If you were a pedestrian on a road way and got hit by a car, you may think it is always the fault of the driver. That is not necessarily the case. In cities like Chicago, pedestrians don’t have the right of way. In order to protect drivers and pedestrians alike, pedestrians are expected to obey traffic laws too.
Jaywalking or not paying attention to law abiding drivers can land you in a precarious situation. Plus, if you are injured and have some fault in the accident, you may receive significantly reduced compensation or even none at all.
The first thing to do in this situation is to seek medical attention immediately. Don’t wait. Even if there isn’t any obvious damage you can feel or it doesn’t appear to bother you too much. Get all the necessary medical treatment necessary for your injuries.
When the doctor recommends something, do it. As soon as you come out of an appointment, record all the discussions you had, pain you felt, bills, etc. Even though the medical staff does write information down, your personal records of times, dates, names and how you were treated goes a LONG way to prove your case.
In cases involving pedestrians, it is usually a simple one to prove. But coming to that conclusion legally is where insurance companies try to tear a case apart piece by piece to avoid paying more than they need to. Filing a third party insurance claim against a driver’s insurance policy is the typical route. Just be prepared to be investigated.
Interviews need to be completed, police and medical reports reviewed and eyewitnesses spoken to get a full picture of what took place. The value and cost of future medical care are extremely important in personal injury cases because it is based primarily on speculation. A medical provider’s professional evaluation always carries much more credibility for your case to a jury than the word of an insurance claim adjuster.
This is where all of the record-keeping you have done comes into play.
In cases of substantial injuries, an experienced personal injury attorney is probably the best route when it comes to settlement negotiations with the insurance company. Lawyers know how to create a strong argument and the right time to file a lawsuit if the insurance company is being unfair.
Depending on the cause of the accident, a pedestrian may be able to recover damages from those responsible in a negligent driver, a corporate entity or a property defect accident.
We will begin an immediate investigation in your case to identify all parties responsible for the accident.
Our primary attorney will contact witnesses, work with experts when necessary, and take every necessary course of action to uncover evidence for your claim. We are prepared to take any case to court to ensure that our clients recover the compensation they are entitled to receive.
If you or someone you care about has been injured, email The Horwitz Law Group to speak with a Chicago pedestrian accident lawyer or call us at 312-641-9200.
for a young lady who was run over by a private waste hauling company while crossing the street.
for a client injured in a 2005 Metra train derailment case.
for a client whose family was killed by a street sweeper that ran a red light.
for a premises liability accident resulting in below the knee amputation.
for a woman who was hit by a car while crossing the street.
for a client who was injured on the CTA red line train.
for a client who had lawyers at another law firm trying to settle the accident case for only $60,000.
for a client who was crushed between two cars nearly severing off her leg.
for a client whose son was accidentally run over by her husband as he backed out of their driveway.
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