If a driver hit you while you were crossing a Cicero street, the insurance company may focus heavily on whether you were inside a crosswalk. An injury attorney in Cicero at Mark L. Karno & Associates, LLC can examine the circumstances of the collision and challenge unfair attempts to place the blame on you.
Call (312) 701-0090 or contact us online to arrange a free consultation.
Why Turn to Mark L. Karno & Associates, LLC?
- Proven pedestrian accident results: We have recovered substantial compensation for pedestrians injured by cars, trucks, and commercial drivers.
- Decades of motor vehicle litigation experience: Mark Karno has more than 40 years of legal experience, including extensive work involving motor vehicle negligence and serious injuries.
- Personal rather than volume-driven representation: We give clients individual attention and keep them involved in important decisions about their pedestrian accident cases.
Can You Bring a Claim If You Were Outside a Crosswalk?
Crossing outside a crosswalk may affect fault distribution, but it does not automatically make the driver blameless. A pedestrian crossing outside a marked or unmarked crosswalk generally must “yield the right-of-way” to vehicles on the roadway under 625 ILCS 5/11-1003. However, 625 ILCS 5/11-1003.1 states that drivers must still “exercise due care to avoid colliding” with a pedestrian. A driver who had a clear view of you, but was distracted or traveling too fast to react may still be mostly or entirely at fault even if you were not in a marked crosswalk.
The Driver Says You “Came Out of Nowhere.” What Can Prove Otherwise?
That statement is a common defense after a pedestrian collision, but evidence can help prove your account of what happened. For example:
- A camera may show that you were visible for several seconds before impact.
- Witnesses may have seen the vehicle approach without slowing.
- Vehicle information and roadway evidence can help determine speed, braking, and the point where the driver first had an opportunity to react.
Lighting and sight distance can also be important. If the driver claims darkness or an obstruction prevented them from seeing you, photographs and measurements from the location can test whether that explanation fits the circumstances.
Can Shared Fault Affect Your Compensation?
Shared fault can reduce your compensation even when the driver was primarily responsible for hitting you. Under 735 ILCS 5/2-1116, your damages are “diminished in the proportion” of fault assigned to you when your responsibility is 50 percent or less. If you are found more than 50 percent responsible, you cannot recover any compensation.
That gives the insurer a financial incentive to place as much responsibility on you as possible. A pedestrian who is assigned 25 percent of the fault and has $100,000 worth of damages, will lose 25 percent of their recovery.
Why a Lawyer Is Important When Fault Is Disputed
When fault is contested, the insurance company may scrutinize every statement you make for inconsistencies it can use to support its version of the crash. A Cicero pedestrian accident attorney can completely take over communications with the insurers to prevent casual or poorly worded statements from being taken out of context, and address allegations that mischaracterize your actions.
A lawyer can also evaluate how Illinois traffic rules apply to the competing accounts and identify where the insurer’s liability argument does not match the facts.
If the insurer continues to deny responsibility, having an attorney involved also means the case can move toward litigation without having to rebuild the claim from the beginning. That preparation gives you a stronger position when the other side refuses to accept responsibility.
Discuss Your Cicero Pedestrian Injury
If a vehicle struck you in Cicero, get answers based on the actual circumstances rather than the insurance company’s first assessment. Arrange a free consultation with us today by calling (312) 701-0090 or contacting us online.