Pedestrian Accidents in Crosswalks

Thursday, January 23, 2020

Pedestrian Accidents in Crosswalks

Written by Malman Law, reviewed by Steve J. Malman.

According to the National Highway Transportation Safety Administration (NHTSA), 6,283 Americans lost their lives as pedestrians in 2018. This represents a three percent increase over the previous year. Many of these fatalities and countless other injuries occurred to pedestrians who were in crosswalks where they assumed they were safe.

If you or someone you love was injured as a pedestrian in a crosswalk or anywhere else, consulting with an experienced personal injury lawyer should be a priority. You might be owed compensation for your injuries and damages. 

What Causes Pedestrian Crosswalk Accidents?

Despite being designated areas for pedestrians to cross the road safely, many accidents happen in crosswalks. Driver negligence is often to blame in these cases. Pedestrian crosswalk accidents happen when:

• Drivers fail to yield to pedestrians already in the crosswalk when the walk signal expires
• Drivers making a right turn at a red light who fail to look for pedestrians before proceeding
• Drivers fail to stop at a red light
• Drivers are speeding
• Drivers are under the influence of alcohol or other substances
• Driver inattentiveness from talking on cell phones, eating while driving, programming a GPS, applying make-up or several other actions
• Pedestrians fail to obey the crossing signals and are not focused and alert

Elements of a Successful Pedestrian Accident Case

Most pedestrian accident cases will be based on the legal concept of negligence. To prove negligence, your personal injury attorney will need to be able to prove four elements:

• Defendant Duty: The driver owed you a duty of care such as to yield to you as a pedestrian in a crosswalk or to stop at a stoplight
• Breach of Duty: The driver failed to uphold their duty of care
• Injuries: The driver’s breach of duty directly caused your injuries
• Damages: Your injuries led to your damages such as medical bills, lost wages, disfigurement or pain and suffering

What is the Statute of Limitations for Pedestrian Accidents?

Under the statute of limitations found in Illinois Compiled Statutes 735 §5/13-202, individuals who are injured in a pedestrian accident and wish to bring a legal claim will need to do so within two years of the date of their injury. If you fail to file your claim within this specified timeframe, you will lose your legal right to seek compensation. To avoid making this mistake, speak to a skilled personal injury lawyer as soon as possible after your accident. 

Injured in a Crosswalk Pedestrian Accident? Hire an Experienced Chicago Personal Injury Attorney

Suffering injuries from a pedestrian accident can be one of the most difficult experiences of your life. You may have a long road to recovery with tens of thousands of medical bills that need to be paid. You may be unable to return to work, earn wages, or participate in the activities you once enjoyed all because of the negligence of one driver. You do not have to simply accept what has happened to you. Instead, contact our team to exercise your legal rights to recovery. 

For your free no-obligation case evaluation, reach out to Malman Law. We can be reached at (312) 629-0099 or use our online contact form.