Michael J. Lucas & Associates, LLC helps injured pedestrians investigate those facts and understand the insurance issues that may follow.
Crosswalks and Right of Way
Illinois law contains specific rules concerning pedestrians and motorists, including duties at crosswalks and traffic control signals. A driver's obligation to yield can depend on where the pedestrian was located, whether signals were operating, and other circumstances.
A pedestrian also has responsibilities under the Illinois Vehicle Code. For that reason, the existence of a crosswalk does not eliminate the need to examine the full sequence of events.
Common Causes of Pedestrian Collisions
Claims often involve drivers who fail to yield while turning, back out of parking spaces, speed through residential areas, drive while distracted, fail to observe a pedestrian in a crosswalk, or enter an intersection before confirming that it is clear.
Parking lots, school zones, transit stops, shopping centers, and poorly lit roadways can create additional visibility concerns.
Comparative Fault
Insurers sometimes argue that a pedestrian crossed outside a crosswalk, entered unexpectedly, ignored a signal, wore dark clothing, or was distracted. Illinois comparative fault rules can make those allegations important.
The proper response is evidence. Video, witness statements, lighting conditions, vehicle speed, roadway design, cell phone records where appropriate, and physical evidence may help establish whether the driver had time and opportunity to avoid the collision.
Insurance and Damages
The driver's liability coverage is often the first source examined. Depending on the circumstances, additional automobile coverage, commercial policies, or uninsured and underinsured motorist coverage may also become relevant.
Potential damages may include medical expenses, lost wages, future treatment, pain and suffering, disability, disfigurement, and loss of normal life. Severe pedestrian injuries may also affect mobility and the ability to return to prior employment.
What Should I Preserve?
Photographs of the scene, clothing and personal items, witness information, surveillance video, police documentation, and medical records can all be useful. Video from businesses, homes, buses, or traffic systems may be overwritten, so early investigation can be important.
If you or a family member has been injured as a pedestrian, Michael and his team can examine the collision, address comparative fault arguments, review available insurance coverage, and help you understand the options for pursuing a claim.
Areas We Serve
Michael J. Lucas & Associates, LLC assists clients throughout Boone County, Cook County, DuPage County, Kane County, Lake County, McHenry County, and Will County.
Our office serves clients throughout Northern Illinois, including Addison, Algonquin, Antioch, Arlington Heights, Aurora, Barrington, Bartlett, Batavia, Belvidere, Bloomingdale, Bolingbrook, Buffalo Grove, Carpentersville, Cary, Chicago, Crystal Lake, Deerfield, Des Plaines, Downers Grove, Elgin, Elk Grove Village, Elmhurst, Evanston, Fox Lake, Fox River Grove, Frankfort, Geneva, Glen Ellyn, Glenview, Grayslake, Gurnee, Hanover Park, Hampshire, Harvard, Highland Park, Hoffman Estates, Huntley, Joliet, Lake Barrington, Lake Forest, Lake in the Hills, Lake Zurich, Libertyville, Lincolnshire, Lisle, Lockport, Lombard, Marengo, McHenry, Mokena, Mount Prospect, Mundelein, Naperville, New Lenox, Northbrook, Palatine, Park Ridge, Plainfield, Poplar Grove, Prospect Heights, Rolling Meadows, Romeoville, Roselle, Schaumburg, Shorewood, South Elgin, St. Charles, Streamwood, Sugar Grove, Vernon Hills, Waukegan, West Chicago, Wheaton, Wheeling, Wilmette, Winfield, Wood Dale, Woodridge, and Woodstock.