pain, and future pain. Our team of experienced personal injury attorneys for pedestrian accident victims fights hard to make sure that your pedestrian knockdown lawsuit is successful and that your rights are protected.  Contact us today for a free consultation to discuss your case and determine if Ktenas Injury Lawyers is right for you.