A pedestrian accident in Oak Park can leave you with serious injuries and questions about whether the driver will accept responsibility for the collision. An Oak Park personal injury lawyer at Mark L. Karno & Associates, LLC can investigate what happened and pursue the compensation you deserve.
Call (312) 701-0090 or contact us online for a free consultation.
What Clients Can Expect From Our Team
- We understand how insurers evaluate and defend against pedestrian accident claims.
- We explain disputes over fault clearly so you understand what the insurer is arguing and how those arguments affect your case.
- We evaluate your injuries based on the medical care, lost income, physical limitations, and other consequences the accident has caused.
Did You Have the Right-of-Way?
Right-of-way can become one of the first issues an insurance company examines after a pedestrian accident because it helps determine whether the driver, the pedestrian, or both contributed to the collision. Where you crossed, what the traffic signal showed, and when you entered the roadway can all impact that determination.
At a crosswalk without an operating traffic signal, 625 ILCS 5/11-1002 requires a driver to “stop and yield the right-of-way” when a pedestrian is within the applicable portion of the roadway. The law also prohibits a pedestrian from suddenly entering the path of a vehicle that is too close to stop safely. If the driver claims you stepped into traffic without warning, the insurer may use that allegation to place some or all of the responsibility on you.
What If the Insurance Company Blames You?
Under 735 ILCS 5/2-1116, you can recover damages when your share of fault is “not more than 50%.” Your compensation then decreases by the percentage assigned to you. For instance, if the insurer places 30 percent of the blame on you, it is also seeking to reduce the amount it pays by 30 percent.
Proving Fault
Video can establish when you entered the crosswalk, how long you were visible, whether the vehicle slowed, and where the impact occurred. Cameras at nearby homes, businesses, buses, or vehicles may have captured the collision or the moments leading up to it.
Witnesses can also provide information about the traffic signal and the driver’s actions. Vehicle data, physical damage, roadway marks, and accident reconstruction can be used to clarify speed and braking when the driver gives a different version of events.
What Can You Recover After a Pedestrian Accident?
A pedestrian accident claim can include economic and non-economic losses resulting from your injuries, including:
- Medical expenses: Current and future treatment, rehabilitation, and related care.
- Lost income: Wages lost while you are unable to work.
- Reduced earning capacity: Future income lost because of lasting limitations.
- Pain and suffering: Physical pain and the personal effects of your injuries.
- Disability and disfigurement: Permanent limitations, scarring, or changes to your appearance.
Serious pedestrian injuries can create losses that continue long after the accident, making future medical, financial, and personal consequences an important part of the claim.
Protecting Your Case When Fault Is Contested
When an insurer argues that you entered the roadway unexpectedly, ignored a signal, or failed to watch for traffic, the percentage of fault assigned to you can directly affect whether you recover compensation and how much you receive.
An Oak Park pedestrian accident attorney can challenge those allegations using the traffic laws, video, witness accounts, vehicle data, and other evidence that shows how the collision actually occurred. If they refuse to pay fair compensation, your lawyer can pursue the claim in court and handle all legal aspects while you focus on your medical treatment and recovery.
Move Forward After an Oak Park Pedestrian Accident
Mark L. Karno & Associates, LLC can review how the collision occurred and what losses it caused to help you recover the compensation you need. Call (312) 701-0090 or send us a message online for a free consultation.